2nd Amendment and Right to Bear Arms/2nd amendment right to bear arms

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Expert: - 3/13/2010


Question
My husband was charged 10 years ago in MD with attempt of second degree murder and assault. He was NEVER convicted of any of the charges.We now live in PA and we want a gun, But because he was charged he was red flagged and has to wait to see if he will get the gun he wanted. Will he still be able to purchase this gun over charges that were dropped?

Answer
Unless charges are pending (i.e., somebody is under indictment) they do not make somebody prohibited from possessing firearms or ammunition under federal law. Without a conviction or pending charges there should not be any prohibition. I have no idea what you mean by "red flagged." If his NICS check came back with a "delay" he will need to wait to see how it is resolved after 3 business days. If he is denied, he can take the NICS Transaction Number and appeal to NICS or inquire as to why he was denied.

2nd Amendment and Right to Bear Arms

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Robert P. Firriolo

Expertise

General constitutional (Second Amendment) and federal firearm law inquiries. New York State and New York City laws and regulations on firearms. Use of force in self-defense.

Experience

Practicing firearms law attorney, including representation of individuals, gun clubs, sportsmen's organizations, shooting ranges, and businesses. Over 20 years of grassroots activism, including involvement in campaigns and elections; writing and editing articles, letters, press-releases, policy papers, and op-ed columns; interaction with firearm regulatory agencies; former board member and current legal advisor to the board of sportsmen's and firearm civil rights organizations; pro-bono counsel on select firearms-related legal cases; debated leaders of the gun-control lobby on national television. Lecturer on lawful use of deadly physical force and crime prevention.

Education/Credentials
Attorney at law. Extensive practice, independent study and research in this field. NRA-certified firearms instructor (rifle, pistol, shotgun, home firearm safety, personal protection) and Chief Range Safety Officer.

Awards and Honors
Martindale-Hubbell "AV" Peer-Review Rating.

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