Can a person that was arrested for domestic violence but not convicted case was dismissed still buy a shotgun? 39 Answers as of May 22, 2013

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Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
Yes, unless you are convicted of a felony or a misdemeanor DV, your firearm rights are not affected.
Answer Applies to: Washington
Replied: 9/5/2012
Law Office of Ronald G. Draper | Ronald G. Draper
Yes.
Answer Applies to: Illinois
Replied: 5/22/2013
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You are a prohibited person if convicted of any felony, have any DV restraining order issued against you, or are held in a psychiatric facility for more than 72 hours.
Answer Applies to: California
Replied: 9/5/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
They would need to apply for the proper license. They are eligible but it is discretionary as to whether the State will grant it.
Answer Applies to: New York
Replied: 9/5/2012
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
Yes, unless there was a conviction, there should not be a prohibition against purchasing a firearm. The only exception would be if they were under a restraining order. You can do your own eligibility check through the Department of Justice - it's a simple background to verify whether or not you're able to purchase a gun.
Answer Applies to: California
Replied: 9/5/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    There should be no restrictions preventing him from purchasing a firearm under these facts.
    Answer Applies to: Kansas
    Replied: 9/5/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    If there is no other restriction or order of protection that prohibits the possession of a firearm, he should be ok.
    Answer Applies to: Missouri
    Replied: 9/5/2012
    Steven Alpers | Steven Alpers
    Unless there was a prior felony or if charge if case dismissed after successful completion of probation then there is the 10 year prohibition after probation.
    Answer Applies to: California
    Replied: 9/5/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    If there are no convictions, then criminal history will not stop that person from buying a shotgun.
    Answer Applies to: Utah
    Replied: 9/5/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If there was no conviction and the case is over, then yes, he could buy a gun. This response is based strictly on this question as I do not know if the person at issue has any other matters that could affect his right to possess a firearm.
    Answer Applies to: Washington
    Replied: 9/5/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/22/2013
    Myles Hahn III Attorney at Law | Myles Hahn III
    You must be issued a valid Firearm Owners Identiifcation card by the Illinois State Police.
    Answer Applies to: Illinois
    Replied: 9/5/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    if the charges were dismissed, the person does not have a conviction and there should be no impediment to purchasing a firearm. If the charges were dismissed, the person should ask the court for an order destroying their arrest record and fingerprints. Once the order is entered, it should be filed with both the arresting police agency and the Michigan State Police. This should remove any record of the arrest from the public record.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Yes, but it would probably be wise to Petition to Seal the arrest records. Good luck!
    Answer Applies to: Colorado
    Replied: 9/5/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    No. Need to seal.
    Answer Applies to: Nevada
    Replied: 9/5/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You should be able to do so as long as you have not been convicted, you are not on probation, or you are not on bond.
    Answer Applies to: Alabama
    Replied: 9/5/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes.
    Answer Applies to: Florida
    Replied: 5/22/2013
    T.K. Byrne | Timothy K. Byrne
    Depends on your state law
    Answer Applies to: Mississippi
    Replied: 9/5/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    No conviction no impediment to purchase a weapon.
    Answer Applies to: Rhode Island
    Replied: 9/5/2012
    VANJOHNSON LAW FIRM, LLC
    VANJOHNSON LAW FIRM, LLC | Anthony Overton Van Johnson
    The law in Georga prohibits anyone who has been convicted of a felony from possessing a firearm. There are also firearms restrictions for anyone who has been convicted of family violence battery. If there has been no actual conviction, unless a court order states otherwise, you are permitted to own a firearm in the State of Georgia.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes only a conviction disqualifies one from owning a gun. Unless a judge told you otherwise, you are probably ok.
    Answer Applies to: Washington
    Replied: 9/5/2012
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