Will I ever be able to buy a gun to go hunting if I am convicted of 5th Degree domestic assault before? 26 Answers as of July 17, 2013

In August of 2004, I was convicted of 5th Degree domestic assault. I am wondering if it will ever go off my record and will I ever be able to buy a gun to go hunting?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You could hire an attorney to try to get the conviction expunged.
Answer Applies to: New York
Replied: 9/9/2012
Blough Law Office | Janis L. Blough
If you have only one prior conviction and it is over five years old, you can petition to have it expunged from your record. Seek the help of an experienced attorney. Good luck!
Answer Applies to: Michigan
Replied: 9/5/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
In California there's no "5th Degree Domestic Assault." The short answer is, if you suffered a felony you cannot possess a firearm in California.
Answer Applies to: California
Replied: 9/5/2012
Dennis P. Mikko Attorney at Law | Dennis P. Mikko
If it is a felony conviction, you will be prevented from owning a firearm. Depending on the type of felony, after a given period of time, you may be able to seek permission to own a firearm.
Answer Applies to: Michigan
Replied: 8/29/2012
Law Office of Ronald G. Draper | Ronald G. Draper
Federal and state law may stop you from having a weapon. Consult with a lawyer about recent court rulings.
Answer Applies to: Illinois
Replied: 8/29/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A conviction for domestic violence is a permanent record and causes loss of right to own or possess a firearm.
    Answer Applies to: Alabama
    Replied: 8/29/2012
    Law office of Robert D. Scott | Robert Scott
    A firearms dealer can tell you whether your conviction prevents you form buying a firearm.
    Answer Applies to: Maryland
    Replied: 8/29/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    You are prohibited for life from possessing firearms if ever convicted of any felony, ever subjected to any domestic violence restraining order, or ever committed to any psychiatric institution involuntarily for more than 72 hours. Some misdemeanors carry 5-10 year prohibitions. You can go to a gun dealer and pay to do a "non purchase" eligibility check if unsure.
    Answer Applies to: California
    Replied: 8/29/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    No.
    Answer Applies to: Wyoming
    Replied: 5/22/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You cannot own or possess a weapon if you were convicted of a felony. If you have a misdemeanor you can apply for a gun permit but you may have a problem. If you are a felon and are caught with a gun it is a serious felony that could result in a prison sentence. Call my office and I will determine what your conviction was for and what your options are. There is no Assault in the Fifth Degree. Assault First and Second are felonies, Assault in the Third Degree is a misdemeanor. If you got three years probation it was a misdemeanor. If it was 5 years that is a felony.
    Answer Applies to: New York
    Replied: 8/29/2012
    Law Office of William L Spern | William Spern
    If it's your only felony, you can have it expunged which should allow you to get a shotgun. If two or more felonies or misdemeanors, your conviction cannot be expunged and thus no shotgun.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    What does your court order say? If you are prohibited from possessing a firearm, you cannot possess one until the right to do so has been restored to you by the judge... even if the case is over.
    Answer Applies to: Washington
    Replied: 8/29/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    These type of convictions will have a collateral effect of your losing your right to own or possess a firearm. This is a Federal right and it will take a Federal judge to restore this right.
    Answer Applies to: Kansas
    Replied: 8/29/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Sorry, not likely to be able to purchase a weapon.
    Answer Applies to: Nebraska
    Replied: 8/29/2012
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    You may qualify for a pardon which restores gun rights & political rights as well. You should consult with an attorney who practices in the area of pardons.
    Answer Applies to: Alabama
    Replied: 8/29/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Domestic violence means that you do not get to own a gun. But you probably can bow hunt. You can hunt with a gun in other countries.
    Answer Applies to: Colorado
    Replied: 8/29/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    There is no such crime in Florida that I am aware of. No fifth degree misdemeanor and no fifth degree felony. You must be from another state.
    Answer Applies to: Florida
    Replied: 5/29/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    You will always be subject to a federal statute that disallows gun possession in your situation. It is possible to petition the court for expungement of the conviction. Your chances would be better when ten (10) years have elapsed since your conviction. This is because the former conviction would be used to make another charge more serious if the first conviction occurred within 10 years of a new charge.
    Answer Applies to: Minnesota
    Replied: 8/29/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Most domestic violence convictions exclude you, under Federal Law, from owning a gun. But some convictions, although just a few, don't carry that exclusion.
    Answer Applies to: Colorado
    Replied: 8/29/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You need to go to that state and ask a lawyer that practices in that state, because that is not GA.
    Answer Applies to: Georgia
    Replied: 7/17/2013
    Gates' Law, PLLC | Thomas E. Gates
    You can petition the court for reinstatement of your right to own a firearm.
    Answer Applies to: Washington
    Replied: 8/29/2012
    Steven Alpers | Steven Alpers
    I don't know what 5th degree domestic assault is because that is not terminology used in California. California law provides at least a 13 year period, probation plus 10 years until you could own a gun. If any of your convictions are felony convictions then you cannot own a gun during your lifetime.
    Answer Applies to: California
    Replied: 8/29/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It is possible that you can have the conviction expunged which would clear your record. Call my office with details and for an appointment.
    Answer Applies to: Michigan
    Replied: 8/29/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    You must research the statutes of the state and city in which you live. If you cannot do that, then retain an attorney in your jurisdiction to do so. Each state and city defines its laws differently. They also have different laws for expungement, or removal of items from criminal histories.
    Answer Applies to: Illinois
    Replied: 8/29/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Yes if it was a misdemeanor. You need to petition the court where you were convicted to vacate the conviction. Then you need to petition the Superior Court in that county to restore you firearms rights. Call me if you would like to know more.
    Answer Applies to: Washington
    Replied: 8/29/2012
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