i went to court for a felony drug charge, but was granted a deferred entry of judgement program (penal code 1000), can i pass a background check for purchasing a firearm before this probation period is over, since a judgement has not been entered? according to Penal Code 12021(d), you cannot while on probation, but if a charge has not been filed it seems i may be able to pass the check???
i know this question is pretty technical, but if anyone has any knowledge of the law i would really appreciate the help!
2006-11-15 13:47:03 · 3 answers · asked by surferman576 1 in Politics & Government ➔ Law & Ethics
Criminals are barred from possessing a firearm. However, if the decision is not yet executed, one can still apply for a firearm.
2006-11-15 13:50:00 · answer #1 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
To purchase a firearm, the dealer uses the quick check system, which is an extension of NCIC (National Crime Information Center). To be listed on NCIC you must have been convicted of a felony (includes all states). This means you either pled guilty to the charge or were found guilty at trial. If you pled guilty or nolo-contendre and the charge was differed you might want to have a law enforcement officer run you and see if the felony was registered with NCIC... play it safe.
2006-11-15 22:23:48 · answer #2 · answered by Gunny T 6 · 0⤊ 0⤋
go to a firearm dealer and ask
2006-11-15 21:54:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