If you had a misdemeanor charge thrown out can you possess or purchase firearms?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you had a misdemeanor charge thrown out can you possess or purchase firearms?
If someone had a misdemeanor charge of dissuading a witness from reporting a crime but the charges were thrown out in a court hearing, does it still prevent you from buying or owning a gun? I am not sure because when I look for legal information it never mentions anything about it. Am I to assume that the gun prohibition stands regardless or that if it is thrown out it is over? I have sent in a weopens elligibility request to the DOJ but have yet to receive a reply. If it is still in effect, is there something I can do to oppose it?
Asked on July 3, 2016 under Criminal Law, California
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the charge was officially dismissed and the case has ended... then you are no longer subject to the charge which means that you can possess a firearm. However, if the case is still pending, you should avoid possessing a firearm until you have a final court document that says the case is closed or finally dismissed. If you are not sure whether or not your case is closed, you may want to hire an attorney for the limited purpose of wrapping up the closure of your case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.