I took the plea agreement and it involved taking a first time offender class and two years of probation and the cost of all court fees. After the two years probation is it possible to own a firearm again or is this something that will on my record forever?
Criminal Defense Attorney
There is nothing that prevented you from owning a firearm during the probation, unless it was a term of your probation or you were prohibited due to a protective order. You have not been convicted of anything; you merely have a pending charge at this point. If you are convicted of domestic violence, there is a federal statute that prevents you from possessing a firearm anywhere in the U.S., not just VA.
Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.
Best person to ask is your attorney. If you cannot find your attorney, or find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org)
NACDL local members: (http://tinyurl.com/8ru8wtv)
NACDL Local affiliates: (http://tinyurl.com/8akw2gd)
FEDERAL LAW: POSSESSION OF A FIREARM OR AMMUNITION BY A PROHIBITED PERSON:
18 USC § 922(g) & (n). Punishable by up to 10 years imprisonment. Possible minimum sentence of 15 years without parole if offender has three or more prior convictions for a felony crime of violence (e.g. burglary, robbery, assault, possession of offensive weapons) and/or drug trafficking felony.
A. Possession or receipt of a firearm or ammunition;
B. By a subject who falls within one of the following categories: Felons; Addicts; Aliens; Subjects to a domestic restraining order; Prior conviction for domestic assault; Fugitive from justice; or Dishonorably discharged from the military;
C. The firearm or ammunition was transported across a state line at any time.
There may also be state considerations: http://www.handgunlaw.us/states. (I make no representations about the site's accuracy or currentness; you should double check on your state legislature website or local law library.) Another helpful site: http://www.abacollateralconsequences.org
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