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Thread: ASSAULT/AGG/DWEAP but DISCHARGED CERTIFICATE ISSUED. Can I buy a firearm after this??

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    Question ASSAULT/AGG/DWEAP but DISCHARGED CERTIFICATE ISSUED. Can I buy a firearm after this??

    Hello forum,

    I live in Miami, FL. Back in July of 2006, I was charged with aggravated assault with a deadly weapon, however the disposition was(no action) and a discharged certificate was issued. I was never prosecuted, never did time or faced any charges whatsoever for this incident. I've been able to obtain jobs with no problems after background checks and I'm even currently working for the Federal Government(which usually does a rigorous and thorough check)..
    Now, almost 5 years later; I'd like to purchase a firearm(shotgun). I'm not sure what could happen in regards to the law. I've been told I should not have any problems at the local gun shows; nevertheless, I'd like to take the proper steps prior to buying the gun so I ask:

    1) Can this incident in my record prevent me from buying a firearm or can I be denied the right to buy a firearm?
    2) And more importantly, can such record be sealed and/or expunged?

    Thanks in advance..
    Last edited by RTTech; 03-06-2012 at 10:48 PM.

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    Unless there's a lawyer here that wants to hand out a freebie, you're not asking the right people. However, if the application asks if you have ever been CONVICTED, you can honestly say no. With that you should be good to go.

    Remember, I too an not a lawyer. I don't even live in your state.

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    Regular Member rvrctyrngr's Avatar
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    Please clarify. Case was dismissed/charges dropped? No plea agreement/probation/pre-trial intervention/adjudication withheld?

    An arrest is not grounds to deny you the purchase of a firearm.
    Director,
    Florida Carry, Inc.

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    Quote Originally Posted by rvrctyrngr View Post
    Please clarify. Case was dismissed/charges dropped? No plea agreement/probation/pre-trial intervention/adjudication withheld?

    An arrest is not grounds to deny you the purchase of a firearm.

    Thanks for the input guys, I really appreciate it..
    A little more info about the case: I pleaded NOT GUILTY and I was represented by an atty, however I am not able to get in touch with him anymore.. I'm not really sure if the case was dismissed/dropped, instead this is what the public record reads:

    Disposition: NO ACTION
    Final Dockets: DISCHARGE CERTIFICATE ISSUED

    Is this what dismissed/dropped mean??

    As I've said, I've been able to obtain jobs without problems after a background check and I've always noted (NO) when asked if ever been convicted of a crime. Just not sure where I'd stand with the law in regards to purchasing a firearm and if they'd be more strict and deny my right to buy one because of this record.
    Last edited by RTTech; 03-07-2012 at 10:36 AM.

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    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by RTTech View Post
    Thanks for the input guys, I really appreciate it..
    A little more info about the case: I pleaded NOT GUILTY and I was represented by an atty, however I am not able to get in touch with him anymore.. I'm not really sure if the case was dismissed/dropped, instead this is what the public record reads:

    Disposition: NO ACTION
    Final Dockets: DISCHARGE CERTIFICATE ISSUED

    Is this what dismissed/dropped mean??

    As I've said, I've been able to obtain jobs without problems after a background check and I've always noted (NO) when asked if ever been convicted of a crime. Just not sure where I'd stand with the law in regards to purchasing a firearm and if they'd be more strict and deny my right to buy one because of this record.
    I can't see where you would have any problems at all.

    It takes a felony conviction or misdemeanor conviction for DV to deny you the right to purchase a firearm (couple of other things, too, but they don't seem to apply here).

    Go buy your shotgun, get your concealed weapons/firearms license, but don't lose that certificate!!!!
    Director,
    Florida Carry, Inc.

    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

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    Quote Originally Posted by rvrctyrngr View Post
    I can't see where you would have any problems at all.

    It takes a felony conviction or misdemeanor conviction for DV to deny you the right to purchase a firearm (couple of other things, too, but they don't seem to apply here).

    Go buy your shotgun, get your concealed weapons/firearms license, but don't lose that certificate!!!!
    He he.. Thanks again for the help.

    I'll keep you guys posted of the outcome on this once I buy the gun and I apply for everything..

    PS: Such certificate of discharge that was issued was never given to me personally. I guess the court must have kept it in their records.

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    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by RTTech View Post
    He he.. Thanks again for the help.

    I'll keep you guys posted of the outcome on this once I buy the gun and I apply for everything..

    PS: Such certificate of discharge that was issued was never given to me personally. I guess the court must have kept it in their records.
    Contact the Clerk of Court and get a certified copy or two or three...I guarantee you will need it some day...especially if you apply for a CWFL.
    Director,
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    Quote Originally Posted by rvrctyrngr View Post
    Contact the Clerk of Court and get a certified copy or two or three...I guarantee you will need it some day...especially if you apply for a CWFL.
    Aha! Good to know that. I certainly haven't needed it until now.. The court is very close to my house, I will try and see if I can get the record expunged as well. Thanks!

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    Regular Member rvrctyrngr's Avatar
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    My pleasure. Good luck with everything. Please let us know how it goes.
    Director,
    Florida Carry, Inc.

    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

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    To continue with what rvrctyrnger said: ALWAYS, ALWAYS, ALWAYS get the paperwork, make copies, and keep a file. With backup. Keep a report of who/when/how/why you talk to anyone about personal legal stuff. As he said, eventually you will need it.
    Added: Get a copy of the background check or at least a notice of approval from any employer that does one.

