Can you purchase a gun with a class one misdemeanor assault on a family member?

Asked on August 3, 2015 under Criminal Law, Virginia


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Under federal law, persons who have been convicted of domestic violence are considered prohibited persons-- who are not supposed to purchase a gun.  However, the key is whether or not a person was actually convicted.  To know for sure if you or are not disqualified, the person would need to take their paperwork from the assault charge to a criminal defense attorney to see if it would disqualify them from possessing a gun.  The person should visit with someone that not only knows state criminal laws, but also federal gun laws.  Often, a person may be qualified under their rules.. not realizing that they are still in violation because of the federal statutes.

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