Minor Misdemeanor Charge of Drug Paraphernalia

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layman_1141
Posts: 9
Joined: Wed Sep 23, 2015 12:33 pm

Minor Misdemeanor Charge of Drug Paraphernalia

Post by layman_1141 »

Hello all, two days ago I had my juvenile record sealed. I am planning on purchasing a handgun for CCW purposes in about a week when I turn 21. I also would like to purchase a shotgun this week for sporting clays. My main question is with my record being sealed only this week, will I be delayed or or denied since it was sealed so recently? Also, I know that on the Ohio CCW paperwork it reads that you do not have to include any minor misdemeanor charges for any reason on the application. I have a MM Possession of drug paraphernalia charge on my record from when I was 18. My question is will this charge keep me from receiving a firearm? I feel like it shouldn't because it makes no sense that I would be able to carry a firearm but not purchase one? Thank you all for any help you can give me.

I'm getting a little freaked out over this whole thing.

Thanks again,
Corey
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BobK
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Location: Houston TX (formerly Franklin County)

Re: Minor Misdemeanor Charge of Drug Paraphernalia

Post by BobK »

Welcome to the forum.

A minor misdemeanor drug charge will not affect your ability to purchase a firearm. Firearms sales utilize a federal check and that is not a federal disability. So no worries there even if it was not sealed.

For your Concealed Handgun License application, that is Ohio law. It shouldn't have any affect there either. If the Sheriff has any questions you can always produce your copy of the order sealing the record.

BTW, I remember how disorganized I was at age 20 and how many times I moved during the next 15 years. Let me recommend you keep your original certified copy of the case disposition and sealing stuff safe and sound. You never know when you could need it many years later.
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
layman_1141
Posts: 9
Joined: Wed Sep 23, 2015 12:33 pm

Re: Minor Misdemeanor Charge of Drug Paraphernalia

Post by layman_1141 »

Thank you very much sir. I really appreciate the informed answer. So I should be good to go then. And yes I labeled the envelope containing all the info and put it in a safe place. Miraculously I went to court and got my charges sealed on the 21st and the paperwork showed up in the mail on the 23rd! My only remaining question is how long should I wait to go purchase a firearm to be sure all of the system is updated with the sealed records. I just don't want to get a denial.

Thank you again,
Corey
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BobK
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Joined: Sun Jan 14, 2007 10:26 pm
Location: Houston TX (formerly Franklin County)

Re: Minor Misdemeanor Charge of Drug Paraphernalia

Post by BobK »

Go now. Even if your record was not sealed at all, that offense does not prevent buying firearms. Go!
I am a: NRA Life Member, Texas State Rifle Association Life Member, Texas Firearms Coalition Gold member, OFCC Patron Member, former JFPO member (pre-SAF).

This froggie ain't boiling! Shall not be infringed! Μολών Λαβέ
More Obamination. Idiots. Can't we find an electable (R) for 2016?
layman_1141
Posts: 9
Joined: Wed Sep 23, 2015 12:33 pm

Re: Minor Misdemeanor Charge of Drug Paraphernalia

Post by layman_1141 »

Oh, I am sorry for any confusion. I did have juvenile charges that would disqualify me. I just recently had them sealed. As in I went to court and had them sealed on the 21st of this month. The only charge I was worried about was the adult charge that was not sealed. I talked to a guy at gander mountain and he said that it could probably take anywhere from 15 to 45 days for the systems to update and the sealed records to actually be sealed.
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MyWifeSaidYes
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Re: Minor Misdemeanor Charge of Drug Paraphernalia

Post by MyWifeSaidYes »

layman_1141 wrote:Oh, I am sorry for any confusion. I did have juvenile charges that would disqualify me. I just recently had them sealed. As in I went to court and had them sealed on the 21st of this month. The only charge I was worried about was the adult charge that was not sealed. I talked to a guy at gander mountain and he said that it could probably take anywhere from 15 to 45 days for the systems to update and the sealed records to actually be sealed.
Ah. If you had a juvie record that WOULD be a federal disqualifier, you might have a longer wait.

If you are in possession of your sealing order, you can legally attempt to purchase a firearm (shotgun or rifle) now. Don't bother to show the gun dealer...they won't care.

Visit a dealer, pick out the gun you want and fill out your 4473. The dealer will run your background check.

If it comes back denied, you know you need to wait. If the bogeymen from the ATF want to pick on you about an attempted purchase, show THEM the sealing order.

The data from your sealing order may take several weeks before it is updated at BCI, and it is possible that it will NEVER be updated at the FBI and NICS.

Should that be the case, you may need to apply for a NICS VAF (Voluntary Appeal File).

With a VAF, you submit your sealing order and a fingerprint card directly to the FBI. They will issue you a UPIN (unique personal ID number) which you enter on the next 4473 you fill out. This triggers a human to get involved at NICS and manually (but quickly) review your info. If you have no other issues, your 4473 will get a proceed instead of a delay or deny.

VAF processing is running 3 to 4 months right now
MyWifeSaidYes
layman_1141
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Joined: Wed Sep 23, 2015 12:33 pm

Re: Minor Misdemeanor Charge of Drug Paraphernalia

Post by layman_1141 »

I actually went and purchased my first shotgun today. I told the guy at the store the whole story and miraculously it went through in less than ten min. I was ecstatic. No worries in getting my glock next Sunday on my 21st! Thanks everyone for your help. It seems I was worrying myself to death over nothing.
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