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Hammer O'Justice
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
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Experience:  9 years legal experience, primarily in criminal justice
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I live in Nebraska and the other day I went down to the Sheriff

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I live in Nebraska and the other day I went down to the Sheriff and filled out an application for a Firearm purchase certificate. Today I went back to the Sheriff and picked up the certificate. Then I went down to the local gun shop presented my certificate and picked out a gun. I was asked to fill out an application similar to the one I filled out at the Sheriff's department. this application was from the BATF. I answered all the questions no accept the one that asked me if I had ever been convicted of a misdemeanor of domestic violence. I had to answer the question yes. The shop owner and I went over an exclusion that would have allowed me to answer the question "no". I didn't feel comfortable in that because I really didn't understand what the exclusion was. The following is what it said
Question I Li. Definition of Misdemeanor Crime of Domestic Violence: A
Federal, State, local, or tribal offense that is a misdemeanor under Federal, State,
or tribal law and has, as an clement. the usc or attempted usc of physical force, or
the threatened usc of a deadl y 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, hy a person who is eohabitating 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. The term includes all misdemeanors
that have as an clement the usc or attempted usc of physical force or the
threatened use of a deadly weapon (e.g., assault and bartervj, if the offense is
committed by ouc of the defined parties. (See Exception [0 I I.e. and JI.i.) A
person who has been convicted of a misdemeanor crime of domestic violence also
is not prohibited unless: (I) the person was represented by a lawyer or gave up
the right to a lawyer; Ot (2) if the person was entitled to a jury, was tried by a JUry,
or gave up the right to a jury trial. Persons subject to this exception should
answer "no" to I I.i.

What I don't understand is why I got the ok to purchase a gun from the State of Nebraska but when I got down to the gun shop and answered the same questions the same way but was turned down. I would ad that there was no use of any weapon in my domestic violence case. It was more self defense than anything. And one other thing. I went through the public defenders office at the time of this case against me and when court time came my public defender didn't show up. Another lawyer from their office just happened to be at the courthouse and he was there but I wouldn't say that he represented me. All he did was explain to me what the difference of pleading no contest was.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Hammer O'Justice replied 2 years ago.
Hello.

Unfortunately, the state and federal governments have individual laws relating to firearm ownership. So while you may not be a prohibited person under state law (some states only disqualify felons), under federal law you may because the prohibition is a lot more inclusive than many states. As the application told you, federal prohibitions include all felonies, misdemeanors punishable by more than 2 years in jail (whether or not jail was given), and domestic violence cases. So under Nebraska state law you may be permitted to possess a gun, but federal law prohibits you because of the DV conviction. The exceptions only apply to people who were forced to go forward without an attorney or were refused a jury trial when they had a right to one.

The only way to restore your right under federal law is to have the conviction removed from your record entirely. A set aside does not restore your firearm rights, so you'd have to apply for a pardon. You can start here if you want to pursue it:
http://www.pardons.state.ne.us/app_guidelines.html

The link to the application is also on the site. Good luck!
Hammer O'Justice, Criminal Lawyer
Category: Criminal Law
Satisfied Customers: 3970
Experience: 9 years legal experience, primarily in criminal justice
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