Criminal Law Questions? Ask a Criminal Lawyer.
Good morning Daniel, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I'm sorry to say that the mere arrest for domestic violence automatically puts a halt to your right to purchase a firearm. If you are acquitted of the charge, or the charges are dropped, then you would regain your right to purchase a gun. I wish you the best in 2013. I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so. You may reply back to me using the Reply to Expert link if you have additional questions. Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation. Thank you, Doug
You wrote: It is not on my criminal record only shows up as an arrest. That may be true, but that was not what I asked, or suggested.We are dealing with federal law here and there was a reason that I stated what I did.Did you take a class, or pay a fine or do any informal probation---or absolutely anything in order for the charged to be dropped?
Thank you for clarifying that Daniel. It was not clear what the word never was intended to mean. If you intimately receive a denial of the right to purchase based on your arrest, then you will need to file an appeal with the FBI. You see the FBI was notified of the arrest---but they were not notified of the dismissal. And, with only the record of arrest for DV---that is an automatic denial under federal law.
If you have been denied a firearm transfer after you have had the charged dismissed and no prosecution of any kind, you may access the following FBI website for information about appealing your denial, and be sure to send a copy of any expungement order you might have with your appeal: http://www.fbi.gov/about-us/cjis/nics/appeals/nics_appeals_brochure_eng
You may reply back to me again, using the Reply to Expert link, if you have additional questions. I wish you the best in your future, Doug
Yes, that might account for the sticking point.Thank you for your positive rating of my service, Daniel. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:http://www.justanswer.com/law/expert-lawtalk/Thanks again.DougWhen you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It would be tremendously appreciated.
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