Felony as a minor, could that prevent purchese of a handgun?

[The Angry Goat]

I have a coworker that is looking to buy his first gun, I'm going to be the good buddy and give him a good deal on first first firearm... When I was asking about his background I asked if he has any felonys, he advised that when he was 17 he was charged with assualt from a fight at school... question is now he is 21 and is looking to buy a handgun, do you think this will cause an issue during the background check since he was a minor?

[OldShooter32]

All juvenile violations are misdemeanors, even those that would be felonies as adults. However, some misdemeanors will keep you from owning firearms. I'd suggest he get his record sealed or expunged.

[The Angry Goat]

evidently he told me that the records are sealed.... he is a licensed California life agent... and I know you cannot have any issues during your background check for that..

On the 4473 would he have to mark yes to the felony question if his records were sealed?

[SunsetIE]

evidently he told me that the records are sealed.... he is a licensed California life agent... and I know you cannot have any issues during your background check for that..

On the 4473 would he have to mark yes to the felony question if his records were sealed?

DISCLAIMER : I AM NOT A LAWYER, this is just information I have personal knowledge of.

No, because for all intensive purposes, that "felony" no longer exists due to being expunged (sealed).

The most direct option, would be to have your "friend" attempt to purchase a firearm. Should he be a prohibited person still, the FFL will inform him of such.

Now, if it the issue was handled out of court, the state may have 17B.3'd it, and busted it down to a misdemeanor, which should not preclude your "friend" from purchasing a firearm, depending upon the misdemeanor.

17. (a) A felony is a crime that is punishable with death, by
imprisonment in the state prison, or notwithstanding any other
provision of law, by imprisonment in a county jail under the
provisions of subdivision (h) of Section 1170. Every other crime or
public offense is a misdemeanor except those offenses that are
classified as infractions.
(b) When a crime is punishable, in the discretion of the court,
either by imprisonment in the state prison or imprisonment in a
county jail under the provisions of subdivision (h) of Section 1170,
or by fine or imprisonment in the county jail, it is a misdemeanor
for all purposes under the following circumstances:
(1) After a judgment imposing a punishment other than imprisonment
in the state prison or imprisonment in a county jail under the
provisions of subdivision (h) of Section 1170.
(2) When the court, upon committing the defendant to the Division
of Juvenile Justice, designates the offense to be a misdemeanor.
(3) When the court grants probation to a defendant without
imposition of sentence and at the time of granting probation, or on
application of the defendant or probation officer thereafter, the
court declares the offense to be a misdemeanor.
(4) When the prosecuting attorney files in a court having
jurisdiction over misdemeanor offenses a complaint specifying that
the offense is a misdemeanor, unless the defendant at the time of his
or her arraignment or plea objects to the offense being made a
misdemeanor, in which event the complaint shall be amended to charge
the felony and the case shall proceed on the felony complaint.
(5) When, at or before the preliminary examination or prior to
filing an order pursuant to Section 872, the magistrate determines
that the offense is a misdemeanor, in which event the case shall
proceed as if the defendant had been arraigned on a misdemeanor
complaint.
(c) When a defendant is committed to the Division of Juvenile
Justice for a crime punishable, in the discretion of the court,
either by imprisonment in the state prison or imprisonment in a
county jail under the provisions of subdivision (h) of Section 1170,
or by fine or imprisonment in the county jail not exceeding one year,
the offense shall, upon the discharge of the defendant from the
Division of Juvenile Justice, thereafter be deemed a misdemeanor for
all purposes.

[Quiet]

Have your friend submit a completed Personal Firearms Eligibility Check Application to CA DOJ BOF.
Within 30-120 days, CA DOJ BOF will mail back a response.
The response will provide information on if the person can legally acquire/own/possess a firearm.

[Shasta Frog]

All juvenile violations are misdemeanors, even those that would be felonies as adults. However, some misdemeanors will keep you from owning firearms. I'd suggest he get his record sealed or expunged.

I had both misdemeanors and felonies as a juvenile. One misdemeanor actually prohibited me from buying firearms til I turned 30. Even tho I've been legally buying guns since age 18. I didn't know I was prohibited until I got denied a purchase 2 weeks before my 30th B-Day. Just waited the two weeks then the 10 days and all was good.

And my record was sealed. Everything still came up in my ccw interview last year too Still got my ccw

[The Angry Goat]

you guys rock, thanks so much looks like i'll just have him try and see

[tonyxcom]

Yeah, try it on something cheap like a 10/22 or Hipoint. That way if the FFL charges a restocking fee it will be minimal.

[Quiet]

you guys rock, thanks so much looks like i'll just have him try and see

Problem with that is, if he does turn up as a prohibited person he can be prosecuted for attempting to acquire a firearm.

Which is why the Personal Firearms Eligibility Check Application was implemented. So, that people can check without the possibility of being prosecuted.

[ugimports]

...
And my record was sealed. Everything still came up in my ccw interview last year too Still got my ccw

I learned that "sealed" just means there's a note on your record. All the records exist forever and expunging just puts some extra notes on it. To be very truthful in background checks if you have the option I was told by a lawyer to answer "Yes" to have you been convicted of a misdeamoner/felony and in the comments section: "This was expunged on 2013-01-01..."

That way you're not lying since if you answer "No" (even though everything thinks they should and it would make sense) could technically mean you lied..

I actually have some misdo's to expunge that I haven't yet because I've been lazy to file the paperwork.