Can you own a handgun after a charge was dismissed? 10 Answers as of August 04, 2011

Can you buy a handgun in California if you were arrested for domestic violence and later got it dismissed?

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Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
The prohibitions for gun ownership in the criminal context only apply to convicted persons or persons still in the system. If your criminal case was dismissed, there are not criminal prohibitions. But if there is a restraining order against you, you still will be prohibited.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes, although you should be sure that the restraining order that was issued when the case was pending has been dissolved as well as that is a bar to gun ownership.
Answer Applies to: California
Replied: 8/4/2011
Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes you can own a hand gun if you do not have a conviction.
Answer Applies to: California
Replied: 8/3/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
The answer depends on whether or not you were actually convicted of domestic violence at some point. In other words, were you convicted and, at some point thereafter, had that conviction expunged? If that is the case then the answer to your questions is No. If you were convicted of a misdemeanor domestic violence, there is a 10 year prohibition from the state of California for which expungement does not affect.
Answer Applies to: California
Replied: 8/3/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. But you need to make sure that the Criminal Protective Order (CPO) was dismissed when your case was dismissed. You need to make sure your attorney filed a CR-165 with the court. That way the CPO is taken out of the system. Call me, I can help you with this.
    Answer Applies to: California
    Replied: 8/3/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    A dismissed case is not a conviction. A felony conviction makes you a prohibited person under state and federal law, even if the conviction is dismissed by expungement, if that is what you meant. However, if you had a Domestic Violence restraining order imposed upon you, then you are a prohibited person for that reason. A prohibited person may not possess firearms or ammo. It would be a felony for you to do so.
    Answer Applies to: California
    Replied: 8/3/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If DISMISSED it is ok but not if diversion.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It depends. If your entire case was dismissed; yes. If your charges were reduced through plea bargain negotiations and you plead guilty to a lesser charge there still may be a provision stating you cannot own or possess a handgun for a specified amount of time.
    Answer Applies to: California
    Replied: 8/3/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes you can if it was a complete dismissal. However, if it was only reduced to something else, then no.
    Answer Applies to: California
    Replied: 8/3/2011
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