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Firearm rights restoration

Discussion in 'Criminal Records, Expungement' started by Wesleypp, Aug 19, 2017.

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  1. Wesleypp

    Wesleypp Law Topic Starter New Member

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    Jurisdiction:
    Nevada
    I was convicted of misdeamenor domestic battery, in nevada in 1990. The Lautenberg amendment allows for your gun rights to be restored if your conviction is set aside or expunged, Nevada does neither, they seal records. What can be done besides a pardon?
     
  2. army judge

    army judge Super Moderator

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    What you believe might not be what is practiced.


    Useful reading:

    Misdemeanor Crime of Domestic Violence | Bureau of Alcohol, Tobacco, Firearms and Explosives

    There is no restoration under federal law:

    1117. Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence | USAM | Department of Justice


    The restoration isn't settled, yet:

    Expunge Domestic Violence Record - Restoration of Gun or Firearm Rights


    Until the matter has been fully adjudicated by the Supremes, I suggest you continue to abide by the ban:

    The Top 10 Things You Need to Know About Federal Gun Law | Law Offices of Keith A. Williams, P.A. | Greenville North Carolina
     
  3. Highwayman

    Highwayman Well-Known Member

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    As of now, nothing at all.
     
  4. wigditty

    wigditty Member

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    Just for context here.....

    In 2003 I was arrested for domestic violence because I spit on my girlfriend in the shower. Seriously. I was forced to do 52 weekends in the county jail and anger management classes for 32 weeks at a cost of $60 a week. I was railroaded by the district attorney into pleading no contest after (by the suggestion of my lawyer) filing for a continuance for nearly a year. I was never told I would loose my gun privileges, EVER. Then at my final hearing the law was laid down about how "hardcore criminals" like myself were a danger to our California communities. The judge told me that I would loose my privilege for 10 years then I could get it back. Fast forward 10 years and I tried to buy a firearm, just to get a letter from our beloved Kamila Harris saying they have changed the laws and it's been turned into a lifetime ban. I even contacted one of the NRA attorneys locally to help and he literally turned his back on me. I have no drug convictions, no mental health issues, have a full time job with a reputable company making six figures and have lived in the same house for 12 years. Only got a couple tickets, but they are paid.

    What gives the government the right to revoke a honest citizen his right to own a gun? A dishonest police officer who was sleeping with her mother and cheating on his wife. Sad but true.
     
  5. Highwayman

    Highwayman Well-Known Member

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    And what does this have to do with the OP's situation in another state?

    Please save your venting for another forum.
     
  6. army judge

    army judge Super Moderator

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    The one who lost his/her right to own a firearm gave the government the right to screw her/him by breaking THEIR laws.

    Whether you struck the woman with your fists, an axe handle, kicked her in the face with the heel of your boot, or spat in her face; that was what THEIR law terms DOMESTIC VIOLENCE.

    Look at it this way, you're a free man today.

    All hope is not lost, you can still procure a taser or a stun gun, LEGALLY, in CA.
     
  7. mightymoose

    mightymoose Moderator

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    The 5th Amendment to the U.S. Constitution and Article 1 Section 7 of the California Constitution (and similar sections of other state constitutions).
     
  8. wigditty

    wigditty Member

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  9. wigditty

    wigditty Member

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  10. Highwayman

    Highwayman Well-Known Member

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    It is you who needs to "stick with the program". Uh, dude.
     
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  11. army judge

    army judge Super Moderator

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    Your assumption is correct, I've never SPAT on anyone, even as a toddler.

    I've never been arrested either.

    Don't displace your values upon others, dude!
     
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