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Thread: First Time Buying a Gun but Have Juvenile Record

  1. #1
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    Default First Time Buying a Gun but Have Juvenile Record

    Hi Everyone,

    I'm new to this forum and this will be my first time buying firearm. To start off, I am looking at Marlin 22 Cal. semi rifle. I'm not sure if its a good starter gun for bird hunting but the dealer at GunRunner said he'll give it to me for $150 though the price tag says $179. I am also planning on getting a silver/black (I believe it was something like a ruger, not sure) 9mm handgun. Its comes with a case and two 10 round clips, with an addition 25 round long clip and a trigger lock. the price tag on the 9mm handgun and two 10 round clip is $379, but he said he'll do $350 for it.

    So the total price was $500 for the rifle and handgun plus an addition $35 for the 25 round clip. I saved $58 dollar. Was it a good Deal? The Guy seems like a really nice and knowledgeable guy.

    Well, to the point. I am now 22 years old. When I was 14, I was pressured into a burglary with some other guys and were caught. I was convicted with a felony for attempted burglary and burglary tools. Yeah, I know, stupid me and I do deeply regret it and will continue to do so. I was sentenced to 1 year in probation minus time served and 3 months of ankle monitor. So yes, all that totaled 1 year.

    In this case, will I be able to purchase these firearms? I've already completed the paper work with the dealer, but it was delayed. I've put in a $200 deposit though. Also I remember reading the paper work stating to check "yes" or "no" if I have been convicted of a felony for which the judge has sentenced me to MORE than 1 year. So then I checked "no" because my sentence was exactly 1 year.

    Again, will I be able to purchase these firearms or do I need to have my juvenile records "SEALED","EXPUNGED"? From what I've heard, the records are suppose to be automatically sealed once I've turned 18 or 21. Not Sure.

    Does anyone have any useful information that I can use?

    Thanks in Advance

  2. #2
    Member 6XLeech's Avatar
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    Default Check this thread maybe...

    http://forums.outdoorsdirectory.com/...ad.php?t=44369

    FWIW, I would be inclined to confirm with authorities.
    Good luck.

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    Member tccak71's Avatar
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    Delayed is better than denied!

    I think you'll be good to go.

    Tim

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    I agree with Tim, I think you'll be ok.. Juvenile convictions are almost always cleared from the record after age 21 if no other mischief.

    The FBI has three business days to give a deny or proceed. Delay means they found something. If you are denied, you'll get your deposit back.

    I'm not sure what answer is correct here since it was at age 14. I think it is not a felony conviction.

    { Also I remember reading the paper work stating to check "yes" or "no" if I have been convicted of a felony for which the judge has sentenced me to MORE than 1 year. So then I checked "no" because my sentence was exactly 1 year"}

    I think it reads have you ever been convicted of a felony in which you could have received more than a year.

    Normally a felony of any level is a yes here, any felony could receive more than a year, even if the judge sends you home. A conviction means you could get more than a year. Also Juvenile convictions are conditional and tossed out if you keep your nose clean. Also called SIS, which is not a conviction. Good luck with this and stay out of trouble. Also, I think your Marlin is a good 22.
    Is there nothing so sacred on this earth that you aren't willing to kill or die for?



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    Member Float Pilot's Avatar
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    There are a lot of variables here.
    If the case was in Juvenile Court or if the defendant was waived into adult court due to the circumstances of the offense.

    Wheather it was a conviction of sentence or a suspended imposition of sentence (SIS).

    Basically misdemeanor offenses have a maximum sentence of one year. Felonies beyond that.
    However, that actual time served or the sentencing being less than one year, does not suddenly make the offense less than a felony.
    Some states refer to certain crimes as felonies, while Alaska does not.

    For example:
    That said: Possession of Burglary Tools (AS 11.46.315. Possession of Burglary Tools.) is a class A misdemeanor offense in ALASKA.


