Can Deferred Felons Buy Guns?

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Metapotent

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I have a friend that had been convicted of Felony grand theft auto, and misdemeanor domestic assault and he wants to buy a gun but is unsure whether or not he can.

Now before you jump to conclusions let me clarify the situation. He was only 14 years old when he was charged and he is now 19 almost 20.

And about the grand theft auto, what he basically did was just take his mom's car around the block for a joy ride and his dusgruntled mother pressed charges, and about the domestic assault, even his family members believe that his mom lied about it to the police. He claims that all he did was slam his bedroom door when his mom was yelling at him and following him and it happened to hit her but she claimed that he shoved her. She called the cops and put on a show and even admits today that it was a dumb thing to do to call the cops over it.

Now, according to Washington state law a convicted felon or someone who has been charged with domestic assault CANNOT buy or own a firearm. But the thing is that he had both of these convictions deferred, meaning the convictions were over-turned but they are still on his record.

So would he still be able to buy a firearm since the convictions were deferred? Or does the fact that they remain on record, even though they were deferred still mean that the background check at a store would cause the clerc to deny sale?

Anyone have any experience in this area to give me some advice that I can give my friend?
 
If those convictions are still on his record then he can't buy or own firearms.
 
But they are deferred, meaning they aren't technically 'convictions' anymore because the convictions were dropped. But nonetheless they are still on his record so I'm still as confused as he is.
 
He musta been some kid to drive his mom to calling the cops on him. Rather than asking about this and getting advise on a internet forum he should be seeing an attorney.
 
Each State has different laws ..Expugements or relief of civil disabilities are are few avenues. to check into for your friend .Being 14 at the time he may have been given a youthful offender status( not hardcore repeat offender) .A judge may not be comfortable granting a permit at this time but if he keeps out of trouble ,I would think he has a fairly good chance to get approved .hope that helps good luck..
 
Why does this sound familiar? :D I bought guns for almost twenty years and even had a CCW after completing a deferment. Deferred (in my area) means it drops off your record without a trace after a certain amount of time (completion of probation). They do this when they know you have not committed a crime but they want a piece of you anyway. My guess is it allows them to sleep at night? Anyways, don't get me started on that :fire:

You have to hire a lawyer and pay the police extortion money before they will actually do their job and clear the record. They were derelict in their duties by ignoring the original court order. Good luck getting charges brought against these thieves. What are they going to do? Arrest themselves? Hahahahaha. :rolleyes:
 
Ryder speaketh truth.

In TX the whole justice system is in the buisness. Lawyers on all sides and the judges also. The prosecution and supervision people will bring cases back to a different judge if someone is allowed to walk in some cases.
Some instances may include manufactured or threatened evidence. Many people with a public or cheap defence council will be sold on this without full disclosure. Young adults facing a prosecutor who is promising all the jail time allowed if this go to jury trial for a guilty verdict.
Some of this may be tollerated by those aware because even if its just another case of wrong place and time many people assume everyone if guilty of something.

Never take a deal and never accept a bench conviction. If even 25% of the people in the system today demanded a jury trial. Insead of buying into a plea bargain or other similar deal to just put this behind them. The system would stand still. WOD and seatbelts and cutting a tree down on your own property might turn out to be just not worth all the hastle manifest in the system.

OK I know this because of Laughtenburg Act repurcusions on friends. So far in TX statute will not be amended or adjusted to deliver on the promise xxxx charge will be a dropped case. Non conviction. Incomplete or undefined status/disposition is the best one can hope for to retain any rights.
 
Your friend should contact Judith Dubester. She works out of Seattle and specializes in getting felonies expunged and sealed (emphasis on juvenile offenses). I've heard she's good, and inexpensive.

Your friend might have to wait till he's 21 w/o further arrests (or 5 years since last arrest).

http://www.thestranger.com/seattle/Content?oid=4321
 
Young adults facing a prosecutor who is promising all the jail time allowed if this go to jury trial for a guilty verdict.

Bingo, except it was the judge who promised that through my lawyer. You know, the guy in the black robe that slept through most of the testimony. Yeah, him. :D
 
Medula Oblongata: A state judge can indeed reinstate firearm rights in some states, and also Govenors. Some states allow for it, some don't.

WA: Judge can do it.
Maine: Govenor must do it
Montana: instantly reinstated after serving sentence
etc.

Each state is a little different.

