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Purchasing a Firearm with a Dismissed Misdemeanor

Discussion in 'Criminal Records, Expungement' started by Cainefm1, Jul 7, 2018.

  1. Jul 7, 2018 #1
    Cainefm1

    Cainefm1 Law Topic Starter New Member

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    Jurisdiction:
    Oregon
    Two years ago, I got convicted of a NON VIOLENT misdemeanor with a punishment of up to one year in prison. The case was dismissed. The crime occurred in Oregon, but I now live and want to purchase a firearm in Washington. On the ATF Form 4473, on question 11c it says, "Have you ever been convicted of a felony or any other crime for which the judge could imprison you for more than one year,"

    Since the sentence is "up to one year", is this something I should say "yes" to on the form, or should I not because it is not more than one year.

    The wording is confusing and I thought that coming here would be good before I signed any paperwork.
     
    Cainefm1, Jul 7, 2018
    Cainefm1, Jul 7, 2018
    #1
  2. Jul 7, 2018 #2
    mightymoose

    mightymoose Moderator

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    Your own wording here is confusing, but it appears you can likely answer "No".

    You say the offense was a misdemeanor.
    You say the maximum penalty was up to a year, not more than a year.
    You say the case was dismissed. If the case was dismissed then you were never convicted of anything, which makes it all moot anyway. A conviction means you were found guilty.
     
    mightymoose, Jul 7, 2018
    mightymoose, Jul 7, 2018
    #2
  3. Jul 8, 2018 #3
    Highwayman

    Highwayman Well-Known Member

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    Make up your mind. Which was it? Do you have any clue what happened to you in court?
     
    Highwayman, Jul 8, 2018
    Highwayman, Jul 8, 2018
    #3
  4. Jul 8, 2018 #4
    army judge

    army judge Super Moderator

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    Did this alleged crime involve DOMESTIC violence, spousal battery, or injury to someone you were dating or was it someone with whom you were residing?

    If the answer is YES, you'll never be able to LEGALLY own or possess a firearm.

    No need to tell me YES or NO, if its YES, you have your answer.
    ..
    ..
    1117. Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence | USAM | Department of Justice
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    https://www.futureswithoutviolence.org/userfiles/file/Children_and_Families/Guns.pdf
    ..
    ..
     
    army judge, Jul 8, 2018
    army judge, Jul 8, 2018
    #4

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