First time NH buyer, how to answer form 4437

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Ten years ago (2006) I turned myself in for a graffiti offense in MA. I was 20 years old. Not violent, not drug related, just some spray paint on a few abandoned buildings. The case was continued without a find (CWOF) after 6 months of pre-trial probation and my record was sealed. I'd never been in trouble before and I haven't been in trouble since. I've had multiple CORI checks done for various jobs and it's never came up. I've since moved to NH, and my wife and I are interested in purchasing a handgun for some recreational shooting on our property. I really didn't think about it until now, but when I was researching the paperwork I needed to fill out, I came across this question on the 4473 form that asks:

"Are you under indictment or information in any court for a felony, or any other crime, for which the judge could imprison you for more than one year?"

I'm confused about the wording, especially the word "information"... do I need to answer yes to this question? The maximum sentence for the "malicious destruction of property" I was charged with is indeed more than one year.

Does this ban me from buying a gun?

Thank you in advance. Any help or advice would be greatly appreciated.
 
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Based on the information you provided, you can answer "no" to that question since you are not under indictment. An "information" is equivalent to a criminal complaint, indictment, etc. They are synonyms and states use various terms to describe the paper that contains criminal charges.
 

Maui5150

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Just my opinion you would answer no. Now on an LTC application or anywhere where it mentions court appearances, you WOULD have to mention it.

Regarding that question, they are looking at if you have something pending that may not yet appear on your file... like if there is a grand jury you are aware of, etc., or you have been recently questioned by police related to a criminal investigation, but not charges have been filed yet.

Your case was 10 years ago, CWOF, and you stayed clean for your probation. Yes if it asks if you have appeared before the court (like it will on an LTC application, and regardless of whether you were not guilty, you have to indicate that you were before the court)
 

Goliathan

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Contact a lawyer for real advice.

My non-lawyer interpretation is that you should be fine. Question 11 has to do with defining whether you're a prohibited person or not, and it doesn't appear that you are. You don't have a conviction for the charge, right?

Read the instructions on page 4 for clarification.
 
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Thank you for the quick responses folks. I really appreciate it. I was just unsure if question 11.b was asking about a current indictment, or any indictment in general. Good to know about the concealed carry application. I won't be applying for that until I feel I am comfortable enough with the firearm to carry.

You don't have a conviction for the charge, right?


Everything I've read says a CWOF is NOT a conviction.
 
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That question on the 4473 is very misleading. On page 4 of the form it includes the definition of a PP, quoted below:

Question 11.b. - 11.l. Definition of Prohibited Person:
Generally, 18
U.S.C. § 922 prohibits the shipment, transportation, receipt, or possession in
or affecting interstate commerce of a firearm by one who: has been convicted
of a misdemeanor crime of domestic violence; has been convicted of a felony,
or any other crime, punishable by imprisonment for a term exceeding one year
(this does not include State misdemeanors punishable by imprisonment of
two years or less)

; is a fugitive from justice; is an unlawful user of, or
addicted to, marijuana or any depressant, stimulant, or narcotic drug, or any
other controlled substance; has been adjudicated mentally defective or has
been committed to a mental institution; has been discharged from the Armed
Forces under dishonorable conditions; has renounced his or her U.S.
citizenship; is an alien illegally in the United States or an alien admitted to the
United States under a nonimmigrant visa; or is subject to certain restraining
orders. Furthermore, section 922 prohibits the shipment, transportation, or
receipt in or affecting interstate commerce of a firearm by one who is under
indictment or information for a felony, or any other crime, punishable by
imprisonment for a term exceeding one year

Basically the "one year" wording only applies to federal crimes. State level misdemeanors need to have a potential sentence of greater than 2 years to make you a PP. Combine that with the fact that it is a CWOF, you should be fine. I know someone with a CWOF for theft (because his friend was a retard and stole things but dragged him into it unknowingly and the DA didn't care and charged everyone) and it has not affected his ability to purchase a gun in NH or even get a conceal carry license.
 

MachineHead

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Be sure to use your real name on the application. Using sublimaze might get you looked at a little more closely. [lol]

Welcome and good luck with your future purchase!
 
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Be sure to use your real name on the application. Using sublimaze might get you looked at a little more closely. [lol]

Welcome and good luck with your future purchase!

Hahaha thank you. I'm a paramedic, sounds like you might be too?

Thanks for everyones response. I'm heading to the shop now. I'll update when I'm back.
 
