Expert: Dean Speir - 2/3/2008

Question
i have recently undergone the process to have a twelve year old felony which is a wobbler reduced to a misdemeanor and expunged. At this point will I be able to go to a gun store to own a firearm? If not what if any options do I have?


P.S  I will not ever break the law again and want to do everything buy the book.
                       Thanks for your time....

Answer
Hi, Joe…

Glad you are determined to go "the right way."

I'm a little unclear on what you mean by a "wobbler," the best thing for you to do at this point is consult with an attorney in your state who is knowledgable in this area of the law, and find out what your status is in this respect.

A felony is a felony is a felony… unless a court of competent jurisdication determines that it isn't. Is that what happened in your case?

This is important to find out because if you go to a gun store and fill out the Form 4473 improperly, you will denied on the spot by the dealer.

And if you lie on the Form 4473 and the NICS Operations Center picks it up… and in this "computer age of information" they almost certainly will… you will not only be "Denied," but you will be guilty of another felong, that of perjury.

Don't take any (more) chances. Get thee to an attorney forthwith and with a good right will!


G'luck to you….