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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27009
Experience:  Handle criminal matters in both state and federal courts.
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I have a violation of a protective order from 1998, which carried

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I have a violation of a protective order from 1998, which carried a 180 day suspended sentence, unsupervised probation plus $150 fine. There was no domestic violence or anything. I just got my OSBI report a few days ago, and it only shows an Obstruction of a court order, and there is no disposition listed, that area is blank. There is no mention of the violation of a protective order on the OSBI check. I am getting the protective orders dismissed next week, will they show on any records if I try and get a CCL? I have a total of 3 misdemeanors on my record, a shoplifting charge back in 1989, which carried a $100 fine and a 180 days unsupervised probation. Since the Violation of a Protective order is not listed on the report, just the obstruction charge, and I am getting the 2 protective orders dismissed, will i be able to purchase a firearm and get my CCL? One of the stipulations of the violation of the protective order was that while on probation, I will not possess or purchase a firearm, the probation ended back in 1999. Why doesn't the violation of protective order show up? I asked the court clerk, and she spoke with the judge, and he said that since one of the conditions was that I do not own, possess or purchase a firearm while on probation, and that the one year has passed (back in 1999) it's over, probation is over, so are all the stipulations.

Samuel-II :

Hi

Samuel-II :

If there was no domestic violence and there are no felonies there are no reasons you cannot exercise your Second Amendment Rights with firearm purchase, possession or ownership

Samuel-II :

The probation is over and so are the terms and conditions of that probation

Samuel-II :

The dismissal of the protective order should also remove it from your record. However, note, that they can deny a CCL to anyone who has had a protection order within 3 years of the CCL application

Samuel-II :

So you want to be certain that when you get the dismissal you also request to have it removed from your record.

Customer:

What is involved in the dismissal of the po? I do not even know where my ex-wife or her sister are. The funny thing is, that my ex lifted the order on her children, not mine, but kept in on herself. I got my OSBI check a few days ago, and it only showed an obstruction of a court order, but the court disposition side was blank. When doing the NCIC or NICS checks, with the violation show up, or just the obstruction?

Samuel-II :

Whatever the court record has will come up on the NCIC

Samuel-II :

And if you are saying you are not seeing the violation, then it is not reported on the court record

Samuel-II :

When you go to your hearing to have the PO dismissed you have to show that you are not a threat to the person or persons

Samuel-II :

You can explain that you have no idea where she even lives nor do you cae

Samuel-II :

care. You are not threat and never have been a threat and you are not even sure why it was issued

Customer:

Are there any forms I need to take with me? I thought I'd take the OSBI report and a family photo of me, my wife, and two daughters, one of which we just adopted one of them. Will it mater if the report says that I was charged with a felony, but it was reduced to a misdemeanor regarding the b and e? Can you tell me why the judge might have not entered the violation of protective order, but just the obstruction charge, just curious. The violation was because I sent a letter regarding the step kids welfare, but nothing threatening or abusive.

Samuel-II :

If it was a felony, then reduced the reduced charge should be reflected.

Samuel-II :

I have no idea why the court did not document the violation. But if it is not on the record, it cant be revealed

Customer:

Okay, so they can't ask, what was the obstruction charge when i go to purchase a firearm? When I answer the questions on the form, do i check "no" when it asks if I have ever been charged with domestic violence or have had a protective order filed against me?

Samuel-II :

You would answer NO to the domestic violence, if it is not logged as such in the court records. Also you would have to state that you had a PO but it was dismissed. You may have to wait that 3 years I was telling you about with the Dismissal before you can apply - as I stated, they will not issue a CCL unless it has been 3 years

Customer:

Okay, but what about when buying a firearm?

Samuel-II :

You should be able to buy a firearm - but you would not be able to CCL until dismissed for 3 years or the PO

Samuel-II :

Purchase, however, should be no problem

Customer:

Okay, so after the po's are dismissed, I need to request they be removed from my record, after that, I need to wait 3 years for the ccl. When answering questions on the gun purchase forms, I need to answer yes, on the protective order question, but also state that they were dismissed.

Samuel-II :

That is correct

Samuel-II :

If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

Customer:

Okay, thank you!

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