Form 4473 for firearm purchase


kn1080

New member
Good evening everyone. I got a phone call this morning from one of my NRA Basic Pistol students who had a question that I could just not even begin to answer. I figured Id call the NRA-ILA on monday but, in the meantime id put it out here to the comittee for consideration. The question is this:

"I want to purchase a gun at a local gun store here in Rhode Island. The yellow application asks if I've ever been convicted of crime of violence. Do I need to answer yes If I was convicted of a violent crime as a minor and the record is now sealed"?
 

I wouldn't even call the ILA...I'd call your State Attorney General's office. I have done so for similar reasons here in Indiana, and have always been treated respectfully, and have never been asked for names, or other ID information. If your student will pose the question to the Atty Gen by email, the response can be printed for future use.

IANAL.... just my two cents
 
Thanks alot Marine, the only reason I was thinking NRA instead of the AG is that it is a federal form. I should just tell the guy who to call, but I really want to know the answer for future classes.
 
If it were me I'd advise them that they can never get a gun. We don't want violent former criminals getting guns. They didn't say it was set aside. They said it was sealed. For all you know they killed someone. Let them do all the legwork.
 
I just pulled up a fillable version of the 4473 off of the internet. The question is actually not specific to that of a violent crime but to that of any felony where the judge could have imprisoned the person for more than one year.
 
If it were me I'd advise them that they can never get a gun. We don't want violent former criminals getting guns. They didn't say it was set aside. They said it was sealed. For all you know they killed someone. Let them do all the legwork.

Are you for real? Sure he could be a murderer. He could also have gotten into a schoolyard fight and broke some little pansy's nose.

So, am I to understand you in that if someone has ever done anything violent they should not own a firearm? Well, if that is the case then pretty much everyone is screwed.
 
Are you for real? Sure he could be a murderer. He could also have gotten into a schoolyard fight and broke some little pansy's nose.

So, am I to understand you in that if someone has ever done anything violent they should not own a firearm? Well, if that is the case then pretty much everyone is screwed.

No, I just want them to work for it. Make him do all the phonecalls and finding out whom to contact.
 
I don't even see that question on the 4473.

There is question regarding "domestic violence" but not just "violence"

I'm confused. Where is he getting this question from ?
 
Well as a seller of firearms, If you read the form a little further it says that if you answer yes to anyone of the questions except for number1 (are you the actual buyer of the firearm) then the FFl dealer can not even call it in to the nics operation.
The question is in regards to things that are still on your record and you are not being truthfull not for things that might have been defered or are sealed in a juvinile record.
 
If it were me I'd advise them that they can never get a gun. We don't want violent former criminals getting guns. They didn't say it was set aside. They said it was sealed. For all you know they killed someone. Let them do all the legwork.

That is correct. Unfortunately, some crimes put people in jail in one state but not another. A voilent crime committed by a minor may be sealed. Does not mean not convicted, nor does it tell you if they were 7 or 17.
 
He should be just fine to answer NO to the question concerning a misdemeanor offense of domestic violence. The definition of that is contained in 18 USC 921 and if the offense occured as a minor and is sealed it 99% chance does not meet the definition of 18 USC 921:
US CODE: Title 18,921. Definitions

(33)

(A) Except as provided in subparagraph (C),[2] the term “misdemeanor crime of domestic violence” means an offense that—

(i) is a misdemeanor under Federal, State, or Tribal [3] law; and

(ii) has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

(B)

(i) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless—

(I) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and

(II) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either

(aa) the case was tried by a jury, or

(bb) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise.

(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
 
The most that could happen if he answers NO on the 4473 and gets "popped" by NICS is that he MIGHT be asked about it and he can say he did not think his incident fulfilled the definition given in 18 USC 921 and then contact a lawyer to figure out why he did get popped by NICS.
 

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