Want to buy a gun, but.......

[shaunthemick]

I live in Michigan and was charged with a felony for B&E in 1997. I received a delayed sentence, did everything the court asked of me, and ALL charges were dismissed and I was never convicted. Other than a misdemeanor DUI in 2001, I have since had a clean record. I recently applied for a handgun permit and was denied. Could it be that the government thinks that I have a felony, even though all charges were dismissed? Or that maybe the state of Michigan's records and the governments records are not on the same page? Or could I be denied simply because I was charged with a felony? I am seriously confused here!!

 

[Texan Scott]

Best advice : don't get your answer here. Before you make any further statement or do anything that might possibly get you in further legal trouble, may I urge you to consult a competent attorney?

 

[wojownik]

You need an attorney on this one.

A judge in Michigan may grant a defendant a delayed sentence after the defendant pleads guilty or is found guilty of a crime.

This may be a convoluted area where the defendant pled no contest or guilty in order to get a delayed sentence.

So even though the charges may later have been dismissed, the plea or finding of guilt (or no contest) is still in the records.

Again, we don't need to hear the particulars of you case here, and you would be best served to consult with an attorney.

 

[BHP FAN]

Lawyer up!

 

[somerandomguy]

If it's listed on your record as "dismissed", you can. What it means is that the court has dismissed your case and that it won't be held against you. It'll still come up in background checks and stuff, but it will be listed as dismissed. It's pretty much the court dropping the charges.

I actually have disorderly conduct on my record for getting into a fist-fight when I was in High School, but it's listed as dismissed because that was the deal if I pleaded guilty and did the community service. So, to my knowledge, you are cleared for a gun. Hope I helped.

Edit: sorry, I didn't read all of it. I'm pretty sure that they can't reject you for that. Are you sure it was because of the B&E? If so, appeal your decision and explain that to them. I'm not sure how to appeal because every state is different, but that's the best advice I can give in your situation. I hope it works out.

 

[kyletx1911]

Lawyer up!

This

 

[mnrivrat]

If your talking about a permit to purchase a handgun like we have in Minnesota, the source of denial should tell you why, if you ask. (county sheriff here)
That way you don't have to speculate as to the cause, and can go from there . If it is that B&E charge you can work with a lawyer to have it exponged from your record.

 

[radiotom]

Something isn't right. In Michigan, you could get a CPL with that DUI so that isn't the problem. You need to find out what is on your record - sounds like it has to do with the felony.

 

[Al Thompson]

Shaun, you are going to have to get a lawyer to sort this out. I'm going to close this as your question (IMHO) has been answered.