Am I eligible to purchase a firearm ifI complete a diversion program?
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Am I eligible to purchase a firearm ifI complete a diversion program?
I was arrested for reckless discharge of a firearm in IL(D felony). Since a reasonable person would not realize a risk (one in a million ricochet off my backstop flies through ~2000 feet of thick forest, over an implement shed and hits a neighbor standing in his yard a few blocks away, leaving a welt), no charges were filed (circuit clerk search shows no results). I elected to enter diversion rather than fight the charge in court. The diversion did not require entrance of a guilty plea. The gun was confiscated until diversion is complete; they let me keep my foid and other firearms.
Asked on September 11, 2010 under Criminal Law, Missouri
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The general rule is that the successful completion of a diversionary program would mean dismissal of the charges. Therefore, since there is no conviction, once the charge is dismissed it should be erased from the public record and thus not affect your ability to possess a firearm. However, in an abundance of caution I would recommend that you wait until the charges are succesfully dismissed (upon completion of the program) before purchasing another firearm. It would be foolish to be kicked out of the diversionary program due to some unforseeable accident that results from the purchase of the new firearm -- which I am sure you can relate to at this point.
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