Expert: n/a - 6/10/2009

Question
QUESTION: In 1978 I was pulled over by a Los Angeles sheriff, found nunchaku sticks under my seat rapped in beach towel. Arrested me for felony concealment weapons charge. Court convicted me of misdemeanor violation 12020. The judge then change the plea to not guilty vacated and dismissed the case after I completed 3 months probation. In 2009 the federal instant background check system (NICS)  won't let me purchase a hand gun. I have not lived in California for 25 years, been in GA for the last 15 years. No other trouble with the law since that arrest. What should I do to be able to buy a handgun?

ANSWER: You will need to appeal the decision using your proof that the conviction was dismissed.  Afterwards you will need to apply and receive a firearm permit, if not you will go through this everytime you want to purchase a firearm.  If you want you can apply for a Virginia non-resident permit, thats if you are positive that you was NOT convicted of a felony.  A misdemeanor is alright as long as it's NOT domestic violence and is at least 5 years old.  Download the aplication at virginia state police website.  Virginia permit has reciprocity in GA but you would still need a GA permit to purchase a firearm easily without the problems.  If you need a firearm safety course for VA send me your email address and I can send you a link to a $39.00 online course.

Good Luck

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

QUESTION: Where should I appeal the conviction with the Petition and Order, I have, that changes the plea of guity, to not guilty and dismisses the case, In California? With a lawyer? Then get the firearm permit. Then send the paperwork that this appeal generates to NICS? In that order?

ANSWER: You can apply for the firearm permit now using your proof of case dismissed.  Are you doing it in GA or VA non-resident?  There is no special order.  

Good Luck

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

QUESTION: I guess I will apply in GA, for the firearm permit. But won't GA go through NICS for the firearm permit? and then just turn the firearm permit down like they did the handgun purchase. The NICS supervisor told me the NICS appeals people did not like the guilt being set aside and that the plea of not guilty be entered and that the court dismissed the action pursuant to Section 1203.4 of the California Penal Code. He said it was the 1203.4 that screwed me.  I appealed this case with NICS and sent them my 30 year old Petition and Order from the court, The Petition and Order also says I was convicted of a misdemeanor under 12020 as stated above, NICS denied my appeal. This is very confusing. Thanks for your help, what should I do? By the way I have bought 5 handguns with FBI checks over the last 30 years, without a problem. Must be some new laws in the last 10 years that have breathed life back into this case?

Answer
A misdemeanor is not grounds for firearm restrictions unless it's domestic violence.  GA is screwing you, I would apply for VA non-resident permit just to prove to them you are not restricted from firearms.  Call VA State Police and fax them your paperwork, they will give you a straight answer before you mail them the $100.  I have refered at least 20 people from this website to the VA non-resident permit who had misdemeanors 5 years or older and all that reported back to me have been approved. But you must take the firearm safety course unless you have been in the military with a D-214, or some other certifide proof of firearm safety.  I have an online class I refer to people but I will need to send it to your email address.


Good Luck