Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
9/14/2017
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,897
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

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.

Ask Your Own Criminal Law Question

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.

Ask Your Own Criminal Law Question
Customer reply replied 11 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 11 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: 31,897
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 11 months ago
Thank you very much I appreciate your response.

You're very welcome! Good luck.

Ask Your Own Criminal Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a criminal lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,897
31,897 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,248 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,181 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

2,016 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,750 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,640 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

Barrister

Barrister

Criminal Defense Law

1,266 satisfied customers

17 years practicing criminal defense.

< Previous | Next >

Related Criminal Law Questions
Can I buy a gun in west virgina if I have a misdemeanor 3
Can I buy a gun in west virgina if I have a misdemeanor 3 possession of a fire arm without a license 18 years ago in PA. Only thing I have in record is this misdemeanor 3. It was not violent back up g… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
I have a marijuana charger from 10 years ago. Will that keep
I have a marijuana charger from 10 years ago. Will that keep me from buying a firearm? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
I was filling out a gun background check and I incorrectly
I was filling out a gun background check and I incorrectly said no on a answer but after leaving the store I thought about it and should had said yes. I asked the guy at the gun store what the questio… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,266 satisfied customers
I was convicted of a non violent felony 13 years ago in
hi, i was convicted of a non violent felony 13 years ago in ohio, i had been in a car and a tiny $20 bag of coke was found. i want to go buy a gun to protect my wife and child. how do i check if i hav… read more
LawTalk
LawTalk
Lawyer
Juris Doctor
1,815 satisfied customers
I have a non-violent felony D on my record ...I want to
I have a non-violent felony D on my record for dui...I want to purchase a shot gun for home protection only. Went to bass Pro and had paperwork done up on a shotgun and when they ran my background che… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
I have a burglary charge in 2000 I didn't serve jail time
I have a burglary charge in 2000 I didn't serve jail time only probation and I'd like to buy a firearm. It happened in North Dakota and I live in California … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
As part of a plea bargain I plead guilty to felony battery,
As part of a plea bargain I plead guilty to felony battery, with stipulations after 2 years I could petition to have the charges dropped to a misamenor. I was successful in doing that. Can I own a gun… read more
Colleen Grady
Colleen Grady
Assistant Principal
Juris Doctor
405 satisfied customers
Been wanting to go hunting with some families and friends
Been wanting to go hunting with some families and friends for awhile now, but in the case of me purchasing a firearm. I dont know if Im a be illegible. I done something stupid almost 11+ years ago whe… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
I am in the process of moving from to Wisconsin. I currently
I am in the process of moving from Virginia to Wisconsin. I currently hold a concealed carry permit in Virginia. In 1994 I was convicted of 1 count of felony embezzlement. After tha appropriate waitin… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
12 years ago I recieved a felony burglary in CA. I had the
12 years ago I recieved a felony for residentual burglary in CA. I had the felony expunged and sealed and now I live in New Mexico. Is there steps I can take to restore my gun rights?… read more
AttyDort
AttyDort
Attorney at Law
Juris Doctorate
95 satisfied customers
I have a question similar to one you answered previous
Hi. I have a question similar to one you answered previous about purchase/possession of a firearm if a convicted felon. I plead guilty to a non-violent crime back in the early 1995. The crime was unau… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
Can I be charged with a crime for trying to buy a gun with
Can I be charged with a crime for trying to buy a gun with an expunged felony? I live in California. I have a felony that was expunged over 14 years ago. Since the expungement, I have had a Real Estat… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
On my FBI back ground check it it says besides firearms DQ
On my FBI back ground check it it says besides firearms DQ Clear then beside Brady act it says clear does this mean I am clear to purchase firearms?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
Gun question. Form 4473 Question 11 section I. Asks. Have
Hi Gun question. Form 4473 Question 11 section I. Asks. Have been convicted of a domestic violence charge? And then says Question 11 section I also says. See for instructions for 11 I. And that reads.… read more
Barrister
Barrister
Criminal Defense Law
Doctoral Degree
1,266 satisfied customers
I want to know if getting my gun rights reinstated is possible?
I want to know if getting my gun rights reinstated is possible? I got into trouble about 13 years ago for resisting law enforcemnt on my motorcycle and perjury. Both class D Felony but reduced both to… read more
dkennedy
dkennedy
Attorney
Juris Doctorate
27 satisfied customers
I have a conviction for m2 assult in PA with that prevent me
I have a conviction for m2 assult in PA with that prevent me from purchasing a gun in that state… read more
Legalwriter
Legalwriter
Attorney
Juris Doctor
201 satisfied customers
i filled up a form 4473 (NICS) to purchase a gun. I might have
i filled up a form 4473 (NICS) to purchase a gun. I might have been misled or did not understand the exemptions for people deemed convicted of misdemeanor domestic violence and put no as an answer to … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers
I was denied in ca for a firearm for a misdemeanor cultivation
I was denied in ca for a firearm for a misdemeanor cultivation convtion due to the penal stauture being a felony one.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
Doctoral Degree
31,897 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x