conditional proceed?

[Guest kmyer74]

Hi everyone,love the site. Ok,i have an assault charge on my record for a bar fight(young and dumb) while in virginia from 1996. Its a class 1 misdemeanor 18.2-57. Ok,i have bought numerous guns over the years since that incident until i went to purchase a gun at a pawn shop and was denied. I did the appeal thing and got the letter saying "conditional proceed" and it stated that they needed a final disposition of the assault charge(i got 1 year probation). So i was told to get my arrest record from the va state police and i did that and it came back but said "disposition electrinically transferred by court of jurisdiction". I then called the FBI and they said to call the va beach court and get a stamped letter showing the disposition. I called the va beach court clerk and he said that va beach destroys all misdemeanor records after 12 years and they didnt even have record of me ever being arrested. So,what should i do now? I should be able to buy any gun i want but because nobody has record of my disposition i cant. Any help would be greatly appreciated. Thanks-Kevin

[hkusp40cal]

Well, a conditional proceed means it is up to the dealer to sell you the pistol or not. The FFLs I know will not due to possible liability(ie they don't want to take the chance). I would guess you need to get a letter from Virginia Beach stating that information and see if that is enough. If not you will probably need to get an attorney to get it removed from your record.

MORE INFO from the TBI site:

If TICS cannot obtain the information within the mandatory 15 day limit, the transaction will be marked as a Conditional Proceed. This means that the firearm dealer may lawfully, at his/her discretion, complete the transfer, although it in no way means that the dealer must complete the transfer. Should the dealer choose not to complete the transfer, your only appeal is to the FBI's NICS Appeals Services Unit. You may contact them at (304) 625-1903.

Edited April 19, 2011 by hkusp40cal