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I have had a petty theft charge , that was approx 15 years

ago and I have had...
I have had a petty theft charge , that was approx 15 years ago and I have had a marijuana charge, that was 7 years ago. I got first offender on both, completed rehab and probation successfully. Both cases were dismissed. can I purchase a hand gun? I live currently reside in West Virginia, but both offenses took place in virginia. I checked my file and the judge didn't tag on that I couldn't own a firearm to the marijuana charge. Not sure about the other. They don't have the file at the court house.
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Answered in 7 minutes by:
5/1/2012
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,713
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Jacustomer,

As both of these crimes were both misdmeanor charges and in Virginia the maximum possible sentence on a misdemeanor is a year, you never lost your gun rights.

If you have no other barriers to your gun rights, such as a protective order out against you, an addiction, a period of involuntary psychiatric commitment to a mental health facility, you should be able to clear a NICs check and own a firearm. These adjudicated dismissals should not stand in the way of a gun purchase.

Good luck!

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Customer reply replied 5 years ago
Does the same apply for a concealed carry weapons permit, Or is that left in the hands of the sheriffs department to which I will have to apply? And thank you for responding so quickly! You are the first lawyer to have a clue!
Hi Jacustomer,

While your 2nd Amendment rights are fundamental, your carry permit is a privilege not a right, and it's going to be up to the sheriff. Your convictions are far enough in the past so that you would have a chance, but officers don't like mixing guns and drugs. So if they are not convinced that all of that is in the past, they may deny you the carry permit.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,713
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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