Please help w/ FFL questions - I have problems w/ question 11c

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StephanieD

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Hi, my name is Stephanie, I went to pick up my DE .50 Tiger Stripe Gold, that I paid for & have waited for 11 months to be delivered. it came in today & I went to pick it up. On the FFL, question 11c, I answered yes & was denied sale for 24 hours although I'm gonna answer it the same way tomorrow & have, w/i the last 2 yrs bought a Bushmaster .223 & a Ruger .9mm, having answered "yes" to that same question & not had a problem. I understand the question & the verbage, but some ppl apparently do not & I've asked over & over how to answer this friggin question honestly! Furthermore, to add to my aggravation, I've read the instructions & still dont know how to honestly answer this question & no one seems to know how to or be able to advise me - they don't pay attention to all the words in the sentence & it just ends up in an argument over th English language & me getting upset that I can't have the gun because I don't know how to honestly answer it! And that I've bought two guns, even one of those "scary black assault rifles", answering yes to 11c.

I'm hoping maybe someone in this forum w/ firearm legal experience will help me. PLEASE PLEASE PLEASE!

Ok, here are my skeletons in my closet - I'm now 45 w/ a long, respectable career in healthcare - in my younger days I was a little wild - my mother was shot & killed by my stepfather when I was 12, after 3 nightmarish years of drunken abuse by him which culminated w/ her death. I kinda went down the wrong path for a little while as a teen/young adult then turned it around & got my sh*t together & I'm now a decent, honest, law abiding taxpayer!

At 18 I was convicted of petty shoplifting on a dare, a tube of lipstick - stupid I know - & while processing me in they found a small "roach" in my purse - literally a 3/4 smoked joint (marijauna) for which I was also convicted for - possession of CDS. Bonded out, paid fine, deferred sentence - done. Never shoplifted/stolen anything since - like I said it was on a dare, stupid kid sh*t.

When I was 23 I was convicted of 1st time (only time) DUI, bonded out, deferred sentence, paid fine, done.

When I was 30 I was convicted of disorderly conduct - bonded out, deferred sentence, paid fine, done.

FFL 11c asks "Have you ever 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? (See Instructions for Question 11.c.)"

I've never been charged w/, much less been convicted of a felony. But it also includes "any other crime" - & yes, I have been convicted of "any other crime" - all misdemeanors. The part that really gets me is "for which the judge COULD have imprisoned you for more than one year, even if you received a shorter sentence including probation?" Well, as we all know, there are maximum & minimum sentences for crimes & the judge decides to either give you the minimum or the maximum or somewhere in between. I don't know if any of my misdemeanors COULD have, given the maximum sentence possible for the charge, for which the judge COULD have imprisoned me for more than one year. I don't know what the maximum sentences for my misdemeanors COULD have been????? I mean, I don't know, could my DUI, w/ the maximum sentence imposed by the judge, sent me to jail for more than a year? What about the shoplifting & possession? What about the disorderly conduct? If, given the maximum sentence, could any of those ended up w/ imprisonment for more than one year? I don't know, no one seems to be able to help me w/ this & now, unless I can figure out how to answer that question, honestly, the big outdoor sports store in the city won't sell me the gun even though I have bought two other guns answering that same question "yes".

I would appreciate any help w/ this - the guy at the store would not help me w/ it even though I explained the situation & told him I've bought guns in the past & not had a problem w/ that question. I can't answer it "no" since I don't know what I COULD have been sentenced - right? I don't want to lie & selecting "yes" seemed the honest way to answer since I don't know.

And why did I not have a problem w/ my two other gun purchases? I answered "yes" & they ran it thru the system & I was good to go - I don't understand!

If no one can help me w/ this could someone at least tell me who to call? Or is no one on the planet allowed to advise ppl on this question?

Thanks in advance & if I broke some rule or law by asking for advice on this I am sorry - I didn't know.

StephanieD
 

Gabriel42

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§21 10. Punishment of misdemeanor.
Except in cases where a different punishment is prescribed by this chapter or by some existing provisions of law, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding one year or by a fine not exceeding five hundred dollars, or both such fine and imprisonment.
R.L.1910, § 2091.

Looks like you should be answering "No" if the offenses were committed in Oklahoma but I'm no lawyer.
 

StephanieD

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Yes, I got delayed on the Ruger.9mm for 3 days - I think because it was the first gun I ever bought. But this store won't even run it thru if you answer " yes" to 11c - it automatically goes down as "lost sale" per store policy I am assuming - if you answer "yes" to 11c & when they review your answers that's it, your done, they stop right there, don't even put you thru the FBI or ATF - whoever it is that they call for approval.

Thanks,

Stephanie
 

Hoov

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WARNING: not constructive/dishonest/bad legal advice ahead/I am not a lawyer/disclaimer/disclaimer

Do you realize how few background check denials are prosecuted? Even if you straight up lied on the thing, you have less than one-tenth of one percent chance of being prosecuted. I would think the odds of them splitting hairs on something this gray would be astronomical.

Are you encouraging her to lie?
 

jescates

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I would put No. You were not convicted of one and your misdemeanors are crimes that would bring less than a year. I had a DUI in 03 and have always put no and have bought several firearms with no questions asked.
 

Gabriel42

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The 4473 is run when the firearm is transferred. In my experience, when a store is going to order a $2500 pistol they take the money upfront and at that time a 4473 is not required.
 

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