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Theft as minor (18 years ago), impact on gun purchase today.

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Daniel3141592

Guest
Crime occured in Massachusetts.

In 1986, when I was 16yo, I was involved with a stealing property from my workplace in Massachusetts. After the crime I fled the state, but then turned myself in in another state and was returned for court appearance in MA. A portion of the items stolen were returned to the company, I was ordered to pay the remainder as restitution, and was placed on parole. Up until the final court date I was held by the state, after that I was released to the custody of family members. I did plead guilty, but I have never received any paperwork on exactly what the charges were, etc. I am sure I was told verbally... but it's 18 years ago now. I was verbally told at the time that if I don't screw up, i.e. keep myself clean, my record would be sealed when I turned 18. This is my only conviction before or since.

In 1988, I spend time with a recruiter talking about joining the USMC, and during the process explained the above, due to that they rejected my application.

Fast forward to current time. I have become interested in target shooting, and now live in a state which requires nothing more than Federal restrictions on gun purchases. So far I've been using rental guns at the range but want to purchase my own. Doing my own research, I thought that the two main restrictions were 1.) no felony convictions, and 2.) no domestic violence issues.

I have never had any domestic issues, and my understanding is that my conviction when I was a minor was not a fenoly, so I wasn't worried. When I went to purchase a pistol, reading over the federal form I became rather worried, as there is an additional restriction/question that I didn't see elsewhere: 3.) have you ever had a conviction that could have carried a maximum penalty over 1 yr?

One area of Mass law I saw while reading online had to do with theft and restituion - specifically, if restitution is made, prison time is not a penalty. Mass Gen. Law Part IV Title I Chapter 266 Sec 61

So: questions:
Is the fact that I was a minor at the time relevant?
Does 266-61 apply?
Should I attempt to get my record sealed and/or expunged (i.e. will that make any difference in this context)?
I am considering doing a criminal check on myself (online and/or in person at the county court where this occurred), to see if/what shows up - will the fact that a criminal check was run at all show up as a flag (my understanding is that CREDIT checks show on your credit record and can be used as cause to deny credit - obviously a different realm)?
Does the USMC turning me down count in some way or form as a mark that says I shouldn't be allowed to purchase a gun from a Federal standpoint?
If I do sign the Federal paperwork before I know the definitive answers to these questions, am I committing a felony (i.e. should I be getting a written legal opinion from a Mass criminal lawyer before I sign -- obviously that is the safest course)?
 


stephenk

Senior Member
go to the court where you were convicted and see if you can get a copy of your criminal record. If it still exists, it would be in storage and may a week or two to bring up.

speak to a clerk in the criminal section and ask if they can run your name and get a case number, etc.
 

Son of Slam

Senior Member
The USMC turned you down because you would look pretty silly out there running around with the rest of the guys when they all had weapons and you weren't allowed to.
 

Tara_ga37

Junior Member
Feds

Georgia
You really need to find out if it was a felony . The feds can even use charges against you from when you were a minor . Even if they're sealed . Even if you had a first time offenders act . It's bad out there right now . And ... yes , If that was a felony charge and you sign that paperwork , you will go to jail . It's happening all over . Read about project exile . Obstruction of justice can get you 24 months . Maybe you could call your Federal courthouse and they could tell you what to do . Good luck to you .
 

You Are Guilty

Senior Member
Tara_ga37 said:
Georgia
You really need to find out if it was a felony . The feds can even use charges against you from when you were a minor . Even if they're sealed . Even if you had a first time offenders act . It's bad out there right now . And ... yes , If that was a felony charge and you sign that paperwork , you will go to jail . It's happening all over . Read about project exile . Obstruction of justice can get you 24 months . Maybe you could call your Federal courthouse and they could tell you what to do . Good luck to you .
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