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Member |
Years ago son of friend got involved with drugs and was convicted of felony theft. 2 days in jail did it and he turned his life around. Did a 12 step program, got sober doesn't even drink. Has held the same job for several years and is married. Hired a local lawyer who presented a petition to "expunge" the conviction. Judge agreed and cleaned his slate few years ago. Young man purchased a handgun for protection, keeps it locked up in his house. His former lawyer, out of the blue, called him and said he thinks there is a new ATF rule that impacts individuals who had their record of conviction expunged in the court system. Has anyone learned of a new ATF rule that impacts individuals who have had their record expunged in state court? Appreciate any info. U.S. Army 11F4P Vietnam 69-70 NRA Life Member | ||
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Hop head  |
not seen or heard anything recently regardind expungments or restoration of rights, re a change in position, tho a quick internet search shows something about each having a slightly different meaning, they still allow you to purchase a firearm https://chandlersfirearms.com/chesterfield-armament/ | |||
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| Just because you can, doesn't mean you should |
I'd call that lawyer back and ask for something more specific. ___________________________ Avoid buying ChiCom/CCP products whenever possible. | |||
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Sigforum K9 handler |
No. Once a state charge has been expunged, it’s like it never happened. State expungement may vary somewhat but the expungement removes the NCIC hit on the charge. However, persons convicted of a felony get an FBI number assigned and it never goes away. (And sometimes a SSID number). The presence of an FBI number alone is not a disqualifier. I have seen people get delayed over what I suspect is the FBI number. I urge them to get a UPIN to speed the process along. Once the expungement process is complete, they have no way of knowing. The state local agency has to destroy their case file as well. Also worth noting, is ATF does not perform NICS checks. All of that information comes from FBI Martinsburg. On a denial, FBI are the ones that puts the information together for the ATF denial process. | |||
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His Royal Hiney |
Yep. Lawyer calls up to say he thinks there’s a new rule? Tell me more. Well, you have to pay my hourly fee for me to research it for you. "It did not really matter what we expected from life, but rather what life expected from us. We needed to stop asking about the meaning of life, and instead to think of ourselves as those who were being questioned by life – daily and hourly. Our answer must consist not in talk and meditation, but in right action and in right conduct. Life ultimately means taking the responsibility to find the right answer to its problems and to fulfill the tasks which it constantly sets for each individual." Viktor Frankl, Man's Search for Meaning, 1946. | |||
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Step by step walk the thousand mile road |
I have not read it, but I believe this rulemaking is what you are asking about.
Nice is overrated "It's every freedom-loving individual's duty to lie to the government." Airsoftguy, June 29, 2018 | |||
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| Member |
Hey, I haven't seen a specific new ATF rule that changes the impact on expunged records, but the ATF can sometimes update their guidelines or interpretations. It might be a good idea for him to check in with a legal expert who specializes in firearm laws to get the most accurate and current advice. | |||
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