Will I be charged?

[papercut]

What is the name of your state?
Anonymous due to circumstances

In another state I was convicted of a misdemeanor that has only a C Felony equivalent in my state. Not domestic violence by the way. After my conviction I bought a handgun and was later issued a concealed pistol license. I recently found out that I'm not suppossed to own guns in my state when I tried to buy a long gun that required a NICS check. Right after I found out about my disability I sold my handgun. I still have a pistol license that I apparently illegally appropriated by misunderstanding the situation that I'm not suppossed to own a gun. Additionally I illegally owned the handgun for several months that I sold after finding out about my limitation through NICS.

The police never should have approved my handgun purchase or issued me a concealed pistol license. Am I liable for this? Can/Will I be charged with unlawful posession of a firearm?

 

[chris86]

Wow! Those background checks certainly are thorough! I would be honest, if anything is said, I would do one of 2 things: (1) surrender the concealed weapons permit, stating that you have recently learned that you are not legally able to have obtained one in your state, which should cover your butt, and make you appear very law-abiding, or (2), forget about it, and hope for the best. I am not a lawyer, but I think that since you sold the gun, I'd relinquish the permit. I would also provide documentation of who you sold that gun to. I would NEVER sell a gun to anyone with no documentation...that gun turns up somewhere it shouldn't be after doing something it shouldn't, it comes right back to you, whether you want it to or not.

 

[papercut]

Wow! Those background checks certainly are thorough! I would be honest, if anything is said, I would do one of 2 things: (1) surrender the concealed weapons permit, stating that you have recently learned that you are not legally able to have obtained one in your state, which should cover your butt, and make you appear very law-abiding, or (2), forget about it, and hope for the best. I am not a lawyer, but I think that since you sold the gun, I'd relinquish the permit. I would also provide documentation of who you sold that gun to. I would NEVER sell a gun to anyone with no documentation...that gun turns up somewhere it shouldn't be after doing something it shouldn't, it comes right back to you, whether you want it to or not.

I sold it to a gun shop and got a bill of sale type slip.

I guess what I'm worried about is that I must have unintentionally lied or made a mistake on the paperwork in order to get the gun and permit. For unlawful posession in this case if convicted I'd get a C felony.

 

[papercut]

What the son of a?!

Is this a tough question or something? Come on people, what do I do to avoid getting screwed over?

 

[mycarlb]

hold up... you "unintentionally" lied??? Come on now... at least don't lie to the people here who are trying to give you advice... If you were honest on your application for a gun permit, then you need to go to the police and surrender your permit because it's NO fault of your own that you were issued it... HOWEVER, you just changed the stakes by admitting you LIED in order to secure this permit... I have the distinct feeling you knew exactly what you were doing... you wanted the handgun, and the concealed weapon permit, so you lied in order to get it...

What, just for argument's sake, did you "unintentionally" lie about? Which question?? This may help us give you a more concrete idea of what you need to do to protect your a$$

 

[papercut]

I have the distinct feeling you knew exactly what you were doing... you wanted the handgun, and the concealed weapon permit, so you lied in order to get it...

You must be a prosecutor somewhere. The mistake I could have made was saying that I was not in violation of a certain statute which asks if you have been convicted of a felony, which I answered no to because it was a misdemeanor conviction but did not know it translated to a felony in my state for the purpose of gun ownership. I think the paperwork for the gun and permit do not include detailed and or updated enough legal information.

 

[mycarlb]

That is not a lie then. If the state in which you were sentenced gave you a misdemeanor plea, then you haven't been convicted of a felony. If you were to obtain your rap sheet you would see only the misdemeanor... You really have nothing to worry about then. But again, I would surrender your permits just to show you want to uphold the law.

And as long as you no longer own a gun, you are not commiting any crimes. just give them the permits and explain what happened...they aren't gonna charge you with something you don't own.

 

[papercut]

That is not a lie then. If the state in which you were sentenced gave you a misdemeanor plea, then you haven't been convicted of a felony. If you were to obtain your rap sheet you would see only the misdemeanor... You really have nothing to worry about then. But again, I would surrender your permits just to show you want to uphold the law.

And as long as you no longer own a gun, you are not commiting any crimes. just give them the permits and explain what happened...they aren't gonna charge you with something you don't own.

If I surrender the permit will the police think I'm mocking them for issuing it?
I don't see the benefit to handing it in because I'm then admitting I broke the law even unintentionally. Is there harm in keeping it? If there was a situation where I could get in trouble for not handing it in after discovering my gun disablility, that would make sense, but I'm still not convinced I should bring it up.

 

[mycarlb]

You need to do what you feel best in this situation... I am just letting you know that with that permit and concealed weapon license you could, at any time, get another hand gun... Nothing is stopping you. If I were you, I would make an anonomous call to the local police station and give them the situation - referring to a 3rd party if it makes you feel better, and see what they have to say. There is a good chance that no one will ever be the wiser... I mean if you move out of your state, then your gun permit WILL be valid and legal in the state it was issued...

It's a call only you can make...