Richmond, VA asked in Domestic Violence and Criminal Law for Virginia

Q: Can I buy a gun in Virginia after completing a domestic violence plea sentence?

I had a first-time offender domestic violence plea in Virginia and have successfully completed all the terms of my sentence as required by the judge. There were no specific restrictions mentioned in my plea agreement regarding firearm possession. Am I now eligible to buy a gun for protection?

1 Lawyer Answer

A: Both Virginia and the federal government have statutes prohibiting the possession of firearms by people "convicted" of a misdemeanor crime of domestic violence (under Virginia law, for a period of three years following conviction, and under federal law in perpetuity). If your case was dismissed, then the 1st offender plea should not impact your ability to own firearms at the state level if you are otherwise eligible. Although at face value the lack of a conviction would seem to clear up the federal issue as well, I recommend consulting with an attorney who regularly practices in federal court to get clarification on whether or not a deferred adjudication of guilt creates a disqualification.

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