Expert: n/a - 10/20/2008

Question
QUESTION: I see you have stated in your answers to questions here that juvenile felony convictions don't make you a prohibited person under federal law. I looked at the Gun Control Act and the regulations, and I don't see any exception in there for juvenile convictions. Can you please identify the part of the US Code or the CFR, or any federal case, that says that juvenile convictions don't make somebody a prohibited person? Thank you.

ANSWER: I don't think you even tried to help yourself but you can criticize someone else help. If you read the federal law 18. U.S.C 921 a 20 it clearly states that any conviction that has been expunged, pardoned, set aside or the individual had their rights restored would not be considered a conviction. An expungement is the sealing of records all Juvenile records are sealed. Sorry, I thought you would be smart enough to understand what the word sealed means. I know Police Officers with Juvenile convictions it's a crime committed before your 18th birthday as long as you were not tried as an adult.  If you have a Juvenile conviction go buy a weapon get turned down by the NICS check and appeal it wait for BATFE to clear you (And they will you just have to go through the motions because you don't have a CCW thats how it is get mad at the Gov't not me).  Or go get a CCW Permit first go purchase a weapon and go home with it the same day.

---------- FOLLOW-UP ----------

QUESTION: You are drawing a conclusion not supported by the law. Show me any authoritative source, including any federal court opinion, that reaches the same conclusion you have, that is, that a juvenile conviction that is sealed is the same as an expunged, pardoned, or set aside conviction. I'll wait for you to get back to me on that.

You also say very broadly that "juvenile records are sealed." Oh really? In all 50 states, every juvenile record is sealed? What's your source for that one? My research shows that that is hardly universal and varies quite a bit from state to state, case to case, and even court to court (for example, whether a minor is tried in superior or family court, and the ultimate disposition of the case).
The actual difference may be that juvenile convictions in family court are not felonies for federal purposes when they are tried as juvenile delinquent offenses, and NOT as felonies. But that is not what people have been asking you. Where a juvenile is tried and convicted of a felony, there is nothing in federal law giving that juvenile any special treatment. He or she is a prohibited person, period. If they he was not tried as an adult, then there was no felony conviction.

The advice you're giving out is just plain reckless. Of course, if you can provide some support for your legal conclusions (you're not a lawyer, right?), then I'll certainly apologize to you. Until then, the ball is in your court to actually support your legal conclusions. Good luck to you with that.

Answer
Let's get this straight first, if a conviction is called a Juvenile conviction thats what it is not a Juvenile that was tried as an adult.  That would not be considered under the Youthful Offender although the person may have been under 18 years old.  Here is an actual case.  A  young man was convicted as a Juvenile he decided he wanted to purchase a weapon since he was never convicted as an adult.  He was turned down by the state NICS check. He then appealed to ATF and was given the right to purchase firearms because he was not convicted as an adult.  He later was told that he would fail the NICS check everytime unless he got a gun permit he did and had no problem with the check afterwards.  Some states say 10 years must pass after your 18th birthday before a Youthful Offender can purchase a firearm.  According to Federal Law a youthful Offender is NOT banned from firearms. That would be a Juvenile not convicted as an adult.  If you want clearance of this call ATF they will speak to you thats where I find out most of my information. You must call your local office.