ATF New Rule regarding expungement of record?

September 18, 2024, 03:15 PM

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.

September 18, 2024, 04:30 PM

lyman

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

September 18, 2024, 05:14 PM

220-9er

I'd call that lawyer back and ask for something more specific.

September 18, 2024, 07:13 PM

jljones

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.

September 18, 2024, 10:01 PM

Rey HRH

quote:
Originally posted by 220-9er:
I'd call that lawyer back and ask for something more specific.

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.

September 19, 2024, 11:29 AM

Sig2340

I have not read it, but I believe this rulemaking is what you are asking about.

quote:
ipartisan Safer Communities Act Conforming Regulations (Direct Final Rule)

SUMMARY: The Department of Justice (``Department'') is amending Bureau of Alcohol, Tobacco, Firearms, and Explosives (``ATF'') regulations to implement firearms-related definitions and requirements established by the Bipartisan Safer Communities Act (``BSCA'') and the NICS Denial Notification Act (``NDNA''). These statutes went into effect on June 5, 2022, and October 1, 2022, respectively. It is necessary to make conforming changes to ensure that ATF's regulations are current and consistent with the applicable statutes. For this reason, this direct final rule incorporates many of the BSCA and NDNA provisions that are applicable to ATF.

DATES: This final rule is effective on July 18, 2024, unless ATF receives any significant adverse comment by May 20, 2024...

I. Background
...
The Bipartisan Safer Communities Act (``BSCA'') (Pub. L. 117-159) was signed into law and became effective on June 25, 2022. It made
several changes to the mental health services system, school safety programs, and gun safety laws. Among other provisions, the BSCA
requires enhanced background checks for firearm purchasers under 21 years old, addresses Federal firearms license requirements, authorizes
funding for State red flag laws and other crisis intervention programs, creates new Federal offenses for firearms trafficking and straw
purchases, and partially closes the ``boyfriend loophole,'' which previously excluded domestic violence offenses involving dating relationships from firearms restrictions that apply to spouses convicted of similar offenses. This direct final rule serves only to
incorporate many of these new statutory provisions into existing ATF firearms regulations...