Domestic Violence - Deferred adjudication & Dismissal

**tchelo2000** · November 21st, 2012, 10:05 AM

Hi: First of all, you guys are awesome.

This is a last attempt to ensure I am ok to purchase a firearm. I have seen a local lawyer in Philly, been to numerous threads and done some legal research. Here is my "story". Any sound advice would be appreciated...!

in 2001 was charged with a crime of domestic violence under Virginia 18.2-57.2. I pleaded no contest, was put "under advisement" and the disposition was deferred under 18.2-57.3. Virginia has such code, which allows for a probationary period (despite the court finding "enough evidence to find guilt"). Automatic Protective order was issued for 72 hrs and expired.
I complied with the court's order to complete anger management classes and the charges were dismised 6 months later. No further issues with the law ever since.

Qurestion: Can I now purchase a firearm for personal protection given the Lautenberg Amendment — 18 U.S.C. § 922? My research leads me to believe that I do not have a domestic violence conviction for the purposes of VA state law and federal law and am, therefore eligible.

The offense was registered in the VA Juvenile & Domestic Relations District Court, which I understand is not a court of record.
I called them several months back to verify my record. The clerk said I had to submit a background check form to the VA State Police. I did that and no convictions were shown.

However, that may be due to the fact that records are purged after a certain number of years.

I want to make sure I am ok to answer no to question "i" in the 4473.

Appreciate the advice from all (even from GunLawyer001 if he really wants to chime in :-)

T.

**y0rlik** · November 21st, 2012, 08:56 PM

Well, if you paid GunLawyer good money to review your case, and he says you're clean, then why are you asking us? He's the one who gets paid to know this stuff. Just take his answer and go with it.

But since you asked, it says 'Have you ever been /convicted/...?' (emphasis added), /not/ 'Have you ever been charged...?'. If you've never been convicted, then check 'no'. (Pleading no contest and then having the charges dropped as part of the deal is /not/ a conviction.)

**tchelo2000** · November 22nd, 2012, 05:54 AM

Thanks, Y0rlik.

You misunderstood me. I did see a lawyer, not GunLawyer001. Still, you may ask: Why am I still asking the same question in a forum? Good question and I am not sure I know the answer. I guess I am simply looking for further confirmation and thoughts on this.

I also share your oppinion. Not a conviction for all intents and purposes. Still, I always like to make sure I am not missing anything.

There are lawyer oppinions on how deferred disposition such as Virginia's may be seen as "admission of guilt" but should still not impact gun ownership, but no case law. Likely because it t is a non issue...

I know it looks like I am splitting hairs here, but i am new to guns and the thought of federal perjury just makes me very cautious...

Thx again
T

**wellcraft** · November 22nd, 2012, 09:32 AM

my only advise to you would be to speak with a lawyer that specializes in laws regarding firearms if you haven't already done so.

**firebird.77** · November 23rd, 2012, 05:06 AM

From what I understand it is correct that you would answer NO to the question of "how you ever been convicted of..." (there's two on the PICS form...one for domestic violence and one for felonies)

Also, you commit perjury if you KNOWINGLY falsify documents/answer incorrectly on the PICS form. Since you have done due diligence in researching the issue and have sought legal counsel, I would THINK that you are good to fill out the forms and see what comes of it.

HOWEVER......IANAL