Kansas NICS Appeal 921(a)(20)

[JK LOL]

Hi,

Just looking for support, really... unless someone can point out an oversight I might've made.

Long story short, I'm appealing a NICS denial which was based on 922(g)(1) and an old expunged felony drug charge. Their denial appeal response letter said that I could send them certified court documents and a fingerprint card. So today I mailed them the following:

• Fingerprint card
• Certified journal entry of sentencing
• Certified order of discharge
• Certified order of expungement
• A letter explaining my dispute

The basis of my dispute is 921(a)(20). I'm a Kansas resident with a drug felony that carried a 10yr state firearms prohibition. That 10yr period lasted until 2007.

My civil rights were taken away and restored under KSA 21-4615 and/or 22-3722. I have an order of discharge stating that my probation was terminated as of 1997 to further prove restoration of rights have taken place.

My firearms priviledge was taken away and later restored, by passage of time, under KSA 21-4204 because I was not in possession of a firearm at the time.

I have no state firearms prohibitions under current firearms law KSA 21-6304(a)(3)(A). It's my understanding that if I have no state prohibitions (by statutes in effect in 1992 or by current statues) then I should also be cleared of any federal firearms prohibitions according to USC 921(a)(20).

I know my expungement doesn't relieve any firearms prohibitions, but it does enforce that civil rights have been restored, further qualifying me for the 921(a)(20) exception.

So, I guess I'm just looking for support because there's surprisingly little information online about resolutions of conflict between federal law and state law. Honestly, I cannot figure out what the hangup has been - and I don't expect anyone here will know either, unless they've been through the process already. The only thing I can figure is that Kansas does not SPECIFICALLY "restore" firearms privileges (other than by expiration of the ban) so I have no piece of paper that says "_____'s firearms priviledge is henceforth restored" that I can send to BATFE. Or maybe it's just a matter of them wanting this paperwork on file before they can rule in my favor?

I'm hoping that someone has appealed a denial based on this same criteria, with favorable results. I could just use a little good news and morale support.

That said - if I'm in error of law (or operation of NICS), feel free to point that out as well!

 

[calaverasslim]

Good luck. I live in TX. and am ignorant of revelant Texas law and am totally ignorant of KS. law. But I do wish you luck.

 

[BSA1]

I am a former Kansas parole officer so my information could be out-of-date. You have two separate issues;

1. You are a prohibited person based on Federal law.

2. You are a prohibited person based on Kansas State law.

You must get expungement from both the Feds and the State.

Federal law allows you to appeal for relief 5 years after your sentence discharge date.

When I was P.O. Kansas was very hard get a expungement from the State. Basically we don't want convicted felons to possess and own guns. I would not take it for granted that Kansas expunged your criminal record.

So even if Kansas says all is well you still have to get your conviction record cleared by the Feds. Best advice is to consult a lawyer.

 

[Frank Ettin]

18 USC 921(a)(20) reads (emphasis added):

(20) The term “crime punishable by imprisonment for a term exceeding one year” does not include—

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
​

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

However, without actually looking at the OP's documents and doing a bunch of research with regard to Kansas law, there's no way of opining reliably on the OP's situation.

If he has questions relating to his situation, the best thing for him to do would be to consult with a qualified Kansas lawyer.

I don't see any way we can help him here.