Can I own a gun after getting a drug possession conviction? 3 Answers as of March 03, 2011

Can I get a gun after having a possession of marijuana less than 40 grams? The reason for the question is that I want to go hunting and would of course need a gun. I live in the state of Washington.

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Andersen Law PLLC
Andersen Law PLLC | Craig Andersen
That would depend on a couple things. If the possession conviction was more than five years ago since you completed probation, you can have that case vacated and dismissed; as long as you don't have any new criminal convictions. The reason it depends, is people who are addicted to an illegal substance are barred by federal law from owning or possessing firearms. If you have no other record, or have completed treatment, you should have no problem. One bust does not necessarily make an addict. My advice would be to try and buy a firearm. If the feds clear you, you're home free. If not, we will have to have a look at your record and do some cleanup. Please contact me should you have any other questions or concerns.
Answer Applies to: Washington
Replied: 3/3/2011
Law Office of Michael Brodsky
Law Office of Michael Brodsky | Michael Brodsky
If you are convicted of a felony, which most drug possession offenses outside of simple marijuana possession are, you will lose your right to possess a firearm.
Answer Applies to: Washington
Replied: 2/28/2011
Mercado & Hartung
Mercado & Hartung | Stephanie Hartung
Removal of gun rights is not a standard or mandatory condition of a possession of a marijuana misdemeanor charge. Were you charged with anything else in addition? A court can add conditions that you must abide, but those would be contained in your Judgement and Sentence, which is the document that was given to you by the court when you plead guilty. Typical conditions include, no further law violations, no possession of controlled substances, and compliance with drug evaluation and any recommended treatment. Depending on the facts of your case, the judge could have added the condition of no possession of a firearm, but that is unusual and would have been conveyed to at the time of sentencing. Check your Judgement and Sentence to know for sure, or call the attorney that helped you on the case.
Answer Applies to: Washington
Replied: 2/27/2011
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