Form 4473 Question 11C - conviction for more than 1 year

[WVneighbor]

A friend of mine was discussing with me about buying a handgun (not one of mine, he will go to a LGS). As part of the discussion I asked him about past criminal convictions.

In 1991 he plead guilty to theft under $300. He was sentenced to 18 months in the county jail. This conviction happened in Maryland.

Can he answer "NO" to question 11C on the 4473?

11C reads "Have you ever been convicted in any court of a felony, or any other crime, for which the judge could imprison you for more than 1 year."

My first reaction is that he is a prohibited person, however after doing a little research, I've come across Title 18 United States Code, Chapter 44 Section 921 (definitions) which reads:

(20) The term "crime punishable by imprisonment for a term
exceeding one year" does not include -
(A) any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices, or
(B) any State offense classified by the laws of the State as a
misdemeanor and punishable by a term of imprisonment of two years
or less.

Link: http://uscode.house.gov/download/pls/18C44.txt

Am I reading this right? IF the max sentence for the crime of theft under $300 (in 1991) was 2 years or less, he could correctly answer "NO" to question 11C?

What we need to do next is determine if the actual charge was classified as a misdemeanor in 1991, and what the maximum sentence could have been.

We will do more research, but on a Sunday afternoon PAFOA is one of the only resources available.

[t1066]

Am I reading this right? IF the max sentence for the crime of theft under $300 (in 1991) was 2 years or less, he could correctly answer "NO" to question 11C?

What we need to do next is determine if the actual charge was classified as a misdemeanor in 1991, and what the maximum sentence could have been.

We will do more research, but on a Sunday afternoon PAFOA is one of the only resources available.

Once you've found out what the actual offense he plead guilty to, and if the maximum possible sentence is 2 years or less, and it is classified as a misdemeanor, then he could answer "no" truthfully.