    The question on FORM 4473 that is concerned here says:

    c. Have you 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 Important Notice 6, Exception 1





    EXCEPTION 1: 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 where the conviction occurred, the person has been pardoned, the conviction


    has been expunged or set aside, or the person has had civil rights (the right to


    vote, sit on a jury, and hold public office) restored AND (2) the person is not


    prohibited by the law where the conviction occurred from receiving or possessing


    firearms. Persons subject to this exception should answer “no” to 12c or 12i, as


    applicable. A person who has been convicted of a misdemeanor crime of domestic


    violence also is not covered by the prohibition unless: (1) the person was


    represented by a lawyer or gave up the right to a lawyer; and (2) if the person

    was entitled to a jury, was tried by a jury or gave up the right to a jury trial. Persons
    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


    prohibited from purchasing, receiving, or possessing a firearm if: (1) under
    under the law where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2) the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer “no” to 12c or 12i, as applicable. A person who has been convicted of a misdemeanor crime of domestic violence also is not covered by the prohibition unless: (1) the person was represented by a lawyer or gave up the right to a lawyer; and (2) if the person was entitled to a jury, was tried by a jury or gave up the right to a jury trial.


    Floatplane,Tailwheel and Firearms Instructor- Dragonfly Aero
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    Thanks, Float Pilot. Good expalnation, crystal clear. Expunged? SIS (in lieu of probation/community service, etc) should be OK but I guess if he's proceed we'll know.

    I was close on the 4473 question.

    The new form now has boxes to check, less chance of writers cramps.
    Is there nothing so sacred on this earth that you aren't willing to kill or die for?



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    Member Float Pilot's Avatar
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    They whole thing gets confusing and changes from time to time with the whims of politicians with GED educations. There are various categories of supervision.
    Unsupervised probation: Generally for misdemeanors. The judge has ALL or PART of a sentence hanging over your head. Just don't commit new offenses.

    Supervised Probation: Usually for felony offenses. The judge has all or part of a sentence hanging over your head. Usually supervised by a PO with various conditions aggreed to at sentencing or at the SIS hearing.

    Mandatory Parole: For felony offenses. This is the good time (one third) off of the portion of the sentence that was being served. Often runs concurrent with probation unless the judge orders otherwise (these days due to prison overcrowding and liberal Judges. The conditions for Parole are set by the Parole Board. Joe gets 6 years with 3 to serve. So he only serves 2 years and is released on supervision. He might have 5 years of supervision with the parole time and the suspended sentence still hanging over his head.

    Discretionary parole: Early release by the parole board at a date prior to mandatory parole release. Same deal as above but usually with more strict conditions.

    In Alaska, attempted offenses are usually one degree less than the actual offense. So depending on the circumstances, an atempted burglary by a bunch of young bone-heads could end up ain the misdemeanor category.
    The feds might see it that way as well. That would explain the delay buty not an instant rejection.
    Residential Burglary being a B felony (enters and remains withina dwelling with the intent to commit a crime.) and Burglary in the second degree (none dwelling) being a C felony (the lowest felony)

    Clear as mud.

    Should this thing still be hanging on this guys record, Wayne Anthony Ross used to love taking up cases regarding the denial of firearms. I do not know if he is still practicing law or not.
    Floatplane,Tailwheel and Firearms Instructor- Dragonfly Aero
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    Thank You guys for all of your responses. They are all very helpful, and so, we'll see what happens on January 7th of this new year. The Dealer stated that it usually take 3 business days to respond to the delay, but since it was New Years Eve that day, I will not receive an answer until the 7th. If all else goes wrong and I get denied, I guess I'll just have to go to court and try to have it expunged though I thought it was already supposed to be automatically sealed.

    Also, f I do go to court, will I have to go to court in the State in which I was convicted. The conviction was received about 8 years ago in California. I have kept my head clear since then and will never do something so stupid again.

    Again, thanks for all of your responses.

  9. #9

    Default request

    You actually have to have the records shut by request, they do not automatically get expunged when you turn 18. Like what the other guys are saying usually if you have a past record that has not been sealed it will come up as a delay.