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I've since moved to NH, and my wife and I are interested in purchasing a handgun for some recreational shooting on our property.
Understand the laws:
http://www.gencourt.state.nh.us/rsa/html/lxii/644/644-13.htm

644:13 Unauthorized Use of Firearms. –
I. A person is guilty of a violation if, within the compact part of a town or city, such person fires or discharges any cannon, gun, pistol, or other firearm, except by written permission of the chief of police or governing body.
II. For the purposes of this section:
(a) "Blank ammunition'' means a cartridge loaded with propellant and a wad, but no projectile.
(b) "Compact part'' means the territory within a town or city comprised of the following:
(1) Any nonresidential, commercial building, including, but not limited to, industrial, educational, or medical buildings, plus a perimeter 300 feet wide around all such buildings without permission of the owner.
(2) Any park, playground, or other outdoor public gathering place designated by the legislative body of the city or town.
(3) Any contiguous area containing 6 or more buildings which are used as either part-time or permanent dwellings and the spaces between them where each such building is within 300 feet of at least one of the others, plus a perimeter 300 feet wide around all the buildings in such area.
III. Paragraph I shall not apply to the firing or discharge of a cannon, gun, pistol, or other firearm within the compact part of a town or city for the following events, provided that the person responsible for organizing the event notifies the police department and the fire department prior to the following events using blank ammunition:
(a) The celebration of, or practice for the celebration of, military events, military funerals, national holidays, or other military or veterans commemorations, conducted by United States armed forces personnel; or
(b) Military re-enactors registered with the secretary of state's office and who meet the requirements of the state fire code pursuant to RSA 153:5; or
(c) Funerals or commemorative events conducted by law enforcement agencies, fire departments, emergency medical services, or other public safety agencies, or official veterans organizations including but not limited to the American Legion or Veterans of Foreign Wars.

Good to know about the concealed carry application. I won't be applying for that until I feel I am comfortable enough with the firearm to carry.
[/COLOR]

Many here at Northeast shooters assume everyone is in Mass so when they start talking about "LTC" this and that be mindful they are most likely talking about Mass. New Hampshire is not Mass. No FID's, no LTC's...

NH P&R License application: https://www.nh.gov/safety/divisions/nhsp/ssb/permitslicensing/documents/dssp85.pdf

Fill one out for yourself, have your wife fill one out... get it done and out of the way. And for the "reason" write "All lawful purposes to include hunting, target shooting and self defense". That's it. Drop them off, you should have them back within 14 days.
 
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An update for future Googlers... just went to the local gun store, filled out the NICS paperwork, waited 15 minutes for the state to call back, and walked out with a shiny new Glock 19 Gen 4. No issues. The proprietor of said shop mentioned the FBI is a little more likely to delay an application, and once you get delayed once, you'll probably get delayed every time after that. So when I go to pick up the Ruger 10/22 thats next on my list, I'm anticipating a delay.

Very excited to finally be a gun owner. Thanks to everyone on here who provided the helpful insight. I'm happy to be a member of this community.
 

NHKevin

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Thank you for the quick responses folks. I really appreciate it. I was just unsure if question 11.b was asking about a current indictment, or any indictment in general. Good to know about the concealed carry application. I won't be applying for that until I feel I am comfortable enough with the firearm to carry.



Everything I've read says a CWOF is NOT a conviction.[/COLOR]

Why wait? There is no downside to getting the license. Nothing says you must carry once you get it.
 
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Update here... Just bought a Ruger 10/22 for $200 on a smoking black Friday sale but, as expected, got delayed by the FBI. They let me walk out with the Glock 19, but the rifle is a no go until Thursday. This system seems ass-backwards...

Should I be worried? I don't see myself getting declined, especially after walking out with a hand gun.

Another contributing factor (on top of my prior youthful artistic indiscretions) is there is one other person in this country who has the same name as me, and he has a felony narcotics distribution charge. Thanks bro. -_-
 
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Update here... Just bought a Ruger 10/22 for $200 on a smoking black Friday sale but, as expected, got delayed by the FBI. They let me walk out with the Glock 19, but the rifle is a no go until Thursday. This system seems ass-backwards...

Should I be worried? I don't see myself getting declined, especially after walking out with a hand gun.

Another contributing factor (on top of my prior youthful artistic indiscretions) is there is one other person in this country who has the same name as me, and he has a felony narcotics distribution charge. Thanks bro. -_-


My guess is that the same name narcotics charge has more to do with the delay than the graffiti. Once they work it out, you should be fine.
 
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Update here... Just bought a Ruger 10/22 for $200 on a smoking black Friday sale but, as expected, got delayed by the FBI. They let me walk out with the Glock 19, but the rifle is a no go until Thursday. This system seems ass-backwards...

Should I be worried? I don't see myself getting declined, especially after walking out with a hand gun.

Another contributing factor (on top of my prior youthful artistic indiscretions) is there is one other person in this country who has the same name as me, and he has a felony narcotics distribution charge. Thanks bro. -_-

Clarification on some things:
- Your pistol purchase (as well as any other pistol purchases in NH) was handled by the New Hampshire State Police Point of Contact. In additional to submitting the request to the FBI, they do some local checks as well (as I understand it). The background check still hit the FBI system
- Your rifle purchase was likely handled directly by the FBI, using the same databases the NH POC uses
- The NICS system has sent out information to FFLs indicating at high traffic times anyone that needs further review will automatically get a DELAY.
- After a recent upgrade to the NICS system, the system go "Default Deny" sometimes when it shits itself.
- The occassional DELAYs do not indicate an issue in your background check, just that the NICS system sucks donkey ass and the government is too cheap to pay for people on the weekends to due the second level checks.
- Repeated delays can indicate something in your past that could be an issue or someone with similar name/information having an issue. If you get repeated Delays, you should look into a Federal UPIN, more info can be gathered by googling or searching here.
 
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