Nics

[CypherNinja]

You need to buy more guns! The 4473 hasn't been yellow for a couple of years now.

Where have you been? They are yellow again.

http://www.thehighroad.org/showthread.php?t=401265

 

[stonefeather]

WOW!!! Thanks for all the replies. I am overwhelmed that there are so many actively involved individuals who really care about our gun owner rights and how to preserve them.

The replies to my post were both very appreciated and helpful. I still have a few follow up questions to clear up a few things that I'm not clear on.

First, I understand that since I'm not a felon (1 Misdemeanor) I can own guns in Texas, but according to federal law I am not allowed to own? (B/C of the "Domestic Violence" tag to my arrest record?)

I am still confused because I have owned and purchased guns all my life. Just had trouble since this new NICS stuff went into effect.

Yes the FFL can sell after three days but Acadamy store policy is they DO NOT sell if you are anything other than Go. (which is why my "delay" status got me nowhere.)

I will follow the advice and seek out a lawyer to try to get my record expunged. I feel robbed B/C my intentions were honorable but was basically thrown under the bus by that J.P. Any other replies welcome as I gather info to present to the lawyer so I don't look like a complete fool who's soon to be parted with my $

ThanX All,
Stonefeather

 

[TheGrim86]

Speak with a lawyer. But an expungement is not what some people on here are making it sound to be. Its not an erase all/never happened process. Its just no longer public record. And I thought you said it was simple assault, so what are you worried about domestic violence laws with? It was domestic, but they didnt charge you with domestic, so no worries.

 

[NavyLCDR]

Below is what the definition of crime of domestic violence from 18 USC 921, notice that the conviction does not have to be specific for "domestic violence", the conviction can be for assault, committed against a spouse. Also, expungement does count in this case. See the bolded part below:

18 USC 921:

(33) (A) Except as provided in subparagraph
(C), the term "misdemeanor
crime of domestic violence"
means an offense that—
(i) is a misdemeanor under
Federal or State law; and
(ii) has, as an element, the use
or attempted use of physical force, or
the threatened use of a deadly
weapon, committed by a current or
former spouse, parent, or guardian of
the victim, by a person with whom
the victim shares a child in common,
by a person who is cohabiting with or
has cohabited with the victim as a
spouse, parent, or guardian, or by a
person similarly situated to a spouse,
parent, or guardian of the victim.
(B) (i) A person shall not be considered
to have been convicted of
such an offense for purposes of this
chapter, unless—
(I) the person was represented
by counsel in the case, or knowingly
and intelligently waived the
right to counsel in the case; and
(II) in the case of a prosecution
for an offense described in this
paragraph for which a person was
entitled to a jury trial in the jurisdiction
in which the case was tried, either
(aa) the case was tried by a
jury, or
(bb) the person knowingly
and intelligently waived the right
to have the case tried by a jury,
by guilty plea or otherwise.
(ii) A person shall not be considered
to have been convicted of
such an offense for purposes of
this chapter if the conviction has
been expunged or set aside, or is
an offense for which the person
has been pardoned or has had civil
rights restored (if the law of the
applicable jurisdiction provides for
the loss of civil rights under such
an offense) unless the pardon, expungement,
or restoration of civil
rights expressly provides that the
person may not ship, transport,
possess, or receive firearms.

 

[Dr. Tad Hussein Winslow]

Oh... you asked for suggestions.....

Lawyer up.

Sorry,
thank Senator Frank Lautenburg for all his help is screwing over guys like you.

That's the long and the short of it. You need an expungement. Time to break out the rainy day lawyer fund. Make sure you get a good/experienced one.

I don't suppose that it's of any consolation to you that these stories that abound from guys like you in similar situations do indeed serve as an effective glaring reminder to those of us never married or engaged to avoid the fairer (and crazier) sex like the plague, at least as far as long-term relationships go?

 

[HOME DEPOT GEORGE]

Thegrim86 I believe you are wrong about the record. On the order of expungment I have for my records there are copies of orders to the various agencies to dispose of all records of any arrest or conviction and even fingerprints as far as I know under penalty of law.

 

[J23]

I was under the impression that following a 72 hour delay, with no response, that you are entitled to your firearm?