DazedandConfused
Member
- Joined
- Nov 1, 2007
- Messages
- 3
I was denied a CA DOJ firearms clearance due to a 1993, expunged, misdemeanor domestic violence conviction.
I appealed the decision on the following basis:
I am not prohibited by California law because the conviction is over 10 years old. California Penal Code section 12021(c)(1) excerpt “within 10 years of the conviction”.
I am not prohibited by Federal law because the conviction has been lawfully expunged. Title 18 U.S.C. 921(a)(33)(B)(ii) excerpt. “Also, the law would not apply if the conviction has been expunged”.
DOJ upheld the denial based on a directive they received from ATF. Here http://ag.ca.gov/firearms/infobuls/0405.pdf is a link to the bulletin advising DOJ to uphold the denials however, I have been unable to get my hands on the directive issued by ATF therefore I do not know the basis for their opinion or how/why they are ignoring Title 18 U.S.C. 921(a)(33)(B)(ii).
Any help on this is appreciated. I am hearing that I am not the only one experiencing this.
Thanks
DazedandConfused
I appealed the decision on the following basis:
I am not prohibited by California law because the conviction is over 10 years old. California Penal Code section 12021(c)(1) excerpt “within 10 years of the conviction”.
I am not prohibited by Federal law because the conviction has been lawfully expunged. Title 18 U.S.C. 921(a)(33)(B)(ii) excerpt. “Also, the law would not apply if the conviction has been expunged”.
DOJ upheld the denial based on a directive they received from ATF. Here http://ag.ca.gov/firearms/infobuls/0405.pdf is a link to the bulletin advising DOJ to uphold the denials however, I have been unable to get my hands on the directive issued by ATF therefore I do not know the basis for their opinion or how/why they are ignoring Title 18 U.S.C. 921(a)(33)(B)(ii).
Any help on this is appreciated. I am hearing that I am not the only one experiencing this.
Thanks
DazedandConfused