Expert: Robert P. Firriolo - 3/12/2009

Question
QUESTION: I was arrested for misdemeanor marijuana possession almost 20 years ago(
plead to disorderly conduct- $150 fine). I was charged many years later w/
felony(?!) terroristic threats( a bouncer at the time- told someone if they
didn't leave, I would make them- hence the threat); plead not guilty and was
never contacted again by any state agency. Was later nul prosed on a
domestic charge( completed counseling); again, never arrested on a 2nd
charge for any of these offenses;as far as I know, no felony convictions- can I
get a handgun/ handgun permit ? Would like to attend bodyguard school-
need to know. Thank you for your time.

ANSWER: There is no way to answer your question with certainty because you do not say what jurisdiction you're in, and are likely other unstated factors necessary to evaluate the question.

Under federal law, if you have a felony conviction (with few exceptions) or a domestic violence conviction, you may not possess a firearm. Arrests alone, without convictions, do not make you prohibited under federal law.

State laws vary. Some states have "shall issue" and others have "may issue" licensing laws. A "shall issue" state should have a list of objective criteria to which you can match your criminal justice history to see if you are prohibited or qualify. A "may issue" state typically gives the licensing officer discretion to determine if you qualify for a license. There is no way to tell, based on the limited information you provided, whether your arrest history will disqualify you.

---------- FOLLOW-UP ----------

QUESTION: the marijuana arrest was in Broward county, Fla.; the terroristic threats charge
was in Fulton co., Ga; the domestic charge was in Cobb co.,Ga. I now reside in
Orleans co., Vermont. I hope this will help

Answer
You could have saved me some time if you said you are in Vermont. Vermont has no requirement of a permit to carry. Somebody who is not a prohibited person under federal law should be able to lawfully carry a concealed firearm for lawful purposes in Vermont, except in prohibited areas like schools and courthouses.