Can an arrest with no conviction prevent me from buying a handgun?

Discussion in 'Cast & Blast' started by lylelovett666, Jan 26, 2012.

  1. I've decided to buy a handgun but have a bit of "gut" about the fact that in 2001 I was arrested for harassment.In the end the case was thrown out of court but I was just told a story by a friend about his brother who was denied a handgun because of an arrest.Any truth to any of this?Can an arrest with no conviction gum up my right to own a handgun?

    Thanks
     
  2. NO it wont!You were not convicted of a felony!
     
  3. It's a good question, I suggest that you contact law enforcement for the answer. It's good you are wondering before obtaining a handgun since penalties for unlawful possession are severe. Check with LE to be sure.
     
  4. It may cause delays, but not denials.
     
  5. DV will remove your gun rights in Wa as will a felony.
     
  6. Source: http://apps.leg.wa.gov/rcw/default.aspx?cite=9.41.090

    Stupid disclaimer **I am not a lawyer and this should not be taken as legal advice**

    Since a harassment conviction is listed in other statutes as being a no-go for possession in WA, you should probably expect a delay and for all I know, a denial.
     
  7. There was no conviction .The case was thrown out.
     
  8. Right. But as I read the statute that I quoted, if you were arrested for an offense that is on the list of "you don't get no gun" offenses, then you may see your gun buying delayed while they look into it to make sure that you weren't convicted or that there aren't other issues. That is why I put that sentence in bold that I did. It specifically says "arrested" and not "convicted". It also sounds like if you get a picky sheriff, you could see your gun buying go to the courts with more delay. But I don't know what the actual likelihood is of that unless you had made a real enemy of the local law enforcement.

    Now, I don't know what exactly they were trying to charge you with. Maybe the offense wouldn't be on the list anyway. The WA gun laws that I can see mention "harassment" mostly in the form of something like "you can't be the subject of a anti-harassment restraining order if you want to own a gun". But I have no idea how that would or would not apply to your situation. I'm just saying that, in my opinion, you shouldn't be surprised if you end up with a delay in your gun purchase.

    Again, I'm not lawyer. If you really want to know, ask these guys: http://nwgunlawgroup.com/
     
  9. You should be ok. Read the entire sentence in section (e) posted above, not just the first phrase.
     
  10. Many years ago when I was married to my first wife and she called the cops and said I hit her. Even though she did not press charges, the state did and I was arrested for Domestic Assault and put on probation for one year. If there were no issues within the year, that would be the end of it. But know everytime I buy a hand gun or any gun for that matter, it delays the process. I called the state troopers and they said because the charge was dropped but, still having the domestic, it raises red flags and they have to investigate every time. This how ever has never stopped me from buying, possessing or getting my license to carry concealed. Good luck in you endeavers
     
  11. So were you convicted NT1?
     
  12. Went on saturday and bought a Ruger P95.328.00 total.Now a 10 day wait.
     
  13. Just curious, you guys that say your past "arrest" delays your purchase, If you have a CCP, does that still matter? My Wa. CCP allows me to buy over the counter w/o a wait. Just wondering if one would avoid the delay for you guys too.
     
  14. They still call in for a check when you have a CCP. I'm assuming that's when the red flag goes up.
     
  15. I've been arrested and not convicted and have since had top secret security clearance from the govt., bought several handguns and currently hold a cwp. Not convicted is the key.
     
  16. "if you were arrested for an offense that is on the list of "you don't get no gun" offenses, then you may see your gun buying delayed while they look into it to make sure that you weren't convicted or that there aren't other issues.'

    Not correct. No conviction=no offense, regardless if you were arrested for anything. This is national, not regional, as it deals with a civil right. Also, the restraining order is pretty much universal among all the states now, but you have to have the order in force. It deals with purchase; they can't just bust in and confiscate your firearms without due process, which an RO is not. If you want to find out if you're ok to purchase a handgun, just go down and get a concealed carry permit from the sheriff's office. If you get that, you're not on anybody's "bad" list, and you aren't subject to the waiting period, either.
     

  17. hmmmm... says the FSO
     
  18. Federalnaya Sluzhba Okhrany?
     
  19. You must be convicted of the crime to be guilty, No arrest will even turn up on your record!
     
  20. Where the offense (arrest) hasn't been posted, ie you haven't been charged yet, they can delay the purchase until that's decided-and it has to be within 72 hours, I believe, but they can't outright deny your purchase unless you've been convicted. Calling in your purchase is federal, the National Instant Check System, not state. It's part of the record keeping requirement contained within the 1968 firearms act, and by federal law, cannot be used or construed as a "registration". There's no "registration" of firearms in Washington state, and when they're calling it in, they're checking on you, to see if you're not on a federal watch list. In a lot of cases where this breaks down, is when states don't share information with the federal system, especially mental health info, thanks to the privacy laws. That guy back East who shot a bunch of students at that college is a classic example, as well as the lunatic that shot the senator and a bunch of others.
     

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