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Thread: denied Form 4 questions

  1. #11
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    Yep, saw that....as did anyone else that is reading this forum. Probably not a wise decision to post that on a public forum.

  2. #12
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    Quote Originally Posted by peruna View Post
    Yep, saw that....as did anyone else that is reading this forum. Probably not a wise decision to post that on a public forum.
    Tell me how it is unwise. The record is already public. I am currently working with a lawyer to get the charges dropped. And with marijuana support at an all time high I fail to see the issue.

  3. #13
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    Quote Originally Posted by TheWaker43 View Post
    Tell me how it is unwise. The record is already public. I am currently working with a lawyer to get the charges dropped. And with marijuana support at an all time high I fail to see the issue.
    Not necessarily. Depends on the state.

    Some states do not allow public inspection of "nonconviction data" or cases that do not result in a conviction or guilty plea.

    Maybe that's why your bench warrant didn't show up before in the last 10 years.

    Anyway, no skin from me....you can do whatever you like.

  4. #14
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    Quote Originally Posted by peruna View Post
    Not necessarily. Depends on the state.

    Some states do not allow public inspection of "nonconviction data" or cases that do not result in a conviction or guilty plea.

    Maybe that's why your bench warrant didn't show up before in the last 10 years.

    Anyway, no skin from me....you can do whatever you like.
    It's public. As soon as I found out about it I pulled it up on my home computer through the courthouse website. I then called the courthouse and to verify and get basic details. All they required was the name, in this case my name. This was Florida by the way.

    Also, "what's" why it did not show up until now?
    Last edited by TheWaker43; 02-22-14 at 11:21. Reason: add question

  5. #15
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    Are you saying that the courthouse website specifically said that you were ticketed for possession of marijuana?

  6. #16
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    Quote Originally Posted by TheWaker43 View Post
    Also, "what's" why it did not show up until now?
    I thought you expressed some surprise that it has only come to light now even though it occurred 10 years ago. So, maybe the reason why it did not come up until now is because it was not subject to disclosure.

    Nonconviction data may, in some states, be subject to an exemption from public disclosure when there is an active investigation taking place or when the charge does not result in a conviction of guilty plea.

  7. #17
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    Quote Originally Posted by peruna View Post
    A joint? Then shouldn't you have answered "Yes" to question 11(e) on the Form 4473 for the 10 plus firearms you have purchased since receiving the possession charge?
    TheWaker43 did not necessarily lie on the 4473. 11(e) asks "Are you an unlawful user of, or addicted to marihuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance."

    The question is written in present tense. It does NOT say have you EVER been an unlawful user. So lets say 10 years ago TheWaker43 was in high school or college, experimented with a few marijuana joints and happened to get nabbed with one in his car on his way to spring break in Florida. TheWaker43 wises up and decides a life a addiction isn't for him, so he gives up his habit. A few years later, TheWaker43 now has a good job, with some disposable income, so he decided to pick up an even more expensive habit and buy his first firearm. TheWaker43 hasn't touched marijuana in years, and checks "NO" on 11(e). He isn't lying and the purchase is legal.

    The above, of course in purely hypothetical, and I have no idea of TheWaker43's situation. For all I know he could have been driving home from the LGS when he was caught with the joint.

  8. #18
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    Quote Originally Posted by philcam View Post
    TheWaker43 did not necessarily lie on the 4473. 11(e) asks "Are you an unlawful user of, or addicted to marihuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance."

    The question is written in present tense. It does NOT say have you EVER been an unlawful user.

    I agree. It would depend on the proximity in time regarding the ten plus purchases and the incident.

  9. #19
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    philcam,
    That's pretty much exactly what happened. I was 21 at the time on the way home from spring break. I was recently approached with a better job offer, so I gave my then current job my notice. The background check reveled the bench warrant. It did not prevent me from the job but it did shock me as it has not shown up before.

    peruna,
    Yeah, the county courthouse site has a case search and you can search by name, case number, etc. It just give the basics but you can pull up anybody. I even found my speeding ticket and it shows it as "closed," as I paid the fine when I was ticketed. And I think I got you on the public disclosure, my case is listed as an "inactive" warrant. Perhaps it just went from "active" to "inactive."

  10. #20
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    The Form 4473 speaks in terms of convicted/under indictment/under information. An arrest or receipt of a summons/ticket is not any of those and the bench warrant doesn't rise to any of those. That is likely why a firearms background check didn't reject your Form 4473 application.

    You probably signed a consent to have the potential employer run a background check.

    Anyway, at least you found out about it and are having it cleaned up.

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