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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 4374
Experience:  Almost 12 years of legal experience, primarily in criminal law
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I have a question about the case of brandishing firearm.

Resolved Question:

I have a question about the case of brandishing firearm.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 7 years ago.
What's your question?
Customer: replied 7 years ago.
I was convicted a charge of Brandishing Firearm and now it is dismissed but I just want to know that do may I able to get a Firearm License after dismissing the case. I check my records from FBI and they are showing the case of Brandishing Firearm but my State Police has no records. So what I do and how I receive a license of Firearm becasue I am a member of National Rifle Association and I want to be a hunter but to learn how to hunt a animal we need to buy a firearm.
Expert:  Hammer O'Justice replied 7 years ago.
Thanks for clarifying. If the charge was dismissed, even if it appears on your record, it does not affect your firearm rights. The only thing that affects your right to own a firearm is if you have a conviction of a felony or a misdemeanor punishable by more than one year in jail. A mere arrest does not strip you of your firearm rights.

But, since the charge was dismissed, you can request an expungement of the arrest record. The court clerk's office should have the forms for the expungement.
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Customer: replied 7 years ago.
Thanks but I check my state police records and they have no records but FBI have my records and they have my records becasue of Fingerprints I check my FBI records by my fingerprints.

I bring the firearms handgun permit application and in the application I am confused to answer 2 questions and they are 1. Have you ever convicted of a felony offense 2. Have you been convicted of a misdemwanor offense within the five year period immediately pending the application, yes or no. So what I do do I write yes or no and yeah I never went to jail for one year and this case was dismissed on August 05 and I don't think that I want to expunge it becasue I check my state police records and they have no records only FBI have the records.
Expert:  Hammer O'Justice replied 7 years ago.
You have never been convicted, so you can honestly answer no to both questions. A dismissal is not a conviction. The government cannot take away your firearms rights based on a mere arrest. Your record should reflect the fact that the case was dismissed, and will not interfere with the permit.

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