Tucson, AZ asked in Criminal Law and Constitutional Law for Arizona

Q: I was convicted of misdemeanor possession of offensive weapon in NYS in 1992. Will this prevent me from purchasing a

Firearm in my now residential state of Arizona. The p.o.w. charge was for a knife with knuckle holes laying in the back of my truck. Said knife is not illegal in Arizona so would that fall under state misdemeanor?

1 Lawyer Answer

A: It sounds like you are referencing a fourth degree weapons charge. That is a class A misdemeanor in New York, punishable by up to 364 days in jail. Since the crime you were convicted of does not carry the potential for incarceration over one year, you should be able to pass a background check. If you are denied your right to purchase, I would consult with an attorney who specializes in FBI NICS appeals.

If you go initiate a firearm purchase, you should know within minutes whether you have a problem or not. The easiest way to answer your question is to go to a gun store and pick out something you like.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.