NICS Backround Check Question

A

Alexsogh

Inactive
I am new to this Forum and figure this would be the best way to get some feedback. I have been a Florida resident since 2011 and have no Felonies on my record however I have been convicted of misdemeanor drug possession in 2008 and misdemeanor drug possession in 2012. Both arrests were originally charged as a felony however the dispositions of both cases are misdemeanor. There are no issues on my record since then and I would like to know if this would prevent me from passing a backroad check? Any info is appreciated, thank you.
 
Welcome to the Firing Line!

First off, I do not know the answer you are looking for. Am not a lawyer, don't pretend to be one. For valid legal advice, PAY a lawyer.

A misdemeanor drug conviction MAY not be a deal breaker, IF it was long enough ago. However, I do not know how long is required. I have heard phrases like "within the last five years". Read the 4473 form, all the questions and their explanations. If you can't meet those, you can't legally buy a firearm.

It MAY be a 2012 conviction is too recent for you to be approved. IF so, keep your life clean and wait until the required time has passed, then apply.

Good Luck!
 
Go look at questions b, c and e on the 4473 and figure out your answers to them.
You can find a copy of the form online.
Good luck!
 
get form 4473 and just read it over carefully. if still uncertain, call or visit an FFL in your area and explain your situation relative to form 4473. He can advise you.
 
Misdemeanors with a sentence of a year , even if not sentenced would make you not pass a background check .
That is what is on 4473.


Since you have two , I would not even try to buy a gun until you get your record expunged.
 
From the linked thread

or possession of a controlled substance within the past year, or multiple arrests for such offenses within the past five years if the most recent arrest occurred within the past year.
 
Here's what's actually on the 4473 that applies to the OP's situation:

Question 11.b. - 11.l. Definition of Prohibited Person:
Generally, 18 U.S.C. § 922 prohibits the shipment, transportation, receipt, or possession in or affecting interstate commerce of a firearm by one who: ... has been convicted of a felony, or any other crime, punishable by imprisonment for a term exceeding one year (this does not include State misdemeanors punishable by imprisonment of two years or less) ;...is an unlawful user of, or addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any other controlled substance;
[edited slightly] https://www.atf.gov/file/61446/download
Click to expand...

It's all going to depend on exactly what the two misdemeanors were, how long the maximum possible sentences could have been (not what he received) and whether the OP's two convictions would cause him to be considered an "unlawful user of a controlled substance".

Getting the right answer to these questions is going to require the services of a real lawyer in the state where the convictions occurred. Get one before proceeding.
 
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