QUESTION
Can I own a gun after a misdemeanor brandishing conviction?
Asked on Aug 23rd, 2012 on Criminal Law - New Jersey
More details to this question:
I was recently convicted of brandishing a fire arm in public. It was a misdemeanor.
12 ANSWERS
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 28th, 2013 at 9:55 PM
Leonard A. Kaanta
Yes.
Answered on May 24th, 2013 at 2:05 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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What does your court order say? Read the court order. I suspect that there is a provision restricting you from possessing. If so, you need to make a request for reinstatement before the sentencing judge.
Answered on Aug 27th, 2012 at 12:53 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You will have to review 18 United States code 922.
Answered on Aug 27th, 2012 at 12:52 AM
In Nevada, a person does not lose their 2nd Amendment right to own a gun because of a misdemeanor conviction for brandishing a firearm in public. The only misdemeanor conviction which would affect the right to own a firearm is Domestic Battery.
Answered on Aug 27th, 2012 at 12:52 AM
Michael J. Breczinski
Are you on probation for it? If so then the answer is no. Otherwise maybe it depends on Federal law. Under Statee law you can. They will not let you get a CCW permit until some years have passed though.
Answered on Aug 27th, 2012 at 12:52 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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No. There is a 10 year ban on you possessing a firearm. See California Penal Code section 29805.
Answered on Aug 27th, 2012 at 12:51 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Yes but stop brandishing.
Answered on Aug 27th, 2012 at 12:51 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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There may have been a condition to your probation that you not own, use or possess a gun while you are on probation of for 10 years after, check the court file.
Answered on Aug 27th, 2012 at 12:50 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Read your court sentencing report. If it said no weapons, then no weapons.
Answered on Aug 27th, 2012 at 12:50 AM
Criminal Defense Attorney serving Tarzana, CA
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The Law Office of Anthony A. Roach
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If you were convicted of Penal Code section 417, regardless of the fact that it was charged as a misdemeanor, you cannot own, possess, or have in your custody or control for 10 years after your conviction.
Answered on Aug 24th, 2012 at 3:01 PM
Criminal Defense Attorney serving Cherry Hill, NJ
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Law Offices of Richard Sparaco
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In New Jersey, you could not.
Answered on Aug 23rd, 2012 at 5:27 PM