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    If it was me I would send a letter to the court that it all took place in and ask if it is sealed or not. And ask how you would go about getting it sealed. Since its California I would not say word one about guns! I would focus on how it will look to future employers and how you don’t want this hanging over your head for the rest of your life. Be very nice to them, tell them how they turned you around and you are a better man for it in the end. (I think it’s the truth from what I see in your posts here!) Say thanks for their good work and so on. . . as you ask for their help in this matter. Remember, you will always catch more flys with honey. Don’t lie but don’t bring up guns if they don’t. If they do ask about guns tell the truth, guns are a needed outdoor tool in Alaska where you live now. Stick with it as it will be a problem at a job you will want some day I would bet.

    Andy

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    Hi,

    Thanks to everyone who gave a response. All of your responses were very helpful and indeed, today (the 7th of Jan.) I did receive my first firearms.

    Below are the pictures of my guns. These are my first, so they are not going to be the best of firearms, but I will definitely upgrade once I find a favorite.

    (sorry) link not working but I'll get it up ASAP

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    Member markopolo50's Avatar
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    Default First gun

    Quote Originally Posted by Lee04 View Post
    Hi,

    Thanks to everyone who gave a response. All of your responses were very helpful and indeed, today (the 7th of Jan.) I did receive my first firearms.

    Below are the pictures of my guns. These are my first, so they are not going to be the best of firearms, but I will definitely upgrade once I find a favorite.

    (sorry) link not working but I'll get it up ASAP
    Lee04, glad you got your gun. We all make mistakes and the self inflicted are usually the ones that you remember. I have my first gun, a Winchester model 190. I was pretty proud to buy it myself, paid $38 for it. Keep up the good work, Mark

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    Here are the pictures::

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    Cool, glad it worked out...
    Floatplane,Tailwheel and Firearms Instructor- Dragonfly Aero
    Experimental Hand-Loader, NRA Life Member
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    Member akhunter3's Avatar
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    Awesome! Glad it worked out well for ya'. You'll enjoy the guns, both should be good shooting and reliable.


    Jon
    Nurse by night, Alaska adventurer by day!

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    Nice buys! A Marlin model 60 and a Ruger P series pistol (is that a P944 .40 cal?) are excellent firearms. A Marlin60 was my first firearm purchase ever, and a Ruger KP944 was my first semi-auto pistol. Although if I may offer a suggestion, stay away from Fiocchi ammo, it is the ONLY type of ammo that has ever jammed in my Ruger, everything else I have ever tried worked flawlessly. (at least 600-700 rounds without a hiccup, after I threw away the fiocchi crap)

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    Quote Originally Posted by Lee04 View Post
    Below are the pictures of my guns. These are my first, so they are not going to be the best of firearms, but I will definitely upgrade once I find a favorite.
    Hey! dont knock the Model 60 ... ive had mine going on 30 years now, (and im only 36) and i STILL love it, STILL use it, and it is STILL very accurate. My friend of 36 years, has one also, he too has had it for about 30 years and he is still using his as well.
    Take care of it and you will have it for a LONG time.
    Josh
    Back in Afghanistan, I hope for the last time.

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    Default like the model 60 .22 lr

    I like my marlin 22 too. I'm no expert gun guy but one thing I try to do is strip down the action and clean out all the fouling in it. i've found it starts to jam after 500 plus rounds from the accumulation of junk in there. i shoot the federal premium copper plated rounds from walmart. I put an old tasco 3-9x on mine and it is fun to plink with. glad you got your guns--remember we got our freedom from the cartridge box!!! good shooting!!

    rosscoak

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    Default Nice hardware

    Nice gear, congratulations.

    I don't see hearing protectoction, eye protection or cleaning kit, not to mention a set of tools for maintenence and an NRA membership card. (hint)

    Good shooting.

  20. #20
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    Love the Marlin model 60 22! Dang good little gun, have had a bunch over the years and still have one. Like that shotgun add "3 things: boom, boom and boom" the little model 60s go, pop, with every pull. The only thing I like better about the 10-22 is the clip, if the Marlin had clip feed option and not just the tube feed it would be my first choice of 22s.

    Andy

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