How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23170
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Type Your Criminal Law Question Here...
Zoey_ JD is online now
A new question is answered every 9 seconds

I have had a petty theft charge , that was approx 15 years

This answer was rated:

I have had a petty theft charge , that was approx 15 years ago and I have had a marijuana charge, that was 7 years ago. I got first offender on both, completed rehab and probation successfully. Both cases were dismissed. can I purchase a hand gun? I live currently reside in West Virginia, but both offenses took place in virginia. I checked my file and the judge didn't tag on that I couldn't own a firearm to the marijuana charge. Not sure about the other. They don't have the file at the court house.
Hi Jacustomer,

As both of these crimes were both misdmeanor charges and in Virginia the maximum possible sentence on a misdemeanor is a year, you never lost your gun rights.

If you have no other barriers to your gun rights, such as a protective order out against you, an addiction, a period of involuntary psychiatric commitment to a mental health facility, you should be able to clear a NICs check and own a firearm. These adjudicated dismissals should not stand in the way of a gun purchase.

Good luck!

Customer: replied 4 years ago.
Does the same apply for a concealed carry weapons permit, Or is that left in the hands of the sheriffs department to which I will have to apply? And thank you for responding so quickly! You are the first lawyer to have a clue!
Hi Jacustomer,

While your 2nd Amendment rights are fundamental, your carry permit is a privilege not a right, and it's going to be up to the sheriff. Your convictions are far enough in the past so that you would have a chance, but officers don't like mixing guns and drugs. So if they are not convinced that all of that is in the past, they may deny you the carry permit.
Zoey_ JD and 2 other Criminal Law Specialists are ready to help you

Related Criminal Law Questions