This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
(b) Except as provided in subsections (c) and (d), the following persons may not knowingly or intentionally carry a handgun: (1) A person convicted of a federal or state offense punishable by a term of imprisonment exceeding one (1) year. (2) A fugitive from justice. (3) An alien.
Yes, new evidence can lead to the dismissal of federal gun charges if it significantly undermines the prosecution's case. This could include evidence that proves an alibi, demonstrates that the firearm does not belong to the defendant, or reveals misconduct in the gathering of evidence.
Texas law says no, but it contains an exception. Section 46.04 of the Texas Penal Code makes it illegal for someone convicted of a felony to possess a firearm. If more than 5 years have passed since completing their prison sentence (including parole or probation), the law allows possessing a firearm at home.
Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.
040(1)(a), you are guilty of unlawful possession in the first degree if you have been previously convicted--or found not guilty by reason or insanity--of any "serious offense." Unlawful possession in the first degree is a class B felony, which carries a maximum punishment of 10 years in prison and a $20,000 fine.
Penalties for Unlawful Possession of a Firearm in the First Degree in Washington: Unlawful possession of a firearm in the first degree is a class B felony, which RCW §9A. 20.021 defines as punishable by up to ten years in prison, a maximum fine of $20,000, or both.
Carrying a concealed gun without a license is a misdemeanor offense (as opposed to a felony). The crime is punishable by: Imprisonment for up to 90 days in jail, and/or, A fine of up to $1,000.
In the United States of America, a federal law, the Protection of Lawful Commerce in Arms Act (PLCAA), governs gun sales by those in the firearms industry.