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If a domestic violence charge was dismissed can I still own/purchase a firearm in the state of New Mexico?

Albuquerque, NM |

I was charged with Domestic Violence but after completion an Early Intervention Program the case was dismissed and shows dismissed in the court. I want to know if this counts as a conviction. And also if I am subject to the federal law that states someone covicted of a misdemeanor crime of domestic violence are not allowed to purchase a firearm or ammunition.

Attorney Answers 1

  1. Federal law prohibits the possession of a firearm by anyone who has been convicted of a misdemeanor crime of domestic violence, among other things. However, whether you have been "convicted" for purposes of the federal statute is determined by state law. Therefore, if NM considers you not to be convicted (and you should consult with an attorney in NM to confirm), then you will NOT be committing a federal crime by possessing a firearm (and ammunition).