Ok, this one should be interesting. Over thirteen years ago, I was young and stupid and got into some trouble with the law. I pled guilty to theft by deception in the third degree in New Jersey. I was given probation which was completed in 1999. Well, now I have a dilemma because I'm a little unsure of what to put on the 4473 form. I now live in Florida.
The Exception 1 to Important Notice 6 on the form 4473 states:
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 where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2) the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer "no" to 12 C. or 12i, as applicable.
Now, my civil rights in New Jersey were restored once my probation was finished. As for part that says, "the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms.", that's where it gets sticky.
It says in this NRA summary here:
http://www.nraila.org/statelawpdfs/NJSL.pdf
But further down it states:
I obviously don't fit that category, so while I may not be able to obtain "permit to purchase" in New Jersey, it doesn't appear that I am prohibited from owning a firearm.
Question is, how does that tie into Florida and would I be able to answer NO to question 12c based upon this?
And please, if you don't know, don't hit me with the "Ask a lawyer" response.
Thanks
The Exception 1 to Important Notice 6 on the form 4473 states:
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 where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2) the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer "no" to 12 C. or 12i, as applicable.
Now, my civil rights in New Jersey were restored once my probation was finished. As for part that says, "the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms.", that's where it gets sticky.
It says in this NRA summary here:
http://www.nraila.org/statelawpdfs/NJSL.pdf
No Permit to Purchase or FID will be issued to any:
Person who has been convicted of a crime.
But further down it states:
No person may possess, control, own, or purchase any firearm if he has:
Been convicted of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, sexual assault; bias intimidation or endangering the welfare of a child; or any weapons offense; or any domestic violence offense including crime such as harassment, stalking or criminal restraint.
I obviously don't fit that category, so while I may not be able to obtain "permit to purchase" in New Jersey, it doesn't appear that I am prohibited from owning a firearm.
Question is, how does that tie into Florida and would I be able to answer NO to question 12c based upon this?
And please, if you don't know, don't hit me with the "Ask a lawyer" response.
Thanks