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I tried to buy a gun about 3 years ago and was denied and…

I tried to buy...

I tried to buy a gun about 3 years ago and was denied and after going back and reading the application I realized I may have said no on a question I probably should had said yes so I call my attorney which he assured me everything was ok. The question was on form 4473 question 11b. I was going through a court case but I was told it was going to be a misdemeanor but found out they were trying to get me for a felony but it did turn out to be a misdemeanor and it was expunged. I was worried I had lied unintentionally but nothing happened. Now that everything is expunged I went in to try to buy another gun and they came back and said I was put on hold so they can further review my background some more. Do I need to worry that I may have unintentionally put the wrong answer on the form 3 years ago? Everything I answered this time was all truth but I'm a little worried because they put a hold on me buying the gun. I have no felonies just misdemeanors and nothing violent. Is this something I need to worry about?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

Texas

Lawyer's Assistant: Have you talked to a lawyer yet?

Not about this

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Answered in 2 minutes by:
9/14/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,005
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

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If you pled guilty to a misdemeanor and you were asked if you were ever convicted of a felony, the answer to the question is NO. That's true even if you were charged with a felony which was then reduced and disposed of as a misdemeanor.

If you were convicted of a misdemeanor of domestic violence or if your misdemeanor had a maximum possible penalty of more than a year, then your former conviction would have cost you your gun rights. But the former does not apply. Neither does the latter if your misdemeanor was a Texas conviction, since Texas's misdemeanor penalties do not exceed a year.

Likely they put a hold on your purchase to make sure that the case was reduced from the felony. I don't think you have anything to worry about in terms of filling out the form falsely, as it would appear that you did not.

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Customer reply replied 7 months ago
The misdemeanor conviction was inOklahoma. I tried to by the gun in Texas. I am a Texas resident. I was working on a project in Ok when I was arrested.
Customer reply replied 7 months ago
Is it the same with misdemeanors in OK as it is in Texas?

Thank you for clarifying. In Oklahoma, the maximum possible sentence on a misdemeanor is one year in jail. So your DUI did not cost you your gun rights, you did not answer the form incorrectly and your purchase, hopefully, will not be denied.

The Federal government is doing tighter screening now than ever before because of the number of mass shootings, so they are looking into things more closely, but this charge would not affect your gun rights if you pled to a misdemeanor.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,005
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Customer reply replied 7 months ago
Thank you very much I appreciate your response.

You're very welcome! Good luck.

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