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Very old arrest for pot. Can I buy a gun without expunging?

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JoeDau

Junior Member
If depends on the charges and your state.
Hmmm. Don't know what happened to my original post, but here it is again.

I lived in New Jersey. The arrest was for possession of less than 20 grams of Marijuana in the mid 70's. it resulted in probation, and I was told at the time that it was expungeable. I'm living in Missouri now, and have some new friends that are avid target shooters, and I would like to buy a gun or two without spending double the cost of the guns to get the record expunged. Will this be something that will stop a sale?
 

tranquility

Senior Member
Hmmm. Don't know what happened to my original post, but here it is again.

I lived in New Jersey. The arrest was for possession of less than 20 grams of Marijuana in the mid 70's. it resulted in probation, and I was told at the time that it was expungeable. I'm living in Missouri now, and have some new friends that are avid target shooters, and I would like to buy a gun or two without spending double the cost of the guns to get the record expunged. Will this be something that will stop a sale?
Unlikely. But, as long as you don't lie on the form, there is no real risk. Try to buy one and find out.
 

CdwJava

Senior Member
Well, he may want to be careful ... in some states it can be a crime to ATTEMPT to purchase a firearm if one is not eligible to do so. if he has a prior felony conviction that has not been expeunged, he is more than likely ineligible to possess a firearm at this point, so he might want to check MO law with regard to completing the paperwork.
 

JoeDau

Junior Member
I guess there's no way to get around this without going through a lawyer. **************...This really sucks.

Thanks for th help anyway.
Joe
 

TigerD

Senior Member
Missouri Weapons Laws
http://www.moga.mo.gov/statutes/c571.htm

http://www.moga.mo.gov/statutes/C500-599/5710000070.HTM
Possession of firearm unlawful for certain persons--penalty--exception.
571.070. 1. A person commits the crime of unlawful possession of a firearm if such person knowingly has any firearm in his or her possession and:

(1) Such person has been convicted of a felony under the laws of this state, or of a crime under the laws of any state or of the United States which, if committed within this state, would be a felony; or

(2) Such person is a fugitive from justice, is habitually in an intoxicated or drugged condition, or is currently adjudged mentally incompetent.

2. Unlawful possession of a firearm is a class C felony.

3. The provisions of subdivision (1) of subsection 1 of this section shall not apply to the possession of an antique firearm.

http://www.moga.mo.gov/statutes/C500-599/5710000092.HTM
Restriction on transfer and possession of firearms, petition for removal of, when, requirements.
571.092. 1. Any individual who has been adjudged incapacitated under chapter 475, who has been involuntarily committed under chapter 632, or who is otherwise subject to the firearms-related disabilities of 18 U.S.C. Section 922(d)(4) or (g)(4) as a result of an adjudication or commitment that occurred in this state may file a petition for the removal of the disqualification to ship, transport, receive, purchase, possess, or transfer a firearm imposed under 18 U.S.C. Section 922(d)(4) or (g)(4) and the laws of this state.

2. The petition shall be filed in the circuit court with jurisdiction in the petitioner's place of residence or that entered the letters of guardianship or the most recent order for involuntary commitment, or the most recent disqualifying order, whichever is later. The petition shall include:
...
DC
 

swalsh411

Senior Member
It sems like assuming this was a felony charge is jumping to conclusions. Many people get probation for misdemeanor pot charges. If the maximum sentence the OP could have received is one year or less then he can truthfully answer no to the question the 4473.
 

Mass_Shyster

Senior Member
By the way, would being in possession of a gun at the range be illegal with felony convictions?
Yup.

An acquaintance with a felony conviction went to a public indoor range, rented a gun and shot for a while. His ex called the FBI. They came looking for him and he admitted that he had gone shooting. Since the gun was manufactured in the same state, they would have had a harder time proving the gun affected interstate commerce, so they only charged him for the ammunition. He did five years for that.
 

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