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    Back in Andrew, I was arrested for aggravated assault. Went to court and prosecutor dropped charges. Disposition shows no action. I had no issues getting my CWP with the exception that I had to prove I was an American Citizen, so I had to fax them the naturalization certificate with my picture (I was 18 at the time, 56 now) so you can imagine what a difference there was in the pictures.

    You should not have an issue. As stated by others, it takes a conviction to deny you a permit. That is what they ask for in the app and you can answer no as I did.

    MV
    PS: I don't want to get into the story, as that was crazy times back then, but I had a dimwit of a bailiff who abused his power and accused me of something I did not do.

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    Quote Originally Posted by mavidal View Post
    Back in Andrew, I was arrested for aggravated assault. Went to court and prosecutor dropped charges. Disposition shows no action. I had no issues getting my CWP with the exception that I had to prove I was an American Citizen, so I had to fax them the naturalization certificate with my picture (I was 18 at the time, 56 now) so you can imagine what a difference there was in the pictures.

    You should not have an issue. As stated by others, it takes a conviction to deny you a permit. That is what they ask for in the app and you can answer no as I did.

    MV
    PS: I don't want to get into the story, as that was crazy times back then, but I had a dimwit of a bailiff who abused his power and accused me of something I did not do.
    Thanks for your input mavidal. Yes, whenever I am asked if I've ever been convicted, I answer no of course.

    I should probably mention that I found my FBI record which was done not too long ago on Oct 2011. At the very last page, it states:

    DISPOSITION: CHARGES DROPPED 2006 -**-**; DROPPED/ABANDONED)

    It is stated a bit diferent in the Miami Dade County Clerk of Courts public records(NO ACTION/ DISCHARGE CERTIFICATE ISSUED), but the wording sounds similar.

    Do these terms mean the same? Can anyone confirm this?
    Last edited by RTTech; 03-07-2012 at 10:27 PM.

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    Regular Member rvrctyrngr's Avatar
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    Quote Originally Posted by RTTech View Post
    Thanks for your input mavidal. Yes, whenever I am asked if I've ever been convicted, I answer no of course.

    I should probably mention that I found my FBI record which was done not too long ago on Oct 2011. At the very last page, it states:

    DISPOSITION: CHARGES DROPPED 2006 -**-**; DROPPED/ABANDONED)

    It is stated a bit diferent in the Miami Dade County Clerk of Courts public records(NO ACTION/ DISCHARGE CERTIFICATE ISSUED), but the wording sounds similar.

    Do these terms mean the same? Can anyone confirm this?
    Yup. Different terminology, same meaning. The Court in my county words things a little differently, too.

    You're fine, though I would not be surprised to see you get an initial reply of 'conditional' on the background check when you go to purchase a firearm. No biggie.
    Director,
    Florida Carry, Inc.

    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

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    I see.. hopefully that "CONDITIONAL" won't require me to make an appeal.

    Thanks for clarifying that man. btw.. this is the weapon I've been wanting to buy:

    Benelli Supernova Tactical Shotgun



    ..and here's somewhat the mods I'd like for it.. except I'd keep the pistol grip, and the barrel and mag ext. would be flush


  15. #15
    Regular Member rvrctyrngr's Avatar
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    Nice choice, my friend.

    'Conditional' just means they want to take a closer look at things. If they don't deny within 3 days (I think), no problem. You shouldn't get denied.
    Director,
    Florida Carry, Inc.

    Detached reflection cannot be demanded in the presence of an uplifted knife.
    -Justice Oliver Wendel Holmes
    Brown v. United States, 1921

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    Quote Originally Posted by rvrctyrngr View Post
    Nice choice, my friend.

    'Conditional' just means they want to take a closer look at things. If they don't deny within 3 days (I think), no problem. You shouldn't get denied.
    Awesome, can't wait to do this.. will keep you guys informed of the outcome.

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    Founder's Club Member Jojo712's Avatar
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    Quote Originally Posted by rvrctyrngr View Post
    I can't see where you would have any problems at all.

    It takes a felony conviction or misdemeanor conviction for DV to deny you the right to purchase a firearm (couple of other things, too, but they don't seem to apply here).

    Go buy your shotgun, get your concealed weapons/firearms license, but don't lose that certificate!!!!
    I've seen it done. FDLE can be quite fickle about these conditionals and about the denials. If the conditional turns into a denial, then you've got to apply for a UPIN number (which is Federal) as an appeal. Hopefully, your case won't get to that if you're merely buying a firearm, but if you're getting a CCL, you might want to hold on to your hat.

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    Quote Originally Posted by Jojo712 View Post
    I've seen it done. FDLE can be quite fickle about these conditionals and about the denials. If the conditional turns into a denial, then you've got to apply for a UPIN number (which is Federal) as an appeal. Hopefully, your case won't get to that if you're merely buying a firearm, but if you're getting a CCL, you might want to hold on to your hat.
    Thanks for the info. man, good or bad this is good to know. I'll keep my fingers crossed.

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    Quote Originally Posted by RTTech View Post
    Thanks for the info. man, good or bad this is good to know. I'll keep my fingers crossed.
    PM sent.

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