Should I even try with a open-end misdeamor/felony

I got a paraphernalia charge when I was 18. Rather than ruin my life over a weed pipe the Judge left it like that. I have top clearance at a Tribal Casino and hold a CCW but I know(and he explained it to me) that .gov types look at it as a felony and most anyone else views it as misdemeanor. I looked into joining the service about a year and a half ago and the recruiter(a friend of mine) said he could not get me a waiver due to the high influx of college kids looking for something to do so the M/F was viewed as a felony in their eyes. Should I not clog the system with my paper work or do you guys think I have a chance at a suppressor? Thanks for any thought or info. Be gentle.

If you can purchase and own other firearms, I don't see why they would decline it.

The only question on the Form 4 that may apply to you is:

Don't know about AZ, but in FL paraphernalia is a misdemeanor. Were you convicted? Was adjudication withheld? Did you do some kind of PTI?

If you have a CCW permit I don't see how you could have a felony conviction.

Were you convicted?

How long could you have gone to jail for?

If you were not convicted, you are GTG.

Just call the NFA Branch and explain your situation and ask. You dont have to tell them who you are if your worried about that.

A casino with a TS? Hmmm...

Parnilla is a Misd. in NYS
Not a bar for a CCW unless it was real recent

I with you......i seriously doutb that he posseses a TS from the GOV..... If anything, the casino probably just called his listed references on his application and called it a top clearance. But there's no way it is a TS

If you can buy normal firearms, you should be alright. But it wouldn't hurt to call and ask.

Paraphernalia charge is about the same as a speeding ticket here. Weird.

As for your statement pertaining to the military...The Army views it as a misconduct offense (serious) which is more a long the lines of a misdemeanor. Same as a DUI but we happen to classify them as a serious offense automatically requiring a waiver although Active Duty Army stopped doing waivers for drug charges probably around the time you talked to your friend. Last time I talked to the local recruiters the Army was the only branch that wasn't allowed to run a waiver for marijuana/paraphanelia possession (that was a few weeks ago).

Thanks for all the info guys. My first step will be to call. By top clearance I mean a State Gaming License that is tranferable to other in-state casinos. Just a pretty thourgh back ground check(NIGA, DPS, FBI, Credit), much more in depth than the CCW check. Please excuse my wording of the phrase. It just allows me to go into restricted areas in the place I work(cash vault, inspectors office, etc). I have never been involved with any of the secret squirrel stuff.

Edit - Thanks for the Army info. I am to old for the Marines, to dumb for the Air Force, and I don't like boats, no offense Navy. Thanks to all who Serve.

You'll be fine. If you apply as a trust I don't think there is any background check done... I got my suppressor with a trust... Nowhere on any of the forms did I put a SS# and my name is too common to look up without it. I did have to fill out a standard 4473 when my stamp came in. As far as I know that's the only background check done (NICS).

Someone correct me if I'm wrong, but I find it hard to believe the ATF examiner was able to do any background on me without a SS#

No nics check on nfa items. Just 4473 for tranfer records

Thats not true if you do a trust or LLC, the person picking up is subject to a NICS check. If you read the NFA handbook published by the ATF it say's it in there. I understand where it says it on the 4473 but it doesn't clarify the type of transfer, so thats were the handbook clarifies that for dealers and manufactures transfer NFA weapons other than individual transfers. If its an individual transfer then that mean a background check was initiated IE fingerprints were processed by the FBI.

That is what the atf told me!!!!

Just cause the ATF told you that doesn't make it true, the ATF is known to go back and fourth on inquiries. All I'm saying is it states in the NFA handbook this info.
Heres a link, refer to 9.12.1 NFA transfer to other than an Individual, and this is 27 Code of Federal Regulations. I wasn't trying to test you knowledge I'm just informing you of this info cause your were misinformed
http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-9.pdf

how can we have minor drug offenses be such a huge issue in this country when the last 3 presidents all admitted to using drugs. So its not an issue unless you are caught by the cops. Genius...

Please keep in mind, that a trust doesn't give permission for someone to possess an otherwise illegal item from past criminal history. If someone is a felon and it is illegal for them to possess a gun, a trust does not by pass this.

Honestly I'd call your local ATF office. A friend of my dad's was charged with a felony theft back in the late 80's. In a plea deal he plead guilty and was given deferred adjudication. Now I was completly under the impression that he was SOL on purchasing firearms because of that check box already mentioned here. Well my dad contacted a local agent with ATF, and from what I remember said since Texas doesn't view deferred as a final conviction he could mark "No" on convicted of a felony box(forget proper wording) and he would be okay..

And yes, he's purchased several guns and has passed every phone in check..

Granted I'm not an attorney, but I'd say do some more checking into it before you "Accidently" lie on a government form..

I think what this boils down to is whether you are a convicted felon in your state (or any other state). In almost all states, paraphernalia is either a misdemeanor or civil; not a felony. A quick call to a local PD and they could tell you if you show a "Code F" or Felon status. If you were never charged or convicted by the feds of a felony, and you took a misdemeanor or civil conviction in your state you should be all set. Just like the other poster said, if you can buy or possess firearms you are good to go.

Here is a hypothetical, if J-walking was a felony in New Hampshire and a misdemeanor in Mass, and you were convicted of J-walking in Mass, you would be guilty of a misdemeanor and not be a convicted felon; even though in another state you would be. Same with the feds, if you were only charged with a misdemeanor at the State level, they can't "view you as a felon" if you were never convicted as such.

Just my view, internet advice is internet advice. I would call your local PD/Sheriff to confirm.

I'm in the same boat except mine, I plea first offender and supposedly, after completing sentence terms I wouldn't consider it as a conviction and have certified paperwork stating so.

My best advice to you would be do a background check on yourself. Go to your local pd HQ or sheriff and do the top of the line background check and you'll see it on there. It should tell you the deposition which means the outcome of the case.

Thanks Guys. I would not be able to work at a Tribal casino if I had a felony so I guess I'm GTG. As a matter of fact they will/have provided me with their results in the past for other things so I have any info the .gov folks may want. The Gent who posted the Army info sounds right on track on that part.

In AZ possession of drug paraphernalia is almost always charged as a felony. Same with any usable amount of an illegal drug. Largely Mormon legislature.

If it is still open you are not convicted. However an open felony charge is enough for a denial.

Thank you. I still haven't took the plunge. I did have it expunged some time ago. I did no time for it other than a brief holding period until my Dad ripped me out of the cell(Retired LEO, He knew I was busted before I did!) and paid some fines. Sometimes I have a delay on gun purchases and sometimes I don't( I let my permit lapse).

If it's truly been expunged, then you should be ok.

I've transferred guns to former felons who have had their records expunged. As far as NICS and ATF background checks are concerned, something that's been expunged no longer counts as a conviction.

I guess truly counts. I submitted the paperwork and all and got the letter back from DPS. That was some years back. If anyone knows about Tribal jobs they know about the rubber glove approach the Tribe/Feds take to make sure you are okay to take peoples money. So... M&P with a KKM threaded...suggestions....or wrong thread for that question?

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