Gave up right to purchase a firearm when I plead guilty as a juvenile?

Question

As a juvenile, I plead guilty to 4th degree assault as a part of a plea bargain. Part of the agreement was that I would give up my right to purchase a firearm. At the time, they told me that if I go crime free, I can go back to court to become eligible to purchase a firearm. I called the court to check how this works, and they all told me to contact an attorney, because they can't give legal advice, legally. My question is, what is the process of going back to court to become eligible to purchase a firearm? I have no additional criminal history, and my juvenile record has been expunged, and taken out of every government database.

Does anyone know the process of becoming eligible again?

Answer 1

Reading your question says you expunged your juvenile record. This would erase the conviction so on a 4473 form, where it asks if you were ever convicted of a crime that called for a sentence of a year and a day or more, you can legally say "no".

I am assuming you are over 21 now. The only other concerns you would have would be the normal statutes for weapons ownership.

Bear in mind it usually takes 4 to 6 months for an expungement to make it through the system, erasing records as it goes. If it has been over this amount of time, your record should be clear.

Best advice ( and I am NOT a lawyer) would be to run your own record at any police station (BCI check is about $20, Fed check (NCIC) is currently $68) and see that it has been cleared. The other way would be to stop in at your local gun store, explain the entire situation and ask if they can run the standard check for you.

Best of luck and I hope this is useful to you

Answer 2

The terms of your plea agreement dictate your ability to possess a weapon.  If the weapons restriction was for your lifetime, that is the case and you are on notice of the potential violation.  If you do not remember, go to the juvenile court, pull your file and ask the public defender to review the terms of the agreement with you.  

If no time is mentioned, as soon as you have terminated your juvenile supervision, probation or parole your sentence is over and you may proceed as if nothing happened.  

Be advised, any convicted felon may NOT possess a firearm.  As long as there isn't anything else.....