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March 25th, 2018, 11:10 PM #1Junior Member
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Mechanicsburg,
Pennsylvania
(Cumberland County) - Posts
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Question on 4473 and question 11c, am I prohibited?
I know these kinds of posts come up a lot, but I'm having some trouble finding any good answers to my situation. Basically, when I was younger, I got into some dumb trouble which lead to me getting into an incident that ended with a summary offense of harassment and a third degree misdemeanor of cyber harassment of a child expunged. I was around 15 at the time, but I'm not sure what I should be putting down for 11c, or if I'm prohibited from ever owning firearms, because the cyber harassment misdemeanor had a max punishment of one year incarceration.
Any advice?
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March 25th, 2018, 11:11 PM #2
Re: Question on 4473 and question 11c, am I prohibited?
Lawyer time.
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March 25th, 2018, 11:15 PM #3
Re: Question on 4473 and question 11c, am I prohibited?
Rules are written in the stone,
Break the rules and you get no bones,
all you get is ridicule, laughter,
and a trip to the house of pain.
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March 25th, 2018, 11:19 PM #4
Re: Question on 4473 and question 11c, am I prohibited?
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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March 26th, 2018, 12:15 AM #5Grand Member
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South East of disorder
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Re: Question on 4473 and question 11c, am I prohibited?
See post #4 and PM him to set up an appointment.
Aggies Coach Really ??? Take off the tin foil bro.
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March 26th, 2018, 01:46 AM #6
Re: Question on 4473 and question 11c, am I prohibited?
Have you read the instructions for the question on the 4473? Read the whole thing, not just the emphasized.
11.c
Have you ever been convicted in any court of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? (See Instructions for Question 11.c.)
Generally, 18 U.S.C. 922(g) prohibits the shipment,
transportation, receipt, or possession in or affecting interstate commerce of a firearm
by one who: has been convicted of a felony in any Federal, State or local court, 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 a fugitive from justice; is an unlawful user of, or addicted to, marijuana or any
depressant, stimulant, or narcotic drug, or any other controlled substance; has been
adjudicated as a mental defective or has been committed to a mental institution; has
been discharged from the Armed Forces under dishonorable conditions; is subject to
certain restraining orders; convicted of a misdemeanor crime of domestic violence
under Federal, State or Tribal law; has renounced his/her U.S. citizenship; is an alien
illegally in the United States or an alien admitted to the United States under a
nonimmigrant visa. Furthermore, section 922(n) prohibits the shipment,
transportation, or receipt in or affecting interstate commerce of a firearm by one who
is under indictment or information for a felony in any Federal, State or local court, or
any other crime, punishable by imprisonment for a term exceeding one year. An
information is a formal accusation of a crime verified by a prosecutor.
A member of the Armed Forces must answer "yes" to 11.b. or 11.c. if charged with an
offense that was either referred to a General Court Martial, or at which the member
was convicted. Discharged "under dishonorable conditions" means separation from
the Armed Forces resulting from a dishonorable discharge or dismissal adjudged by a
General Court-Martial. That term does not include any other discharge or separation
from the Armed Forces.
EXCEPTION
:
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 of the jurisdiction
where the conviction occurred, the person has been pardoned, the conviction has been
expunged or set aside, or the person has had their civil rights
(the right to vote, sit on
a jury, and hold public office)
taken away and later restored, AND (2) the person is
not prohibited by the law of the jurisdiction where the conviction occurred from
receiving or possessing firearms. Persons subject to this exception, or who receive
relief from disabilities under 18 U.S.C. 925(c), should answer "no" to the applicable
question.Last edited by coppery; March 26th, 2018 at 01:53 AM.
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March 26th, 2018, 06:34 PM #7Grand Member
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DeepInTheWoods,
Pennsylvania
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March 26th, 2018, 07:39 PM #8
Re: Question on 4473 and question 11c, am I prohibited?
Attorney Phil Kline, AKA gunlawyer001@gmail.com
Ce sac n'est pas un jouet.
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