QUESTION
Will I ever be able to buy a gun to go hunting if I am convicted of 5th Degree domestic assault before?
Asked on Aug 28th, 2012 on Criminal Law - Michigan
More details to this question:
In August of 2004, I was convicted of 5th Degree domestic assault. I am wondering if it will ever go off my record and will I ever be able to buy a gun to go hunting?
12 ANSWERS
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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There is no such crime in Florida that I am aware of. No fifth degree misdemeanor and no fifth degree felony. You must be from another state.
Answered on May 29th, 2013 at 10:38 PM
If you have only one prior conviction and it is over five years old, you can petition to have it expunged from your record. Seek the help of an experienced attorney. Good luck!
Answered on Sep 05th, 2012 at 8:42 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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In California there's no "5th Degree Domestic Assault." The short answer is, if you suffered a felony you cannot possess a firearm in California.
Answered on Sep 05th, 2012 at 8:33 PM
Dennis P. Mikko
If it is a felony conviction, you will be prevented from owning a firearm. Depending on the type of felony, after a given period of time, you may be able to seek permission to own a firearm.
Answered on Aug 29th, 2012 at 4:41 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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You are prohibited for life from possessing firearms if ever convicted of any felony, ever subjected to any domestic violence restraining order, or ever committed to any psychiatric institution involuntarily for more than 72 hours. Some misdemeanors carry 5-10 year prohibitions. You can go to a gun dealer and pay to do a "non purchase" eligibility check if unsure.
Answered on Aug 29th, 2012 at 4:39 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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If it's your only felony, you can have it expunged which should allow you to get a shotgun. If two or more felonies or misdemeanors, your conviction cannot be expunged and thus no shotgun.
Answered on Aug 29th, 2012 at 4:38 PM
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? If you are prohibited from possessing a firearm, you cannot possess one until the right to do so has been restored to you by the judge... even if the case is over.
Answered on Aug 29th, 2012 at 4:37 PM
You may qualify for a pardon which restores gun rights & political rights as well. You should consult with an attorney who practices in the area of pardons.
Answered on Aug 29th, 2012 at 4:37 PM
3 Awards
Domestic violence means that you do not get to own a gun. But you probably can bow hunt. You can hunt with a gun in other countries.
Answered on Aug 29th, 2012 at 4:36 PM
Thomas Edward Gates
You can petition the court for reinstatement of your right to own a firearm.
Answered on Aug 29th, 2012 at 4:34 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I don't know what 5th degree domestic assault is because that is not terminology used in California. California law provides at least a 13 year period, probation plus 10 years until you could own a gun. If any of your convictions are felony convictions then you cannot own a gun during your lifetime.
Answered on Aug 29th, 2012 at 4:34 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It is possible that you can have the conviction expunged which would clear your record. Call my office with details and for an appointment.
Answered on Aug 29th, 2012 at 4:33 PM