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Can someone convicted of a juvenile felony own a firearm as an adult?

Topeka, KS |

I live in topeka ks, and at the age sixteen was convicted of agg. att. robbery for trying to snatch a purse.I was sentenced to 2 years.I am now 24 and have been in no trouble with the law since.It was a stupid mistake and am just wondering if i can get a gun for home defense.No firearm was used in the crime.

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Attorney answers 3

Posted

Unless you were waived or transferred to adult court you matter is most probably a juvenile delinquency adjudication and if you or your lawyer review the charging documents and ordered of the court sentencing you to two years, you will probably find language that alleges that you committed an act "that would have been attempted aggravated robbery" if you had been an adult, however due to your age the charging document is most likely a petition alleging you to be a delinquent child. If so you were never convicted of a felony, but rather adjudicated to be a delinquent child and as such lose none of your civil rights nor does the federal law prohibiting felons from possessing firearms apply to you since you would not be a convicted felon. It is advisable to have the lawyer who represented you review this or to hire a new lawyer to be certain this is how you and your case were treated.

Posted

If you are a convicted felon, federal law deems you a "prohibited person" as regards firearms. You cannot lawfully pick one up, still less own it.

You may wish to have the docket reviewed by an attorney versed in criminal law to confirm that you were actually convicted of a felony, or at least talk to your parole officer, on the slight chance that the conviction was for a lesser offense. IF so, you may be eligible to own a firearm.

Posted

Federal law reads, in pertinent part, as follows:

TITLE 18, PART I, CHAPTER 44, § 922 - Unlawful acts

(g) It shall be unlawful for any person —

(1) who has been convicted in any court of, a crime punishable by imprisonment
for a term exceeding one year;

Note the key phrase, "...in any court." Application of the Federal law to state firearms licensing is affected by the Caron decision.

Again, a review of your record by an attorney versed in criminal law would be required to accurately assess your situation.

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