I was looking over the COE form after Pizza Bob said I would have to fill one out when I purchase a Long Gun, and I had a question about Question #1 "Have you ever been convicted of a crime that has not been expunged or sealed?"

 

A little background, about 15 years ago I was charged with a Misdemeanor Possession of 2 grams of Marijuana, I was given 6 months Non-Reporting Probation and a fine and sent on my way. I was asked about this when I received my FID and explained it to the Chief and he approved my application.

 

So my Question is do I check Yes or No for this? Being that it says at the bottom of the form that Questions 1 - 10 must be answered “no” for the transfer of the firearm to proceed. A person who answers “yes” to any question is not eligible to receive a firearm.

 

I looked online and it seems that Misdemeanor Possession is an "offense" and not a "Crime", can check No? can anyone confirm or deny this for me?

 

Thanks guys!

I would check No. A misdemeanor is a disorderly offense. You got your FID so you're fine.

Thats what I figured, Thanks for the info!

Also, were you actually convicted of the misdemeanor offense? or were the charges dropped after the probationary period? Not sure if they did it the same way 15 years ago, but today if your viewed by the courts as a "good guy" they will grant you a period of 6 months, in which time your "trial" remains open, at the end of the 6months if you stay out of trouble they usually drop the charges. The initial charge will remain on you record but there would be no conviction.

As far as I know there was a conviction, I was told I could get it expunged but the only other time I have even been asked about this was when I joined the Navy.

Was the crime you were charged with in NJ? If it was, were you entered into PTI (pre trial intervention)? If you were entered into PTI and you succesfuly completed your probation, you were not convicted of anything.

No there was not a PTI.

No there was not a PTI.

I would look into it, and if so i would get it expunged... cant hurt.

Get it expunged, the paperwork is easy even if it is a pain in the butt. I am doing one for my cousin right now, same thing, petty marijuana charge. You can do it yourself, if you hire an attorney be careful on prices, some attorneys over charge.