Dismissed felony coviction, Illegal possession of a firearm from crossing state lines and yes they have, New jersey im a

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Customer: Dismissed felony coviction
JA: What was the conviction for exactly? Have all appeals been exhausted?
Customer: Illegal possession of a firearm from crossing state lines and yes they have
JA: In what state did this occur?
Customer: New jersey im a Pennsylvania resident
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No there is not
Answered by Zoey_ JD in 1 min 2 months ago
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Zoey_ JD
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Zoey_ JD, Expert

Hi, 

I’m Zoey, and I am an experienced attorney. I know your question is important to you and I will be giving it the time and attention it deserves.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. No need to choose a phone call unless you'd like one. I’m happy to type or to talk.

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Zoey_ JD, Expert

Is your case dismissed?  Or was it reversed on appeal?    What is your question about this?

Customer
My case is dismissed, I am wondering if my rights to own and purchase a handgun are returned
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Zoey_ JD, Expert

Was it dismissed outright or did you have to take a plea and serve a sentence in order to get the dismissal.   How long ago was the case dismissed?

Customer
Outright dismissed and it was dismissed on august 19th 2022
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Zoey_ JD, Expert

Thank you.  If your case was dismissed outright, and you didn't have to plead guilty or no contest in order to get that dismissal, then you never lost your gun rights.  The arrest, in and of itself, would not disqualify you.  It's the conviction that matters.

There should be nothing further you have to do in order to qualify to purchase a handgun once the case is in the Federal database, showing it was dismissed.

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Zoey_ JD, Expert

Have you had trouble trying to clear a background check to get a gun since your dismissal?

Customer
I have not tried wanted to get answers prior to attempting to get another one
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Zoey_ JD, Expert

There shouldn't be a problem.  If there is, you would appeal it and attach a copy of your dismissal.   You're not a felon and you never were!

Customer
Ok thats good information. Also, my original gun was taken and since that was once used as evidence in the case but was dismissed as evidence am i allowed to retrieve that back or is that forever forfeited?
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Zoey_ JD, Expert

If your case was dismissed, you should be able to get a release for the gun from the prosecutor and get the police to give it back.  They are no longer entitled to keep it.    Not that the police will make recovery easy for you.  On the contrary, it's usually easier and cheaper to buy a new firearm than to take the police to court.  But you are entitled to it, and you ought to try to get it.

Customer
Ok great i appreciate all of your information
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Zoey_ JD, Expert

You're very welcome!

Any other follow-up questions?

Customer
No i believe that is it for now
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Zoey_ JD, Expert

Okay, then!

If there is anything more I can help with for this issue, you can always find me again on this chat thread. If you have new questions about other topics, just start a separate question as a brand new chat and start it with "For Zoey Only" and/or type @Zoey_JD. You’ll be able to select my username to tag me in the question.

Customer
Good evening Zoey i have a quick question, how long does a judgement of dismissal take to go into effect in the federal database
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Zoey_ JD, Expert

Hi, and thank you for requesting me again.   I don't know when you posted this, but I am just seeing it now.

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Zoey_ JD, Expert

When was your case dismissed?

Customer
Just a few minutes ago and the case was dismissed august 19th of this year
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Zoey_ JD, Expert

Okay  Thanks.   Give me a few minutes to see what I can find.

Customer
Great thank you
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Zoey_ JD, Expert

This is very variable.  To get a real answer, you would need to call the court.

The courthouse gets the news of the dismissal immediately.  Your dismissal will get into the court's database by the next working day.  From there, the court has to report the outcome to the state.  I don't know how often they do that.  Maybe they do it daily.  Maybe weekly.  Maybe only twice a month.

Once it does get to the state, the state has to put it in their database and send it on to the Federal government.  So it could take weeks just for your state RAP sheet to show your conviction, and weeks or months more before the Feds have it.

Customer
if i get rejected for purchasing a firearm how would i go about proving the dismissal or would i have to just wait it out
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Zoey_ JD, Expert

You'd be able to get an official certificate from the court.

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Zoey_ JD, Expert

Do you need me to clarify anything or to give you more information?    Any other follow-up questions?
Customer
I have the judgment my past lawyer sent it over to me once they received it so i was wondering who i would have to present it to if i was to be rejected
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Zoey_ JD, Expert

If you were rejected on a Federal level you'd appeal with the FBI and attach a copy of your document to that appeal.

Customer
Ok thank you very much
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Zoey_ JD, Expert

You're very welcome!

If there is anything more I can help with for this issue, you can always find me again on this chat thread. If you have new questions about other topics, just start a separate question as a brand new chat and start it with "For Zoey Only" and/or type @Zoey_JD. You’ll be able to select my username to tag me in the question.

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