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-   -   Can I own a gun? (https://www.askmehelpdesk.com/showthread.php?t=603208)

  • Oct 12, 2011, 11:19 AM
    bismarckboy88
    Can I own a gun?
    I was charged with two class AA felonies four years ago. I was given a deferred sentence for five years. I completed all the terms of the my probation, paid my fines, etc and completed my deferred sentence in 3 years instead of 5. The final paper from the court said "You have now entered a plea of not guilty and the charges heretofore made are dismissed." Was I ever actually convicted? I am a non violent offender and I know regularly people cannot own a gun for 5 years AFTER the completion of probation. I didn't know if the deferred sentence changed anything. I have also heard a new and law stating a felon can write an affidavit to the court requesting their hunting privileges be restored within those five years. Is there any truth to this?
  • Oct 12, 2011, 12:51 PM
    AK lawyer
    Quote:

    Originally Posted by bismarckboy88 View Post
    ... The final paper from the court said "You have now entered a plea of not guilty and the charges heretofore made are dismissed." Was I ever actually convicted? ...

    It appears that you were never actually convicted of the felony charges. Therefore you are not a convicted felon and (unless your state has a more restrictive law), under Federal law you are OK to own a firearm.

    Quote:

    Originally Posted by bismarckboy88 View Post
    ... I have also heard a new and law stating a felon can write an affidavit to the court requesting their hunting privileges be restored within those five years. Is there any truth to this?

    Unfortunately, no. At least under Federal law. So whether a state-convicted felon could get a waiver from the state court, it wouldn't do him or her any good.

    Firearms, and the 2nd Amendment, for that matter, are not "politically correct". So don't count on Congress changing this law any time soon.
  • Oct 12, 2011, 02:15 PM
    Fr_Chuck
    Agreed, if both crimes were included in the plea agreement, then when the case was dismissed at the end of the agreement, there was no conviction.

    So you should be able to own a gun

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