Expert: n/a - 2/12/2009

Question
QUESTION: I was denied a permit to purchase a handgun supprisingly I have three felony convictions as a juvenile for forgery breaking and entering and joyriding. I was 13 at the time in 1993. I have never been in any trouble since and have purchased longguns in the past and am an avid hunter which I enjoy with my wife and boys.Sheriffs dept clerk  was baffled on how i could have slipped through the cracks. I did purchase all my guns retail "legit" so I suspected. I never understood what rights I lost at my young age and would like to be able to have them restored.I consider myself a law abiding citizen and Iam removing the firearms from my possesion so not to be further penalized. Any info helpful Iam from Michigan. Handgun would have been for personal home protection you'd think I would be able to protect my family and the state if need be but I guess not though I do vote and i have served on jury duty twice.

ANSWER: If you was tried and convicted as a Youthful Offender your records should be sealed. You should not be restricted from firearms.  If you was tried as an adult you must apply and receive full restoration of rights for all adult felony convictions from either the Governer or whoever handles restoration of rights in your state.  First you need to find out if you was tried as an adult on all 3 felonies or not.  

Good Luck

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

QUESTION: First of all thank you for taking the time to help answer my question. Yesterday I went to the family court to retrieve my juvenile record and they stated that they are not felony charges but are juvenile adjudications. Also that they are expunged "gone" "sealed" at the age of thirty. I contacted the batf and they also told me that if they are juvenile charges that they are not felonys but told me to check with the court that I was charged in this was a civil case and not a criminal case is what I was told by the family court. They were also unable to give me any answers. Let me state exactly how all this became. Went to obtain permit to purchase was denied because of juvenile adjudifications which clerk also thought was questionable,after she asked me if I had purchased any longguns before and then stated that I need to check the box as a convicted felon wich I was unaware I was.She contacted prosecuting attorney and he stated if it was just one juvenile adjudification that as if as an adult would be classified as a felony  that it would be expungable but not three. Federal law seems to state violent felonys and certain misdermeanors but not as if that is the case with juveniles at all unless they were charged as an adult and my charges were not violent.

ANSWER: I knew they had to be sealed because you were not tried as an adult. You just needed to appeal the NICS check and BATFE would have change the decision once they checked your records. I have heard of so many people that this has happened to.  Local law enforcement does not know the laws they only enforce the obvious laws.  

Good Luck

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

QUESTION: So further investigation seems to reveal that even though they are expunged at thirty "wich Iam still a year away from" that the state or the feds still can keep me banned from arms and still has access to these records as for licensing purposes and that possibly two of these crimes are cosidered violent.This was a shed I took the motorcycle from and I left it in a ditch in front of the house because I chickened out. This was definetly not violent in my opinion I would consider dui more of a violent crime.All in all pretty confused on how contradicting the laws are. Local prosecuter states that if it was one juvenile ajudication I could be restored my rights but not three. State trooper stated same thing unless all were charges from the same occurence not sure what the forgery was I think a savings bond in my name but I signed my dads name. Larceny over 100 dollars was either a bottle of cologne or the motorcycle Iam really not sure long time ago 1993. I definetly was a juvenile delinguit but after all of this I turned my life around, and I'am shocked that this is really happening and really haunted how a juvenile offender could pay or be repromanded for the rest of his life. Our constitution and bill of rights is infringed upon notrosiously, our system is imprisoning way to many people and our states are not recognizing true laws. I have a call into a prosecuter who serves on the gun board and have not heard back. I do appreciate all people I've contacted for trying to awnser my questions, but the scary thing is the family court was unable to tell me why my rights to bear arms would be infinged upon for juvenile ajudications do they not know the charges etc. will affect rights,government employment,and state licensing requirements.I also think that the reason I have purchased long guns in the past and cleared the background check is that nics doesnt have me flagged but the state does have me flagged. Iam hoping that atleast it is appealable, any more info would be great. Thanks for your help and when I hear something I will let you know. If you have any advice Iam open for any but I dont think a pardon is acheivable from the governor and think it is unlikely that she would even look into it. Hopefully this is all a miss interpretation and that Iam not and my children and my wife are not going to be as secure as could be without the assurance of the ability to protect your life and home wich I beleive every american has this right no matter what.

Answer
You should go online to Virginia State Police website and download an application for non-resident firearm permit.  Read the questions they ask about convictions.  I think you qualify for a VA non-resident permit.  I believe your state is the one restricting you from firearms.  If the feds are not flagging you then you are cleared.  Each state has it's own gun restriction laws.  Virginia is a shall issue state if you are cleared they will issue you a firearm permit.

Good Luck