Suppressors Can I apply for nfa items with a past misdemeanor?

[uracowman]

Greetings guys,

I had a question about suppressor ownership with a misdemeanor on record.

When I was 19 ( I am now 24), I got arrested during a party I was holding while I was in college. Every person there got an MIC or MIP, but I got tagged with a furnishing alcohol to minors charge, which is a class A misdemeanor, and I spent the night in jail. I hired a lawyer and ended up with what I BELIEVE was defer adjudication (1 year probation, 20 hours community service, no jail time, no fine). I'm not sure if anything regarding the incident is still on my record because I didn't get it expunged, but isn't there something where misdemeanors are wiped off your record after a certain period of time?

I was looking over the NFA items guidelines and it says that as long as you weren't convicted of a charge with the possible sentence of over a year AND if you haven't been convicted of domestic battery, you are good to go. Am I good here to own NFA items? I've purchased tons of guns since the incident, so I know it doesn't affect that realm of ownership, but what about NFA stuff? The only reason why I ask is because I just filed all my paperwork for a suppressor, but I havent mailed the paperwork pr $200 to the atf yet. This issue was just brought to my attention by a friend.

At this point I am assuming I am fine since I've bought a ton of guns since the incident.

 

[Outsydlooknin75]

Re: Can I apply for nfa items with a past misdemeanor?

IF you arent elligible then they will refund your money

 

[PGTBrow]

Re: Can I apply for nfa items with a past misdemeanor?

I have a misdemeanor for reckless driving from back in my teenage years and I got my stamp with no problem. I'm pretty sure they just look at felonies and domestic abuse/assualt charges for the most part.

 

[fdkay]

Re: Can I apply for nfa items with a past misdemeanor?

Deferred adjudication is still a conviction for a fairly serious misdemeanor charge.

However, I believe they are most concerned with convictions of domestic violence.

 

[lazy21]

Re: Can I apply for nfa items with a past misdemeanor?

Why not call ATF and ask them? I would send them a letter or email so theres a paper trail.

 

[KYS]

Re: Can I apply for nfa items with a past misdemeanor?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Outsy</div><div class="ubbcode-body">IF you arent elligible then they will refund your money </div></div>

Good luck getting that back. Currently waiting for my money back on a suppressor that was double logged. Its been two years now....

 

[WileyG]

Re: Can I apply for nfa items with a past misdemeanor?

Typically if you've been successful at passing handgun NICS then you're gtg with NFA

 

[yamatitan]

Re: Can I apply for nfa items with a past misdemeanor?

I got arrested for the exact charge very similiar circumstances. I was 18 senior in high school. Girlfreind was 17 at the time got busted at a party drinking. Wasnt even my party or my alchol. I refused to talk without a lawyer present. Cop arrested me for distributing to minors and possesion by a minor, since I was the only one 18. Actually turned 18 that month. I did get mine expunged though and would recommend you do to if possible. As far as nfa your good to go you will get approved expunged or not.

 

[uracowman]

Re: Can I apply for nfa items with a past misdemeanor?

Just sent it out today

And now we wait

 

[Cologgi]

Re: Can I apply for nfa items with a past misdemeanor?

Have patience. I bet it will be longer than 8 months

 

[woodspider]

Re: Can I apply for nfa items with a past misdemeanor?

Your conviction has not disqualified you. But get it expunged as soon as you can call the courthouse they have request forms you dont need a lawyer expungement is a right in most first offense cases and states. But as for NFA it doesn't have any impact.

 

[uracowman]

Re: Can I apply for nfa items with a past misdemeanor?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BobcatT870</div><div class="ubbcode-body">Have patience. I bet it will be longer than 8 months </div></div>

I'm well aware. According to some tool on the NFA tracking wbesite, the expected return time is december if the check was cashed last week. Realistically, I'd probably be looking at January before I receive the stamped form 4

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: woodspider</div><div class="ubbcode-body">Your conviction has not disqualified you. But get it expunged as soon as you can call the courthouse they have request forms you dont need a lawyer expungement is a right in most first offense cases and states. But as for NFA it doesn't have any impact. </div></div>

weird. This case was over 4 years ago, so hopefully I still qualify. I was unaware you could just request that through the court house.

