Purchasing first handgun (Background check question)

[egooozum]

Hi Everyone,

First off, I'm excited to be (hopefully) a new handgun owner and I'm glad that a resource such as this forum exists for a newbie like myself. In about two weeks, I'm about to pay off the rest of the amount on a brand new Gen. 3 Glock 17 FDE, but what this post is in regards to is the background check that I'll have to go through in order to legally purchase the handgun.

I want to preface this by saying that I am a totally different person from who I was when I commited the crime that I am about to tell you about, and that this in no way reflects who I am today.. to put it simply, I've learned my lesson. But I digress, so let me get back to my question.

About 5 years ago I was working a retail job, and out of the sheer knowledge of knowing that I could do it, I began taking money from the store. Eventually, I was caught, and was charged with embezzlement >= $200. Between the time I was arrested and up until my court date, I did all the necessary probationary appointments, and I even saved up the money to repay the amount I had stolen. On my actual court date the judge amended my charge to embezzlement <$200 because I had followed up with everything (probation wise) and offered to repay the amount I had stolen which the plaintiff accepted.

I guess what I'm nervous about is that on the day I go to pay off the rest of the gun and have to do the background check, that I'll be denied the purchase. Will that amended charge affect my eligibility to buy the gun? What was originally a felony charge was dropped to a misdemeanor.

I don't expect anyone here to be a lawyer or to know the answer to my question, but I hope anybody whose had a similar situation as mine can provide any insight as to what they went through when trying to buy a gun. Sorry for the long-winded post, and thanks!

[ShotgunBlast]

People get charged for all kinds of things, but I would only think it's what you get convicted of that matters.

[OakRidgeStars]

The most important thing is that you answer every question truthfully. I don't believe that you will have a problem as long as you don't lie on the background check.

[allingeneral]

Agree that it's not the charge that matters, but the conviction. So, if you were convicted of a misdemeanor, and that's the only conviction on your record, then I don't imagine there should be a problem.

[MarcSpaz]

Agree that it's not the charge that matters, but the conviction. So, if you were convicted of a misdemeanor, and that's the only conviction on your record, then I don't imagine there should be a problem.

I agree as well. It helps that it was not a violent crime too. I have a misdemeanor on my record. I have purchased new guns, have a current CHP, and have a DOD clearance. Just be honest and as complete as possible and you should be fine.

[jdonovan]

Just be honest and as complete as possible and you should be fine.

+1

Also don't tell the dealer any more than the forms ask for... you start telling your life story to the dealer and they may become less confident that he can sell to you and may decline to complete the transaction.

The relevant questions on the federal form:

Code: Select all

Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?

My understanding is the case is now complete, and no indictment are pending? If so, then you get to say no to this.

Code: Select all

Have you been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

I don't know the statute you were charged with, so I can't guess if the POSSIBLE sentence may have been more than 1 year. I would suspect a less than $200 theft would not be a more than 1 year crime, but I do not know for sure.

[egooozum]

Just be honest and as complete as possible and you should be fine.

+1

Also don't tell the dealer any more than the forms ask for... you start telling your life story to the dealer and they may become less confident that he can sell to you and may decline to complete the transaction.

The relevant questions on the federal form:

Code: Select all

Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?

My understanding is the case is now complete, and no indictment are pending? If so, then you get to say no to this.

Code: Select all

Have you been convicted in any court of a felony, or any other crime, for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

I don't know the statute you were charged with, so I can't guess if the POSSIBLE sentence may have been more than 1 year. I would suspect a less than $200 theft would not be a more than 1 year crime, but I do not know for sure.

1) Yes, the case was completed 5 years ago.

2) I've read on various sites regarding VA law that the maximum sentence one could receive for a first time offense in embezzlement < $200 is one year.

3) Thanks for your help!

[egooozum]

Agree that it's not the charge that matters, but the conviction. So, if you were convicted of a misdemeanor, and that's the only conviction on your record, then I don't imagine there should be a problem.

I agree as well. It helps that it was not a violent crime too. I have a misdemeanor on my record. I have purchased new guns, have a current CHP, and have a DOD clearance. Just be honest and as complete as possible and you should be fine.

I have a DoD clearance as well, but I didn't know if being able to acquire a clearance directly related to me also being able to purchase a handgun.

[tommy610]

See this:

http://leg1.state.va.us/cgi-bin/legp504 ... d+18.2-104

It looks like the minimum for petit larceny (< $200.00) is 30 days.

IANAL