Can you own a handgun after a charge was dismissed? - Criminal Law Questions and Answers- LawQA.com

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Can you own a handgun after a charge was dismissed?

Can you buy a handgun in California if you were arrested for domestic violence and later got it dismissed?

Law Office of Mark Bruce
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The prohibitions for gun ownership in the criminal context only apply to convicted persons or persons still in the system. If your criminal case was dismissed, there are not criminal prohibitions. But if there is a restraining order against you, you still will be prohibited.

Answer Applies to: California
Replied: 8/4/2011

Law Office of Peter F. Goldscheider
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Yes, although you should be sure that the restraining order that was issued when the case was pending has been dissolved as well as that is a bar to gun ownership.

Answer Applies to: California
Replied: 8/4/2011

Lowenstein Law Office
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It depends on several factors.

Answer Applies to: California
Replied: 8/4/2011

Law Office of Eric Sterkenburg
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Yes you can own a hand gun if you do not have a conviction.

Answer Applies to: California
Replied: 8/3/2011

Answer By Gabriel Dorman
The Law Offices of Gabriel Dorman
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The answer depends on whether or not you were actually convicted of domestic violence at some point. In other words, were you convicted and, at some point thereafter, had that conviction expunged? If that is the case then the answer to your questions is No. If you were convicted of a misdemeanor domestic violence, there is a 10 year prohibition from the state of California for which expungement does not affect.

Answer Applies to: California
Replied: 8/2/2011

Answer By Edward J. Blum
Law Office of Edward J. Blum
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Yes. But you need to make sure that the Criminal Protective Order (CPO) was dismissed when your case was dismissed. You need to make sure your attorney filed a CR-165 with the court. That way the CPO is taken out of the system. Call me, I can help you with this.

Answer Applies to: California
Replied: 8/2/2011

Answer By Terry Nelson
Nelson & Lawless
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A dismissed case is not a conviction. A felony conviction makes you a prohibited person under state and federal law, even if the conviction is dismissed by expungement, if that is what you meant. However, if you had a Domestic Violence restraining order imposed upon you, then you are a prohibited person for that reason. A prohibited person may not possess firearms or ammo. It would be a felony for you to do so.

Answer Applies to: California
Replied: 8/2/2011

Answer By Dennis Roberts
Dennis Roberts, a P.C.
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If DISMISSED it is ok but not if diversion.

Answer Applies to: California
Replied: 8/2/2011

Law Offices of Martina A. Vigil, PC
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It depends. If your entire case was dismissed; yes. If your charges were reduced through plea bargain negotiations and you plead guilty to a lesser charge there still may be a provision stating you cannot own or possess a handgun for a specified amount of time.

Answer Applies to: California
Replied: 8/2/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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Yes you can if it was a complete dismissal. However, if it was only reduced to something else, then no.

Answer Applies to: California
Replied: 8/2/2011

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