Q: I was charged with attempted theft in Nevada and did probation, can I pass a background check to buy a firearm?
I know that theft is a category c felony but on my plea deal paperwork the attempted theft was a gross misdemeanor. I know I still have rights if it’s a gross misdemeanor but the more I read into the ATF guidelines of background check I’m not sure sure how it works. Also I completed probation month prior.
A: If you were originally charged with felony theft, but that charge was reduced to a non-felony conviction, then that charge will not bar you from legally possessing or purchasing a firearm. The judgement of conviction will be the controlling document.
Federal law governs firearm background checks, and the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces these regulations. Attempted theft, even if it was reduced to a gross misdemeanor on your plea deal paperwork, can potentially impact your ability to purchase a firearm.
Under federal law, individuals with certain misdemeanor convictions related to crimes of domestic violence or those subject to restraining orders are prohibited from purchasing firearms. However, a gross misdemeanor for attempted theft typically does not fall into these prohibited categories. Completing probation can work in your favor as it shows rehabilitation and compliance with the terms of your sentence.
It's essential to consult with an attorney who specializes in firearm rights restoration or Second Amendment issues in your jurisdiction to assess your specific case and determine whether you are eligible to pass a background check to purchase a firearm. State laws may vary, so a local attorney can provide the most accurate advice and assistance in this matter.
Federal law prohibits anyone convicted of a felony from possessing a firearm, but there is no such prohibition for misdemeanors.
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