Renewing C&R/FFL, need help.

[Pancho25]

Renewing C&R/FFL, need help.

Hello,

Am currently renewing my C&R/FFL. Question D 9 states: "Have you ever been convicted in any court of a crime for which the judge could have imprisoned you for more that one year even if the judge actually gave you a shorter sentence?"

I think this question has been in the previous applications. I could be mistaken, but I recall that I was able to answer this "no" because of some legal distinction involving the term "conviction". I recall having some legal material which I downloaded which stated some conditions under which the answer could be "no", and I think it had something to do with probation. I think I also called the BATF and discussed it with them.

Does anyone have any info on this question D 9 ? ?

Thanks.

 

[Hkmp5sd]

It is basically asking you if you have ever been convicted of a felony. As some jurisdictions call a given crime a felony while others classify it a misdemeanor, ATF has given it a generic definition of being convicted of any crime in which the maximum possible sentence exceeds 1 year in jail.

Of course, they then turn around and provide a handout on NICS with the following:

Currently under formal charges for a felony or convicted of a felony that can receive more than a one-year sentence or convicted of a misdemeanor that could receive more than a two year sentence.

So basically, they are asking if you are a convicted felon. Assuming you can pass the NICS background check and own firearms, that would mean no felonys and you could answer the question as such.