MCDV Expungement CCW

[venturac]

I was charged with domestic violence (we were just dating, not living together). I plead to M1 assault (still mcdv). I didn't think it was a mcdv because it was labeled assault. I had my firearms transferred back to me via NICS. I was delayed but three days later transferred to me. I went to get my FFL again and was denied citing DV charge (Lautenberg), ATF came told me don''t do it again unless I get it expunged.

Fast foward, that woman is now my wife. I went before the judge and he expunged it (true expungement, not seal). I was issued a non-resident FL CCW. I went recently to buy a firearm and was denied. I appealed sending my expungement. FBI said it didn't count for NICS purposes. This is {inappropriate language} because in the statue 18 U.S.C 921(a)(33)(B)(ii) it says you shall not be considered convicted of an MCDV if it is expunged, set aside, pardoned, or rights restored. I'm contacting an attorney but what are your thoughts?

[JustaShooter]

From what I know, you are correct - though I'd probably have asked the judge to explicitly restore my rights as part of the expungement, knowing how things can be sometimes. Hopefully your lawyer can straighten this out.

[Brian D.]

I've read about this same issue popping up in other states too. For all the federal (OUR!) monies handed out specifically to improve records keeping in the legal system throughout the U.S., there's too much (self-deleted) failure taking place.

I've been drafted for possible jury duty starting Monday. Can you sense I won't be a happy camper with the jury commissioner?

Best of luck venturac.

[venturac]

From the ATF Website:

https://regulations.atf.gov/478/2024-13699

3. A person shall not be considered to have been convicted of such an offense for purposes of this part if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the jurisdiction in which the proceedings were held provides for the loss of civil rights upon conviction for such an offense) unless the pardon, expunction, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms, and the person is not otherwise prohibited by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.

It's spelled out here too:

https://uscode.house.gov/view.xhtml?pat ... ion=prelim

(ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

I'm so sick of goverment bearocrcacy. I got my senator involved and hopefully will have an answer next week.