Was accused of domestic violence in Virginia and at court i was offered to take a plea deal,

Asked over 1 year ago - Hampton, VA

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?

Attorney answers (2)

  1. James Donald Garrett

    Contributor Level 20

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    Answered . 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... more
  2. James Regan

    Pro

    Contributor Level 20

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    Answered . 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 ยง 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.

    Elements:
    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

    Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.

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