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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26008
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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can u get a gun after a class A misdemener with a 2 year deferred

Customer Question

can u get a gun after a class A misdemener with a 2 year deferred sentence
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX X'X a Criminal Law litigation attorney.
Customer:

hey

Customer:

can i get a buy a gun or go hunting i one gets a class a misdemener with a 2 year deffered sentence

Kirk Adams : North Dakota law bars gun possession by persons who have been convicted of a Class A misdemeanor involving violence or intimidation and the use of a firearm and have been imprisoned or on probation within five years.
Customer:

well what does deffered sentence mean

Kirk Adams : Once the terms of the deferred sentence are completed, your offense should be labeled as you not being convicted.
Customer:

so then does it mean that after the 2 years r offensive free i am ok to to go hunting and buy one

Kirk Adams : If that occurs, then your right to own a a firearm should be restored.
Kirk Adams : Also, if your crime wasn't a violent offense, you likely would never have lost your rights anyway.
Kirk Adams : USUALLY, once the terms of your sentence are completed, you can contact the court about making sure your record is cleared and all rights resotred.
Customer:

so how does one fill out a gun app. what do they put on there on crimes do i put that on it class a

Kirk Adams : Once your offense has been dismissed, you can honestly state that you've haven't been convicted of this crime.
Kirk Adams : The best thing to do is contact the court clerk's office once your requirements under the deferred adjudication are complete, and ask if you need to do anything to make sure your record is clear.
Kirk Adams : Sometimes, you'll need to fill out a form, and sometimes, the court automatically does this paperwork to wipe the charge off of youro record.
Customer:

can my with have a gun aand if so can i go hunting with her or can she have a gun in the house

Kirk Adams : Legally, she can't have a gun in the house because you would also have access to it. Also, you couldn't go hunting with her because you would have access to the weapon.
Customer:

even if she has the key to the gun safe and i dont know where it is

Kirk Adams : Yes.
Kirk Adams : The court isn't going to buy that you couldn't get access to the gun if it's in your house.
Customer:

ok thank you i hope u have gave me the correct answers and if so thank you so much it been good talkin to u

Kirk Adams : No problem. Glad to help.
Kirk Adams : I'm sorry the news ins't the best, XXXXX XXXXX least you know you can get your rights restored after the deferred adjudication and sentence requirements have been completed.
Customer:

yeah just 2 years to go then i can take my kidos hunting and by the way i agreeded to the plea because i have a family to take care of or i would have took it all the way because i feel i was in the right and so does 3/4 of the town but family comes 1st

Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 26008
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 8 other Criminal Law Specialists are ready to help you

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