Thanks for the info.

 

[robbf213]

Re: Can I apply for nfa items with a past misdemeanor?

Depends on the wording of the NFA guidelines. A Class A in TX is inprisonment not to exceed one year. If NFA says more than one year you should be GTG.

 

[Pusher591]

Re: Can I apply for nfa items with a past misdemeanor?

I had an alcohol violation when I was 18 and am now 27. I have several SBR's and doing a suppressor now. I have never had any problems, you should be fine.

 

[WadeP]

Re: Can I apply for nfa items with a past misdemeanor?

If you can pass a NICS check and are eligible to receive a firearm, you can receive a NFA item. Like was said, all they really disqualify for are felony convictions and misdemeanor domestic violence.

 

[HPLLC]

Re: Can I apply for nfa items with a past misdemeanor?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: WadeP</div><div class="ubbcode-body">If you can pass a NICS check and are eligible to receive a firearm, you can receive a NFA item. Like was said, all they really disqualify for are felony convictions and misdemeanor domestic violence. </div></div>

this

 

[karb]

Re: Can I apply for nfa items with a past misdemeanor?

A misdemeanor conviction that COULD HAVE received a YEAR or more
Even if the time served was reduced to less than said year(or none at all).


Your other gun purchases through NICS would have caught It if your sentence was up to, or more than, a year. So your good.

If sentences for contributing to a minor change(in the future) to a year jail, then your screwed on the next NICS check, cause they review your case against the current laws.

Expungmemt may at least be worth trying.

 

[boomdoggie]

Re: Can I apply for nfa items with a past misdemeanor?

since you were under 21 in Texas that is concidered a Status Offence, meaning that at the legal age it should have gone on your criminal history as "Status Offence." And if you got a class A for that you must have really pissed off someone. The city I worked for had them as class C all the time. Then again Alpine made DWI's open containers.

 

[shoepop]

Re: Can I apply for nfa items with a past misdemeanor?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RC in Va.</div><div class="ubbcode-body">A misdemeanor conviction that COULD HAVE received a YEAR or more
Even if the time served was reduced to less than said year(or none at all).


Your other gun purchases through NICS would have caught It if your sentence was up to, or more than, a year. So your good.

If sentences for contributing to a minor change(in the future) to a year jail, then your screwed on the next NICS check, cause they review your case against the current laws.

Expungmemt may at least be worth trying. </div></div>

Agree on first, on second not always. I had customer no problem on nics for years it wasn't until he purchased two handguns within 5 business days which required me to send ATF a multiple sale report, ATF agents were knocking on his door 2 days later. They made/asked him to forfeit handguns he purchased which he did and received reciept for also advised no more firearms, they DID NOT ask if he had others and did nothing other than confiscate and advise not to purchase in the future. His crime was carrying a BB gun in Philadelphia when he was 14 he is now 45ish but his "crime" COULD have be punished by a year or more, he got 6 month probation. Bottom line basic nics dosen't catch some things a more detailed check caught him. I have no clue on third point.

 

[karb]

Re: Can I apply for nfa items with a past misdemeanor?

Interesting indeed.

Am I correct in thinking the guy unknowingly checked X-NO-X on his
4473 concerning crimes punishable by a year or more for ALL purchases
Over the counter?

 

[shoepop]

Re: Can I apply for nfa items with a past misdemeanor?

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: RC in Va.</div><div class="ubbcode-body">Interesting indeed.

Am I correct in thinking the guy unknowingly checked X-NO-X on his
4473 concerning crimes punishable by a year or more for ALL purchases
Over the counter? </div></div>

Yes, unknowingly. 4473 has changed many times over the years what tripped my client up was the addition of "could have" and the fact at the age of 14 he had no clue then or 30 years later that possession of a BB gun and subsequent probation would preclude him from purchase. Up until the time they added "could have" he was perfectly legal purchasing.