If you had a misdemeanor charge thrown out can you possess or purchase firearms?

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If you had a misdemeanor charge thrown out can you possess or purchase firearms?

If someone had a misdemeanor charge of dissuading a witness from reporting a crime but the charges were thrown out in a court hearing, does it still prevent you from buying or owning a gun? I am not sure because when I look for legal information it never mentions anything about it. Am I to assume that the gun prohibition stands regardless or that if it is thrown out it is over? I have sent in a weopens elligibility request to the DOJ but have yet to receive a reply. If it is still in effect, is there something I can do to oppose it?

Asked on July 3, 2016 under Criminal Law, California

Answers:

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

Answered 4 years ago | Contributor

If the charge was officially dismissed and the case has ended... then you are no longer subject to the charge which means that you can possess a firearm.  However, if the case is still pending, you should avoid possessing a firearm until you have a final court document that says the case is closed or finally dismissed.  If you are not sure whether or not your case is closed, you may want to hire an attorney for the limited purpose of wrapping up the closure of your case.


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