states and the National Instant Check system(NIC). It is a Federal law that prohibits anyone convicted of Domestic Violence from owning a fire arm, Even if it is a Misd.!!!. If you purchase a gun at a gun show most likely you will not half to undergo a National Instant Check. If you want to Legally own a gun you half to either have the conviction expunged or pardoned. If your case was dismissed you should be able to purchase a firearm, meaning NCIC will not deny your purchase.
If you have a DOMESTIC VIOLENCE CONVICTION on your record It may always be VERY difficult to legally buy a gun.
Some one else made the below answer up, Huh? law is not a game of"well this sounds right" it is what it is and the above answer is what I learned from past experience.
I think yes you can because you are not able to discriminate against someone for what happened in another state. However, I think that if you have a tendency towards violent behaviour you should not be able to purchase a gun.
I'm adding to this- you could likely BUY one. BUT you can never OWN one LEGALLY ever again as it's a federal law, not state. Even people in your residence may not own one as you have access to it.
Even if you're rich with the right attorneys it's impossible. Google the Lautenberg Ammendment and call an attorney and you will see.
P.S. The law states that you CANNOT EXPUNGE DV OFF RECORD, CANNOT POSSES GUN OR AMMUNITION. CANNOT EVEN HOLD A GUN OR AMMO OR IT IS 5 - 10 YEARS, NO QUESTIONS ASKED. NO HUNTING LICENSES, CANNOT LEGALLY CAMP WITH PEOPLE WHO HAVE GUNS. CAN BE IN THE SAME CAR. IF ONE ROUND OF AMMO IS FOUND IN THE CAR YOUR IN. LAW STATES YOU ARE GOING DOWN. WELCOME TO THE NEW COMMUNIST AMERICA, SIT IN THE FIRST 3 ROWS, AND LEAVE THE END FOR THE GOVERNMENT AGENT THAT WILL MONITOR YOU, COMRADE.
No. The only way a person who was convicted can get gun rights restored is to go through a legal process with the government available only under certain circumstances: if the original conviction has been expunged or set aside, or if the person has been pardoned or had civil rights restored.
You will need a good lawyer, a lot of patience, a lot of money and be prepared for it all to be a lost cause.
Added: Short Answer. NO. There is a federal law (the Lautenberg Amendment) which prevents those convicted of Domestic Violence from ever possessing a firearm
No. The Lautenberg Amendment made it a federal law that a person convicted of any domestic violence charge - be it a misdemeanor or a felony - may not purchase, possess, or be allowed access to firearms. That is federal law, and does not vary between states.
Having your record expunged will not restore any firearms rights - it only means that Joe General Public can see the conviction - law enforcement will still see it. A pardon does not restore rights - a pardon just means you're "forgiven" for your crime, and you get out of incarceration - it doesn't make your record go away.
If the matter is truly and fully expunged, yes. You will want to check the records to see that the conviction is not there. The term expunged means slightly legally different things in different places.
yes if you do not have a felony dv
Actually, a misdemeanor for DV is a disqualifying offense, it does not have to be a felony.
Domestic violence is one of those offenses which prohibits you from being in possession of a firearm.
You will need a lawyer for a current, correct and legal answer.
No. Federal law prohibits anyone convicted of any domestic violence charge - whether it's a misdemeanor or felony charge - from purchasing a firearm.
check with you state Attorney General
You will need a lawyer for a legal, current and correct answer.
Regarding Domestic Violence convictions - Federal Law supersedes any state law and persons convicted of Domestic Violence offenses are prohibited from ever wonding or possessing firearms.
You will need a lawyer for a current/correct/legal answer
It can depend upon what state (or country) you reside in. You will have to research your own state's firearm laws.
If you have been convicted of a felony, a crime of domestic violence, or are an unlawful user of controlled drugs, you have. Check with the State Police in your home state.
Federal law (and most state laws) prohibit persons convicted of crimes of Domestic Violence from ever owning firearms.
Depends on the misdemeanor. If it involves domestic violence, then you cannot possess a firearm anywhere in the US.
No, Taser International conducts background checks and does not allow to have it's products sold to felons in any state.
If that member wasn't discharged for being convicted of said felony, then by all means I would assume so. The only reason I can think of where a soldier convicted of any crime would be prohibited from handling a weapon is for Domestic Violence. If the soldier committed an act of Domestic Violence and was convicted of a lesser charge (like Battery), that doesn't count.
Not in SD, nor in any state. Federal law. 18 US code, section 922. Sorry. You really need to talk with an attorney on this one.Added: Also - the Lautenberg Amendment to the Gun Control Act of 1968, effective 30 September 1996, makes it a felony for those convicted of crimes of domestic violence to ship, transport, possess, or receive firearms or ammunition.
The regulations vary substantially from state to state. But domestic violence is one major crime that can keep you from teaching.