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Christopher B, Esq.
Christopher B, Esq., Lawyer
Category: Criminal Law
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Experience:  associate attorney
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Can a (16-13-30(j) GA) 3517 prevent me from purchase of fire

Customer Question

Can a (16-13-30(j) GA) 3517 prevent me from purchase of fire arm if I was never convicted of a felony
JA: You're dealing with a tough issue. But don't worry -- you're in good hands. Because laws vary from state to state, could you tell me what state is this in?
Customer: Ga
JA: Have you consulted a lawyer yet?
Customer: No
JA: Please give me a bit more information, so we can help you best.
Customer: Trying to purchase a firearm but I was denied
JA: Is there anything else important you think the Criminal Lawyer should know?
Customer: Yes I have never been convicted of a felony offence
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Criminal Lawyer about your situation and then connect you two.
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Christopher B, Esq. replied 10 months ago.

My name is***** and I will be helping you with your question today. This is for informational purposes only and does not establish an attorney client relationship.

All 50 states must follow the federal gun law possession ban. In your state, when you are looking to possess a gun, you will run into it as well. Check with a local lawyer to make sure you can reinstate your civil rights so you may own a gun legally.

Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what the law in your particular state says: (1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Fugitive from justice; (3) Unlawful user of or addicted to any controlled substance; (4) Adjudicated as mentally defective or has been committed to a mental institution; (5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa; (6) Discharged from the US military by dishonorable conditions; (7) A former citizen of the United States who has renounced US citizenship; (8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or (9) Convicted of a misdemeanor crime of domestic violence .... Cannot lawfully receive, possess, ship, or transport a firearm.

Since your convictions fall into #3, as a practical matter under federal law, you can never legally own a gun again no matter what your state law says. It does not matter if it was not felony. The law dos not make this distinction.

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