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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26803
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I have had a petty theft charge , that was approx 15 years

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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.
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!

Customer: 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.
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