Home Forums Hunting & Shooting Hunter's Campfire DV question for you Lawyers and FFL holders

I have a buddy that when he retired from the Army went thru a pretty ugly divorce, he had been charged with DV, but when he went to court for it the charges were dropped as the ex never showed up. He wants to know if he is allowed to own fire-arms, thought I would ask here, you guys seem to know this stuff pretty good. He is a retired E-7, and wants to get back into hunting and shooting if possible. He did show me the court papers where the charges were dropped. Thanks, Les

I'm no lawyer but I'm betting he's ok... He should ABSOLUTELY hang onto those papers in case any question comes up..

Under Federal law he has no problem owning guns. I wouldn't think he would in FL either since the charges were dropped. The only thing with respect to DV that legally prevents you from owning a gun is a conviction for DV, and that conviction must meet certain criteria, OR if he's subject to some type of restraining order.

Okay, good he's good to go then, I checked with the El Paso County Sheriff this morning too. He was gonna apply for his CCW and he knows for sure now that he is good to go. Thanks guys. Les

He might try to have it expunged from his record, it will still show up as an arrest on a criminal history. Have him speak with an attorney, regarding the situation since the victim failed to prosecute.

It may show an arrest, but there is no conviction, as long as he states the arrest on his application he should be okay. The app is one form you don't BS on, and I let him know that. Les

without a conviction I can't see an issue. I'd make about 50 photocopies of that paperwork though

Oh believe me, he keeps it in a fireproof safe, he ex is a nut job, and when they got divorced she filed Charges against him for DV. My wife was his Platoon leader at the time, he was her Platoon Sergeant, it was insane. He showed up for the court appearance and the wife failed to show up, so the judge dropped the charges. Les

The state may expunge it, and had it been a conviction, that would fix the disqualification...but the NCIC aint expunging any records these days, so it's basically a waste of time to go through the exercise. 9/11 means you, I, and everyone have live with every little blip you ever made on the CJ system's radar screen, even if you were not guilty.

Les,
He's good to go with no conviction. You would know, and probably would have mentioned if it was in place, but make sure that there's no RO.

George

There isn't one, she moved out of state as soon as the divorce was over. He's good to go on the RO, she didn't file one, nor did the court. Les

Thinking of letting him try out my XD-40, so he doesn't waste his money on another glock 9mm.

True friendship right there.

George

I am just saying that it's just as easy to get it dropped completely, eventhough there was no conviction, out of sight, out of mind. It takes away the explination of the situation. In some situations regarding employment and or security clearence. DV is still an assault and in many cases, it's viewed as such.

He has a security clearance, as he works on Fort Carson now as unit supply tech of an Aviation Company. Les

It's not if he wasn't guilty...but in reality everybody assumes guilt because of the arrest. Still, almost impossible these days to make something like that go completely away.

Thanks, I'm gonna be helping him fill out his CCW app, will ensure he puts everything on there. Les

Your correct regarding NCIC, it won't come off.

I am glad that everything worked out as it did, he was lucky.

Being arrested and found not guilty or as in this case no trial,is like being shot at and missed. There are no wounds. Kenny