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LawTalk
LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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Can an arrest but no conviction for DV keep me from purchasing

Customer Question

Can an arrest but no conviction for DV keep me from purchasing a gun? My application has been delayed for 30 days now.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

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



Customer: replied 1 year ago.
The arrest was back in 2001 and they found that it was self defense from the statement my ex wife gave. The charges were dropped against me
Expert:  LawTalk replied 1 year ago.
When you say dropped---do you mean 100% dropped?

Not that you did 6 months informal probation, or took a class or paid a $20 fine and they dismissed the charges---but you were never prosecuted, you never cut a deal with the DA---nothing like that?
Customer: replied 1 year ago.
Never
Customer: replied 1 year ago.
It is not on my criminal record only shows up as an arrest
Expert:  LawTalk replied 1 year ago.

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?

Customer: replied 1 year ago.
My first response was never
Expert:  LawTalk replied 1 year ago.

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





LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 3 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Doug. That might be why it is perpetually stuck in "delayed" status. Not denied
Expert:  LawTalk replied 1 year ago.

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.

Doug

When 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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