Yes the BATF isn't funding the application process for federal reinstatement, but that only matters for Federal crimes. If a state reinstates firearm rights to a person convicted of a state crime, then the person is good to go with the Feds.

It pretty much comes down 3 things: 1) was it a Fed or State conviction 2) if a State convition, does the State where the conviction took place allow for reinstatement and 3) lastly, if it was a state conviction, and the state allows for reinstatement, is the person eligible (does he or she meet the proper criteria).
 
Doesn't matter if a state judge, or even a federal one, reinstates one's constitutional rights. The BATFE "hasn't been funded" to research and approve previously disqualified persons from aquiring firearms.

Medula,
Go back and reread 18USC921 definitions. The term convicted does not include offenses that have been pardoned, set aside or expunged by an authority over the court under which the original conviction was recorded. State conviction + state pardon = no record as far as BATF&E/GCA is concerned.

Where the defunded program comes in is federal convictions that have not been pardoned by the president. As well, a person cannot apply for relief from disability for a state conviction directly to the BATF&E they have to work the state authorities. This may be where the individual in question falls, Since the charges and possibly the convictions are still on his record even he would not be able to appply for relief. However, if he gets a pardon or expungment he would be OK.
 
Why does this sound familiar? I bought guns for almost twenty years and even had a CCW after completing a deferment. Deferred (in my area) means it drops off your record without a trace after a certain amount of time (completion of probation). They do this when they know you have not committed a crime but they want a piece of you anyway. My guess is it allows them to sleep at night? Anyways, don't get me started on that

You have to hire a lawyer and pay the police extortion money before they will actually do their job and clear the record. They were derelict in their duties by ignoring the original court order. Good luck getting charges brought against these thieves. What are they going to do? Arrest themselves? Hahahahaha.


Having completed your probation does clean your record no matter how much time has past..Only having your record expunged cleans it as though it never happened... Just to set the record straight the POLICE does not put anything on your record and all the lawyers in the world cant get them to get it off as they never put it there....The Clerk of the Court puts it on, then a court order has them remove it.. Not to be argumentative but it sound like you have an axe to grind, and have been pissed at the wrong people..I know I go all day looking for people that have done nothing wrong, just to get thier money...:neener:
 
Having completed your probation does clean your record no matter how much time has past.

Make SURE that any convictions/differals or misdemeanors w/ deferred sentencing truly ARE expunged from the record. When I went through a messy divorce, the ex accused me of all sorts of things (all untrue, we disproved most in court, but a few came down to he said/she said).

Basically a long story cut short: I was given "probation" for 6 months, on one charge, with the understanding that the charges would be dropped/expunged at the end of that period (as long as I didn't get into "trouble"---no problem there).

Lo and behold, 20 years later, when applying for a job that required that I had NO criminal record, those charges were still floating around (and we're talking only the most minor of misdemeanors here). And, I was denied a job because of it, although I straightened it out then and there.

In short my lawyer (and I) should've followed up to make sure they got dropped, but it never happened.

Have him get some serious legal advice from a GOOD lawyer. Costly but probably the only way to go.
 
Your friend needs to get an attorney and have them set a motion to get your friends record expunged. He will need to be productive in school, or have a steady job. He will need to have NO other problems other than with his mom. His attorney will need to supeaona all those people who have heard the mother say that is was all a lie, etc etc. Deposition them, then depo the mom. If she is cooperative then he should not have a problem. Since she is the complaintant if she says it was all a misunderstanding then a magistrate should expunge his record. Of course this is not going to be cheap and he can plan on spending a good chunck of change for it. I saw a similar thing here in TX. I knew a guy (a very good guy) who got accused of sexual assault. It was PURE BS but he got scared and when they threw adjudication up on the table he took it. About 8 years down the road he had to pay a lawyer big $ to get it taken care of. Point is it can be done, but only if these things really happened as he says, and he has been a great guy since then.
 
I could be completely and totally off base in pennsylvania, much less in states i don't know anything about, but i believe that unless you are tried as an adult, you are adjudicated, not convicted.
I have 0 idea how this impacts a person's ability to purchase a firearm in any state, even my own, but i heard (and you know how unreliable hearsay is) that in the state of PA, juveniles who had felony charges can purchase firearms upon the 10th anniversary of their juvenile case being successfully closed.

Might be worth looking into?


*As if there weren't enough disclaimers in my paragraph...
I HAVE NO IDEA WHAT I'M TALKING ABOUT!
 
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