OhioMike wrote:I have been there done that!
Why would anyone bother getting their record "Sealed" for
Job reasons, for one... but not for federal firearms disability reasons.
OhioMike wrote:What do you think the big controversy is and the big WIN for those with Sealed records is about. Prior to the Castle Doctorine
those with a prior Felony that were able to obtain a "Sealed Record"
were able to now legally purchase and own a firearm but could not CARRY
as the Sherrif could OPEN a sealed record and DENY your application but
the FEDS DO ACCEPT the Sealed Record as VALID when purchasing a firearm
The "big win" is that those persons (without a federal firearms disability) who had an Ohio disability that kept them from obtaining a License to Carry a Concealed Handgun may now have their records sealed or expunged, and may actually obtain a license. An example of this type of issue is a "youthful indescretion" - a minor drug possession conviction would qualify. It didn't cause federal firearms problems, but it does block someone from obtaining a LCCH.
Nothing that Ohio does will correct a federal disability. Only a Presidential pardon can (currently) remove a federal firearms disability under 925(c).
OhioMike wrote:With a Sealed Record you DO NOT answer YES on your NICS Application
Then you're committing a serious federal crime each time you complete a 4473, and you're doing folks a big disservice by suggesting they do the same.
OhioMike wrote:I refuse to get into arguments with people here as in the past I just get ganged up on. So accept my post or not... It is what it is
If telling you the truth (and citing the appropriate law, as I will do) is "ganging up on you," what sort of interaction can you handle?
Here's the law:
922(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—
(1) is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
In most jurisdictions, possible imprisonment for a term exceeding one year equals "felony conviction."
It's the law. It might be BAD law. It might be law that needs to be changed. It's no doubt an extra-Constitutional restriction.
But it is the law...