Posted on 10/06/2010 9:49:47 AM PDT by Domandred
About a year and a half ago I was charged with DV (bogus). I couldn't afford to go to trial but at least managed to get it reduced to convicted of simple battery (still bogus).
Through the court systems I've now had that charge and conviction dismissed, and all my rights restored. I have the court documentation to show this.
Question is how soon can I buy new guns?
Follow up question: Is there anyway I can go through the ATF paperwork to find out if I can buy a gun without doing it at the store and having the embarrassment of them saying "sorry you're denied"? For example do the paperwork online or something for the check but not really buying a gun yet.
Simple battery should be a misdemeanor, not a felony. Most if not all states do not forbid carrying even if you have misdemeanors. Only felonies. Check your court paperwork for whether the final charge was a misdemeanor or felony. It just has to be a misdemeanor.
An individual can get fingerprints done locally and submit them directly with FBI and get a report sent to them (for $18.00). See the following website.
FBI record check -- official site
Injunction is a restraing order.
“ensure you have the DV arrest is expunged from your record. Same for open carry.”
Can’t expunge convictions in most states.
Sorry, I see you’ve had even that simple battery dismissed.
I’m thinking now that that should be recorded in your arrest record as the adjudication of the original charge.
I would still get the arrest expunged if you can afford it. Otherwise, the police or NICS may get it wrong when checking your record.
There was the state issued protective order, but only lasted for a month till it was revoked. My wife didn't want a protective order at all and petitioned the court weekly till it was removed. During that time I didn't possess any firearms, I had put them into offsite safe storage.
But like I said that was revoked only a month later which was over a year ago.
Conviction was changed to simple battery, then dismissed. Should be clear.
Not true.
Have you asked the police, or a lawyer? How about applying for a CC permit? Check with the ATF online or your stae attorney. Or just take someone’s word for it on an anonymous web forum, and go from there.
” But like I said that was revoked only a month later which was over a year ago.”
From everything you have shared, you are good to go. I misdemeanor battery conviction won’t negate your 2nd Amendment rights.
I would love too, but in Idaho you can't unless it occurred as a minor.
Idaho courts records have pretty much everything. Including charges that were dismissed before any kind of conviction or even going to trial.
Some can be sealed, but again only if minors involved (juvenile crimes, adoptions, etc)
I’m thinking now that that should be recorded in your arrest record as the adjudication of the original charge.
Yes it says:
Original: I18-918 Domestic Battery
Amended: I18-903 Battery
Finding: Dismissed By Court
get a lawyer. You don’t want to put a dealer in jeopardy for selling to someone that is ineligible for even the most obscure of reasons.
Around here (MD), I think they have to go through a process that includes a judicial review, psych review and local LE approval. I think that if you get convicted or even just charged for any DV related crime, you MUST surrender your firearms and good luck getting them back when she recants.
The law is not on your side, good luck.
Buy some scuba gear. I understand there have been a rash of boating accidents by gun owners in the past few years.
Read the documentation carefully. A state court can't restore federal rights. You may be in the unfortunate condition of having your right to possess a firearm permanently stripped.
18 USC 922(g)(9) ... has been convicted in any court of a misdemeanor crime of domestic violence.
I can't tell from your description if you were ever convicted of a DV misdemeanor, and you note having "that ... conviction dismissed."
I recall reading a case where a fellow was convicted of the FELONY of possession, even though he thought the state restoration of rights paperwork was a full restoration of rights. It was a full restoration of Minnesota state rights, which the feds have no care, concern, or respect for.
See my July 15, 2010, 7:20 am remark (#185) at volokh.com, in a thread carrying the title "Seventh Circuit Upholds Ban on Gun Possession by People With Past Convictions for 'Misdemeanor Crime[s] of Domestic Violence'"
18 USC 922 lists the prohibitions. If your purchase or possession limitation was on account of an order (not a conviction), and the order either expired or has been lifted, then as far as I know, the law imposes no firearms possession infirmity.
Isn't that an "I de ho" flag?
What are your laws, which will be different than PA or CA.
Yea the prosecution tried that. They were ONLY interested in the fact that I owned guns through the whole process and not interested at all in anything else about the case.
In the initial hearing the prosecutor insisted that I turn all my guns into the police department.
The judge himself told the prosecutor no and that he wouldn't allow it unless there was a danger which he acquiesced that there was not, and to me he asked if there was anywhere besides my house I could store them at until the case was resolved one way or another.
I told him yes, no problem there, I'd pawn them before letting the police get their hands on them, even just for "storage". Judge said that was good enough for him.
I have scuba gear :). Found lots of fishing gear, no guns though :( heh.
I think it depends on the state. In MA if you are convicted of an offense that has a possible jail sentence of two years, you lose the right. That includes stuff like DUI.
Ask the court....
I’m not sure but I think you’re asked if you’ve ever been convicted of...or pleaded guilty to...a certain crime or type/class of crime.For you,the answer would still be “yes” even though it’s been expunged.If,by chance,I’m correct you might have a problem.
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