More details to this question:
In October of 2016 I was arrested for an F3 Aggravated Assault charge tagged with DV. I entered a plea in abeyance through a Veteran Treatment Court program. After completing the required terms my case was dismissed with prejudice. The public defender at the time didn’t give me a straight answer on wether or not I would be legally allowed to possess a firearm now that the case had been dismissed. I have been invited to go on hunting trips, social functions at a shooting range with friends, and I would have liked to teach my children how to responsibly handle a weapon for either sport or defense. Am I barred from any/all of the aforementioned activities?
1 ANSWER
The problem is there isn't a clear answer on this issue. By Utah law you should be fine, but whether you're a restricted person federally is a little less clear. The problem is the way the law is written even a plea held in abeyance can still be used as an enhancement against you and there is an argument that means it wasn't really dismissed. It is a conviction still. I think you would have a good defense to any charges because you wouldn't "knowingly" be violating the law. The best advice is to contact Utah's BCI and ask them to do a background check to see if you're eligible. They should tell you yes and keep any documentation they give you.
Answered on Jun 27th, 2022 at 8:51 AM