Answer a gun application form wrong and you will not only get denied the gun, but also end up charged with a felony and misdemeanor. Three questions on the form in particular trick people up. They are:

f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal Law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

People think “I have a medical marijuana card” so I’m not an unlawful user. NOT TRUE. Under federal law you are still an illegal user, even if okay under state law. So you have to answer YES to this one. While you will get turned down for the gun, you won’t get charged with a crime.

c. 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, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial?

d. Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

Typically someone gets a DUI and gets sentenced to say 90 days. So they answer NO. But the key word here is “could.” If the potential maximum sentence is more than one year, even if you actually got a lot less, and even if it’s a misdemeanor, not a felony, you still have to answer YES. Again, you will not get the gun, but you won’t get a felony or misdemeanor charge either.

If you are thinking of buying a firearm and have any questions about your eligibility, TALK TO AN ATTORNEY FIRST. And if you are charged with a crime as a result of trying to buy a gun, CALL A LAWYER IMMEDIATELY. Often these charges can be negotiated down to a misdemeanor with no jail time.