QUESTION
Can a person that was arrested for domestic violence but not convicted case was dismissed still buy a shotgun?
Asked on Aug 31st, 2012 on Criminal Law - Mississippi
22 ANSWERS
Child Custody Attorney serving Grand Rapids, MI
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Ryan Maesen PLC
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Yes.
Answered on May 22nd, 2013 at 5:39 AM
Thomas Edward Gates
Yes.
Answered on May 22nd, 2013 at 5:37 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes.
Answered on May 22nd, 2013 at 5:37 AM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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Yes.
Answered on May 22nd, 2013 at 5:37 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 5:36 AM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes.
Answered on May 22nd, 2013 at 5:36 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Yes, unless there was a conviction, there should not be a prohibition against purchasing a firearm. The only exception would be if they were under a restraining order. You can do your own eligibility check through the Department of Justice - it's a simple background to verify whether or not you're able to purchase a gun.
Answered on Sep 05th, 2012 at 11:29 AM
Yes, unless you are convicted of a felony or a misdemeanor DV, your firearm rights are not affected.
Answered on Sep 05th, 2012 at 11:29 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You are a prohibited person if convicted of any felony, have any DV restraining order issued against you, or are held in a psychiatric facility for more than 72 hours.
Answered on Sep 05th, 2012 at 11:29 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If there was no conviction and the case is over, then yes, he could buy a gun. This response is based strictly on this question as I do not know if the person at issue has any other matters that could affect his right to possess a firearm.
Answered on Sep 05th, 2012 at 11:28 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Unless there was a prior felony or if charge if case dismissed after successful completion of probation then there is the 10 year prohibition after probation.
Answered on Sep 05th, 2012 at 11:28 AM
1 Award
If there are no convictions, then criminal history will not stop that person from buying a shotgun.
Answered on Sep 05th, 2012 at 11:28 AM
3 Awards
if no conviction of DV, and the case is closed, then yes if the case is pending, then bond conditions may prevent possession of a gun.
Answered on Sep 05th, 2012 at 11:26 AM
Leonard A. Kaanta
If there was not a conviction, you should be able to buy a shotgun.
Answered on Sep 05th, 2012 at 11:26 AM
An arrest does not prevent you from being in possession of a firearm. A conviction, usually a felony conviction, prevents you from being in possession of a firearm. However, you can apply to have that disability removed in many jurisdictions.
Answered on Sep 05th, 2012 at 11:25 AM
Yes, but it would probably be wise to Petition to Seal the arrest records. Good luck!
Answered on Sep 05th, 2012 at 11:24 AM
Dennis P. Mikko
if the charges were dismissed, the person does not have a conviction and there should be no impediment to purchasing a firearm. If the charges were dismissed, the person should ask the court for an order destroying their arrest record and fingerprints. Once the order is entered, it should be filed with both the arresting police agency and the Michigan State Police. This should remove any record of the arrest from the public record.
Answered on Sep 05th, 2012 at 11:24 AM
James Edward Smith
No. Need to seal.
Answered on Sep 05th, 2012 at 11:24 AM
Michael J. Breczinski
Of course as long as there are no PPOs against you.
Answered on Sep 05th, 2012 at 11:23 AM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
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Timothy Kevin Byrne Attorney at Law
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Depends on your state law
Answered on Sep 05th, 2012 at 11:22 AM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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No conviction no impediment to purchase a weapon.
Answered on Sep 05th, 2012 at 11:22 AM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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The law in Georga prohibits anyone who has been convicted of a felony from possessing a firearm. There are also firearms restrictions for anyone who has been convicted of family violence battery. If there has been no actual conviction, unless a court order states otherwise, you are permitted to own a firearm in the State of Georgia.
Answered on Sep 05th, 2012 at 11:22 AM