Ask Me Help Desk

Ask Me Help Desk (https://www.askmehelpdesk.com/forum.php)
-   Criminal Law (https://www.askmehelpdesk.com/forumdisplay.php?f=407)
-   -   Is it worth it to exponge? (https://www.askmehelpdesk.com/showthread.php?t=418006)

  • Nov 21, 2009, 04:47 AM
    CanIDoIt
    Is it worth it to exponge?
    I have a few guys in my platoon that all have asked me about getting a gun permit when we get home from Iraq. These guys all have criminal records but none of them are the same, yet they all have to do with A&B. Told them I'd ask here to see what the experts say.
    One has a few assault charges with 1 arrest (he thinks it was "domestic A&B") which lead to probation but no jail time but it was about 10 years ago. Another also has a couple A&B charges with 1 being for spanking his girlfriend's kid (the grandma got offended & went to the cops who interviewed him & released him so he wasn't arrested but WAS convicted of A&B on a minor, a felony I believe) which he ended up being on probation, attending anger management & with his girlfriend worked with DYS to fulfill all court mandated obligations.
    1 of them asked "What if I pay a lawyer to get my record expunged, can I get a permit then?". Another 1 asked me "I moved from MA to NC so I'd have to go back to MA to get it expunged then right?". The 3rd 1 asked me "Can I get a hunting license after I take the gun safety class? Can I get denied a CCW even though I've never been to jail?". At this point I said "Guys... I have no idea. You'll have to check with a lawyer or something. Then I thought to myself today, why not ask here?
  • Nov 21, 2009, 05:18 AM
    excon

    Hello I:

    A convicted felon cannot own a gun. A misdemeanor conviction, however, doesn't carry that sanction. An expungement won't hide the conviction from the BATF who issue the gun permit. That guy is going to need a pardon..

    If a guy can't own a gun, he still can't even if he takes a safety course...

    excon
  • Nov 21, 2009, 05:21 AM
    JudyKayTee

    And the how/why of expungement varies by State - if expungement is the question.
  • Nov 21, 2009, 05:37 AM
    CanIDoIt

    Thank you both. I suggested to 1 of them maybe talking to a JAG on the fob here to see what they had to say but he seemed to think that JAGs weren't going to offer advise.
  • Nov 21, 2009, 05:55 AM
    excon
    Quote:

    Originally Posted by CanIDoIt View Post
    Thank you both.

    Hello again, Can:

    No, Sir. Thank YOU! You sit on the wall keeping me safe.

    excon
  • Nov 21, 2009, 08:13 AM
    Fr_Chuck

    Several things, any domestic violence conviction in most states keep you from getting a gun permit ( it may be all but I am only sure about 5 of them)
    That includes any misdemeanor domestic violence also.

    But Federal law as noted, if they have felony convictions they are not even allowed to own a gun. Or even be where a gun is available to them.
    ** OK laugh I know in the military, and carry guns, I have never figured that one out.
  • Nov 21, 2009, 08:19 AM
    J_9
    Quote:

    Originally Posted by excon View Post
    A misdemeanor conviction, however, doesn't carry that sanction.

    It does if it's domestic violence or A&B. ;)
  • Nov 21, 2009, 08:42 AM
    CanIDoIt
    Quote:

    Originally Posted by excon View Post
    Hello again, Can:

    No, Sir. Thank YOU! You sit on the wall keeping me safe.

    excon

    Actually I stand behind a machine gun. You're very welcome, friend.
  • Nov 21, 2009, 08:45 AM
    J_9
    Quote:

    Originally Posted by CanIDoIt View Post
    Actually I stand behind a machine gun. You're very welcome, friend.

    Yes, I thank you for your service as well. My children sleep safe at night because of men and women like you.
  • Nov 21, 2009, 09:48 AM
    twinkiedooter

    Also, you may want to investigate or look into the fact that now if you have any military service under your belt you may be denied owning a gun! Yep. I'd call that another nutty American law(?) to "protect" us from those military trained individuals who like to go on shooting rampages. That makes absolutely no sense to me whatsoever considering who is going to defend America from "invaders" from other countries who carry guns if and when they do come onto our soil.

  • All times are GMT -7. The time now is 03:13 PM.