I know this has been bantered around before but I couldn't find an old thread that spelled this out specifically.
My son was charged and convicted of a felony that carried a potential sentence of over a year when he was 18.
When he was convicted, his sentence laid out that if he did A, B and C, the conviction would be modified to a Class A Misdemeanor which carries potential jail time of up to one year. This modification was completed in court earlier this year and his record shows that he was convicted of a Class A Misdemeanor rather than a Felony.
As we all know, when you purchase a firearm from a LGS, you have to complete ATF form 4473. Of particular concern is box 11c which asks "Have you ever been convicted of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, ..." It then has Instructions that are found a few pages down which indicate that a person is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or…..”
So, my question is whether the modification he received meets the standard of being “pardoned, the conviction has been expunged or set aside”? I realize that ATF form 4473 is a national form and may not match up with the exact language on a state by state basis. His attorney says he good to go and that he can lawfully possess and purchase but I'm not yet 100% convinced.
I appreciate your response - especially if you are an attorney that practices law in Indiana, has a background in this area and doesn't mind giving free non-binding advice.
My son was charged and convicted of a felony that carried a potential sentence of over a year when he was 18.
When he was convicted, his sentence laid out that if he did A, B and C, the conviction would be modified to a Class A Misdemeanor which carries potential jail time of up to one year. This modification was completed in court earlier this year and his record shows that he was convicted of a Class A Misdemeanor rather than a Felony.
As we all know, when you purchase a firearm from a LGS, you have to complete ATF form 4473. Of particular concern is box 11c which asks "Have you ever been convicted of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, ..." It then has Instructions that are found a few pages down which indicate that a person is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or…..”
So, my question is whether the modification he received meets the standard of being “pardoned, the conviction has been expunged or set aside”? I realize that ATF form 4473 is a national form and may not match up with the exact language on a state by state basis. His attorney says he good to go and that he can lawfully possess and purchase but I'm not yet 100% convinced.
I appreciate your response - especially if you are an attorney that practices law in Indiana, has a background in this area and doesn't mind giving free non-binding advice.