I was falsely accused of DV in Arizona and the charges were eventually dropped
I am now in California and want to purchase a firearm, does this charge preclude me from owning a firearm? Arizona has no expungement and its on my file PERMANENTLY
What recourse do I have to restore my good reputation?
3 attorney answers
Just submit a Personal Firearms Eligibility Check (PFEC) form to the California Department of Justice (available on their website) along with a check for $20 and see what they say. They will send you a letter telling you whether you are prohibited from possessing firearms or not. If you are, you need to speak with an Arizona attorney to determine what the problem is and how to fix it. A California attorney cannot help you with that. There is a lot of information about restoring firearm rights on my firm's website that is linked on my Avvo profile. Good luck.
Michel & Associates, PC
All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.
The way family law restraining orders work is there are initial orders called Temporary Restraining Orders which last 21 days and then there is a hearing as to whether permanent restraining orders are granted; these orders last anywhere from 3-5 years and are registered in a nationwide criminal database called CLETS. However, if your charges were dropped before the hearing then there should not be anything in the CLETS database.
If you are quite certain that the charges were dropped, then you've only been charged and never convicted of a crime. Anyone at any time can be charged with a crime. The relevant factor is if you are convicted. This is America and you have your Constitutional rights. With reasonable restrictions you have a Constitutional right to bear arms and this cannot be taken away from you without good cause existing. If the charges were dropped, in regard to those charges, in terms of legal analysis, this does not result in good cause.
This participating Attorney does not warrant any information provided, nor are we creating an Attorney-Client relationship by providing said information to you on this site. Nothing contained herein is intended to constitute, offer, induce, promise, or contract of any kind. The content provided is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Law Offices of John N. Kitta makes no representations or warranties of any kind with respect to its answer to inquiries, and such representations and warranties are being expressly disclaimed. Given limited facts, we are attempting to share relevant information concerning this area of the law as a public service.