I am a first time offender. i was charged with possesion of marijuana within 1000 ft. of a school. the amount was 74 grams (1 1/2 ounces) which made it a felony. I have never been in trouble before but i couldn't use my title 40 or judicial diversion because of the school zone. I served 1 year in county jail & am currently on state probation till february. I would like to have my gun rights back after i get off probation. any info will be greatly appreciated. THANKS
Estate Planning Attorney
Only convictions or adjudications are counted against you to create a federal firearms disability. If you are offered diversion, the usual procedure is to put you on probation while you complete the agreement. If you complete the terms, the charges are dropped. Dropped charges are not a conviction or adjudication (at least where I'm from). If you are adjudicated or convicted or both, state felonies and major misdemeanors can be addressed through executive clemency. Federal felonies and major misdemeanors require a presidential pardon which is statistically very rare.
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