You might want to have that form corrected. This is from an ATF newsletter (September 1999):
If his conviction has been expunged or pardoned (it depends on locality), he needs to answer "no" to question 11b.
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convicted felon and firearms
- Thread starter lashlaruhe
- Start date
You might want to have that form corrected. This is from an ATF newsletter (September 1999):
If his conviction has been expunged or pardoned (it depends on locality), he needs to answer "no" to question 11b.
So, drunk drivers don't cause any harm to society? I am sorry, but I have no sympoty for them. Did you know there are countries where your first DUI is literally your last.
I didn't say they didn't cause harm, I merely maintain that they if that is all they are doing and not causing accidents or fatalities or brawling, are nonviolent crimes.
The circumstance has everything to do with it.
How about embezzlement? Nonviolent?
Mel
green_MTman
New member
if a record is expunged the conviction is deleted.so you would write NO to have you ever been convicted of a felony.
the question is have you ever been convicted of a felony,not have you ever commited a felony.if the conviction is erased youve never been convicted.
that would like saying if a person who was innocent and in prison got his conviction overturned on appeal,he would still have to say he is a felon.
the question is have you ever been convicted of a felony,not have you ever commited a felony.if the conviction is erased youve never been convicted.
that would like saying if a person who was innocent and in prison got his conviction overturned on appeal,he would still have to say he is a felon.
Microgunner
New member
Tom, thanks for the heads up. I just looked at a 4473 and he should have answered "no" to 11c.
Evan Thomas
Inactive
Your original question was "What would be an example of a nonviolent felony?". A couple have been given, and one might add several others: fraud, theft, blackmail, drug possession, some sexual acts between consenting adults (still felonies in several states) -- just to name a few.Bella said:Do dope dealers cause harm?
The question of whether all felonies cause harm to society is a quite different and rather complex one, and it's off-topic for this discussion.
There is no reason, that after a person has paid their debt to society for a non-violent crime, a person should not have their rights restored.
I agree. And these things should be done on a case by case basis. The law does provide an avenue for this.
HOWEVER, I am given to understand that, on the Federal Level, it is currently not funded (and hasn't been for some time).
Also, depending on where you are, and what the felony was, there may be a state level or rights restoration you would need, as well. You need to find a competent lawyer familiar with your state situation to get a good idea of what it would take in your situation.
It's been defunded since 1992. There's more info here.HOWEVER, I am given to understand that, on the Federal Level, it is currently not funded (and hasn't been for some time).
I'm unclear as to who actually wanted this defunded, since parties on both sides of the debate have taken credit for the situation at various times.
Aguila Blanca
Staff
The laws applicable to expungement make it pretty much like having a marriage annulled rather than getting a divorce. If the record has been expunged, generally it is legal and proper to answer "No" to the 'Have you ever been convicted of a felony" question.godot said:There is a question on the Federal purchase form that asks if you've EVER been convicted of a felony. Even if the felony is expunged you'd still have to answer yes, thereby blocking the sale.
Even if the felony is expunged you'd still have to answer yes, thereby blocking the sale.
There is a place where you can explain the felony and provide the paper work shows the felony was wiped out. It still may show up on a NICS report so get the paper work too. Then you can go to the sherrifs office and get the permit to carry or purchase, they may keep a copy of the paper work.
Seen it done in person in Nebraska and iowa, felony conviction was "set aside" by a fed judge. Granting the person his gun rights. Go to the courthouse and seek out these questions, there may be legal help for you at no charge.
Frank Ettin said:Plus, the guy who lawfully possesses the guns in his home can be prosecuted for aiding and abetting the unlawful possession of a gun by a prohibited person.
I could use some clarification here.
I have read this or similar several times on forums like this.
In the state of florida, you can not be in possession of a weapon, or anywhere a weapon is, period, The same applies for fed felonies
This says to me that even If I have my firearms locked in a safe and the "felon has no access, I am in violation of the law if I have a Felon in my home. True?
What about my vehicle? Can I carry my handgun in a vehicle if a passenger is a Felon?
Frank Ettin
Administrator
steve4102 said:Frank Ettin said:Plus, the guy who lawfully possesses the guns in his home can be prosecuted for aiding and abetting the unlawful possession of a gun by a prohibited person.
I could use some clarification here.
I have read this or similar several times on forums like this.
...In the state of florida, you can not be in possession of a weapon, or anywhere a weapon is, period, The same applies for fed felonies
See the case of United States v. Huet, 665 F.3d 588 (3rd Cir., 2012). The Third Circuit (Pennsylvania) let stand an indictment for aiding and abetting the unlawful possession of a gun by a prohibited persons in a situation in which a gun owner had a cohabitant who was a prohibited person. In that case the gun the prohibited person was charged with possessing was not secured against the prohibited person's access, supporting both the prohibited person's conviction for unlawful possession of a gun and the indictment of his cohabitant. From the opinion (at pg. 593, emphasis added):
...on June 6, 2008, a valid search warrant (the “search warrant”) was executed on the couple‟s Clarion County home. Agents seized an SKS, Interordnance M59/66 rifle (“SKS rifle”) from an upstairs bedroom.
Although Huet is legally permitted to possess a firearm, Hall was convicted in 1999 of possessing an unregistered firearm, in violation of 26 U.S.C. § 5861(d), and is therefore prohibited from owning or possessing a firearm. After being informed of the raid, Huet allegedly told investigators that the guns in the house belonged to her and that it was not illegal for her to purchase weapons. Despite Huet‟s assertions that she alone possessed the SKS rifle, the Government sought and obtained an indictment charging Hall with illegal possession of the weapon, and Huet with aiding and abetting Hall‟s possession....
If a gun is locked in a case or a safe to which only you have the key or combination, or if the gun is on your person, you can argue that no one else has access to it.steve4102 said:...This says to me that even If I have my firearms locked in a safe and the "felon has no access, I am in violation of the law if I have a Felon in my home. True?
What about my vehicle? Can I carry my handgun in a vehicle if a passenger is a Felon?
Aguila Blanca
Staff
Even if the felony is expunged you'd still have to answer yes, thereby blocking the sale.
The question is #11.c. The instructions for question 11.c say:
EXCEPTION to 11.c. and 11.i.: A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer “no” to 11.c. or 11.i., as applicable.