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Posted: 3/20/2015 9:27:26 AM EDT
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Good Morning fellas,
I have a general question regarding the ability to purchase NFA items.... So, on the back of the 4473 ATF defines "prohibited persons." There are exceptions to this and the main one I'm interested in is the portion that says "this does not include State misdemeanors of two years or less." Now seeing as this makes it possible for these types of people to purchase non-NFA firearms, I do not see that exception on the Form 1/4. The only question being "Have you ever been convicted in any court of a crime for which the judge could have imprisoned your for more than one year,..." On these forms they have the definition, however, they do not have the same exception on the back of the form that outlines the definitions. Has anyone ever dealt with this issue before? I have seen a few other threads stating that if you are otherwise allowed to purchase and own non-NFA firearms, then you are cleared to purchase NFA firearms, however I think the wording here says otherwise. Thanks in advance for your thoughts. |
| I'm not an attorney, but the majority of misdomeanors carry a maximum sentence of 1 year or less. There are exceptions though and some carry longer maximum sentences. I would think that you should look up the statute for the infraction in question and then ask an attorney just to be sure. |
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Quoted:
I'm not an attorney, but the majority of misdomeanors carry a maximum sentence of 1 year or less. There are exceptions though and some carry longer maximum sentences. I would think that you should look up the statute for the infraction in question and then ask an attorney just to be sure. For all intents and purposes let assume the misdemeanor carried a sentence up to two years. The amount that 4473 says is an exception as a prohibited person. |
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Quoted:
For all intents and purposes let assume the misdemeanor carried a sentence up to two years. The amount that 4473 says is an exception as a prohibited person. Quoted:
Quoted:
I'm not an attorney, but the majority of misdomeanors carry a maximum sentence of 1 year or less. There are exceptions though and some carry longer maximum sentences. I would think that you should look up the statute for the infraction in question and then ask an attorney just to be sure. For all intents and purposes let assume the misdemeanor carried a sentence up to two years. The amount that 4473 says is an exception as a prohibited person. Like I said, I'm not an attorney and can not give legal advice. That being said, it sounds like the infraction may not be exempt. I'd highly recommend asking your attorney. You could also call the BATFE and ask. Just because everyone on the Internet says the requirements are the same, it's not neccessarily 100% correct. Could be 99% and your situation is in the other 1%. |
| I've never seen this specific issue come up, but it has always been my understanding that if you are allowed to purchase firearms than you are able to purchase nfa. the only exception I am aware of is that you have to be 21+ to purchase from a class3 dealer. If it were me I'd submit a form1, fill out the form answering truthfully, and see where it goes. Or call BATFE and see if you can get an answer directly from them. |
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