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casper1245 · Oct 7, 2011, 11:41 AM

I got a conditional discharge on a gun charge can I obtain a gun

AK lawyer · Oct 7, 2011, 11:51 AM

Originally Posted by casper1245

... conditional discharge ...

What were the conditions? Discharge, as in dismissal?

What state or country are you in?

Is this your only criminal offense?

rlrl2010 · Oct 7, 2011, 03:34 PM

A conditional discharge is like an unsupervised probation. I had a conditional discharge when I was charged with a misdemeanor but pled to a violation in NY 15 years ago. The conditions were to pay a $50 fine by XX date and lead a law abiding life. In a year the conditional discharge ended and the record sealed according to NY state 160.55 criminal procedure

A conditional discharge is usually part of a conviction. A dismissal is something altogether different, that is when the charges are dismissed and there is no conviction (I am talking NY here)

A conditional discharge can be for a violation, misdemeanor conviction or felony in NY, is an alternative to jail or probation, it is often a sentence for first time offenders or for those unlikely to reoffend or

It's not the terms of your sentence per se (Conditional discharge) that can affect your gun application, it's whatever moral character determination the firearms bureau makes concerning your gun charge, whatever the circumstances were

odinn7 · Oct 7, 2011, 03:53 PM

You are prohibited (in the US) if you were convicted of a felon (among other things). We need to know more than what you told us if you want an answer.

AK lawyer · Oct 8, 2011, 05:39 AM

Originally Posted by odinn7

You are prohibited (in the US) if you were convicted of a felon (among other things). We need to know more than what you told us if you want an answer.

That would be "convicted of a felony", under U.S. Federal law. Since we don't know where OP is, we don't know if there may be state law that also applies.

odinn7 · Oct 8, 2011, 06:01 AM

Yes, typo... I forgot the Y. I did add "in the US" because, in this case, if he is a convicted felon, it doesn't matter what state he is in, he is prohibited. But you are correct (of course) as there may be state laws that also apply here. I should have worded my post more clearly I suppose.