Hello from Houston never owned a gun and thinking of buying my first... just have one question.

[toddnjoyce]

...expunged...

Q: Can you provide a source? I ask because most federal agencies don’t recognize expungement. More than a few administrative law cases clearly cite federal agencies have access to anything that was ever populated in NCIC. While I haven’t done any research on BATFE admin law, I see complications from the mindset that feds can’t see an expungement come up in FAA cases a lot.

Pardons and civil rights restoration are an entirely different thing.

 

[TX oddball]

Heh

 

[Renegade]

Q: Can you provide a source? I ask because most federal agencies don’t recognize expungement. More than a few administrative law cases clearly cite federal agencies have access to anything that was ever populated in NCIC. While I haven’t done any research on BATFE admin law, I see complications from the mindset that feds can’t see an expungement come up in FAA cases a lot.

Pardons and civil rights restoration are an entirely different thing.

When I wrote expunge I meant by a judge who sets the conviction aside, as opposed to a pardon where the Gov or POTUS sets it aside. I did not mean expunge in the hidden or sealed from public sense.

 

[toddnjoyce]

When I wrote expunge I meant by a judge who sets the conviction aside, as opposed to a pardon where the Gov or POTUS sets it aside. I did not mean expunge in the hidden or sealed from public sense.

I get that, but expungement is a state concept that the feds don’t recognize.

ETA: I should say most fed agencies. Why that is important is that there are prohibitions at both the fed and state level. Also, having a conviction set aside is different than an expungement.

 

[Renegade]

I get that, but expungement is a state concept that the feds don’t recognize.

The feds do not recognize when a state judge overturns a conviction???? Of course they do.

 

[TipBledsoe]

Howdy and welcome to TGT

 

[Sam7sf]

I get that, but expungement is a state concept that the feds don’t recognize.

Review a 4473.

 

[toddnjoyce]

The feds do not recognize when a state judge overturns a conviction???? Of course they do.

No, they don’t. Just an example, See III., Expungement, sealing & other record relief

Federal<BR />Restoration of Rights & Record Relief

Last updated: November 27, 2022 I. Loss & restoration of civil/firearms rightsA. VoteVoting rights depend upon state law, for people with both state and federal convictio

ccresourcecenter.org

 

[toddnjoyce]

Review a 4473.

Nope. See above.

 

[Sam7sf]

Nope. See above.

It’s on there.

 

[toddnjoyce]

It’s on there.

What is on where?

 

[Bozz10mm]

 

[Renegade]

No, they don’t.

Well you are wrong.

AFAIK, every jurisdiction in the USA recognizes an overturned conviction.

 

[Renegade]

View attachment 255468
View attachment 255476

That is also what it says on the doc he posted.

People with state convictions may avoid the federal bar if their convictions are pardoned, set-aside, or expunged, or if their civil rights have been restored, unless the relief “expressly provides” that they “may not” possess firearms.

 

[Renegade]

I think his account is hacked.

 

[no2gates]

 

[Sam7sf]

What is on where?

Bozz beat me to it

 

[toddnjoyce]

Well you are wrong.

AFAIK, every jurisdiction in the USA recognizes an overturned conviction.

An expungement is not an overturned conviction. The specific application of expungement re: firearms applies to the definition of what is a crime punishable by more than one year in prison. See 18 USC 921 a20. Many states do not restore firearms rights automatically, even thru expungement.

In the OPs case, if his conviction was punishable by more than a year in prison, then the prohibition applies unless the OP has relief thru the convicting jurisdiction.

For example, if the OPs conviction occurred in Tennessee, where evading arrest is a felony, OP is now a convicted felon. Tennessee says felons may not possess a firearm without pardon or petition. So OP moves to Texas. OP is still a convicted felon, so the five year rule in Texas applies and OP could possess in the home, but not carry. OP doesn’t like this, so he applies to TN for expungement only to find out TN does not restore firearms rights with expungement and NICS does not erase the felony report. OP would need a TN pardon or judicial certificate or restoration to have firearms rights restores.

 

[Renegade]

An expungement is not an overturned conviction.

I never said it was. I said "overturned conviction" Twice. Not sure how you got expungement from that.

I wrote:

The feds do not recognize when a state judge overturns a conviction???? Of course they do.

You wrote:

No, they don’t.

I wrote:

Well you are wrong.

AFAIK, every jurisdiction in the USA recognizes an overturned conviction.

 

[toddnjoyce]

I never said it was. I said "overturned conviction" Twice. Not sure how you got expungement from that.

I wrote:

The feds do not recognize when a state judge overturns a conviction???? Of course they do.

You wrote:

No, they don’t.

I wrote:

Well you are wrong.

AFAIK, every jurisdiction in the USA recognizes an overturned conviction.

Look at again at what you wrote, then later clarified.

The critical factor is how long could you have sentenced. hence why I asked what the maximum penalty was.

Once you become a prohibited person, yes that is for life unless you get it expunged or pardoned.