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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 24919
Experience:  Active member of the NYS bar since 1989
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I have been denied the right to buy weapon of any type for

Customer Question

I have been denied the right to buy weapon of any type for the last few years. their reason has been a domestic VIOLENCE ON MY RECORD. I have recentley went to the police dept and picked up my scope. There shows no DV conviction, no arrests, and never any incarceration! I am A
JA: Since laws vary from place to place, what state is this in? And when did this happen?
Customer: This is Nevada, I am a disabled and decorated combat Veteran, and the ammount of pain ,depression low self esteem from this is ruining my life!!! Could you please advise my name is***** email;***@******.***
JA: Has anything been filed or reported?
Customer: Not yet , but I have found an attorny who says they will seal my record, but it is expensive!
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that I am an honest older Veteran who is simply trying to hold my head up high!!!
Submitted: 1 month ago.
Category: Legal
Expert:  Zoey, JD replied 1 month ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now.

Are you saying that you've never been convicted of a crime? What and where is the crime that is in the Federal data base?

Customer: replied 1 month ago.
ok then lets keep talking
Expert:  Zoey, JD replied 1 month ago.

The site has indicated that your payment for the phone call didn't go through. So I am unable to call you at this time. Customer service will contact you to sort that out, if you still wish a call later.

Meanwhile, we can continue to communicate here. However, I need a better sense of what is actually going on. I'd appreciate it if you answer the questions that I asked you earlier:

Are you saying that you've never been convicted of a crime anywhere in the counry? Did you get get a copy of your state or Federal record from the police? What and where did the alleged domestic violence case occur? Are you saying it wasn't you?

Customer: replied 1 month ago.
OK I Hear You! I have inthe past bee arrested for A Couple of DUI'S That was many years ago, and I am Rehabilitated.Other than that, I have never bee arrested
Yes I went and got a scope the other day. I burned it in my laptop; would you like a copy? Alright the charge for Domestic, seems to be dted 6-13-2009, I am not saying that it wasn't me, The case was throughd out because my wife when court with me and simply told them i would hurt anbody ever. Now they had coucelers coming over to talk to hear, That had a 40 minute meating right during the court secion whiI was never privy too! Now,
Expert:  Zoey, JD replied 1 month ago.

Thank you.

So you're saying that it was you, but you pled not guilty when you appeared in court and the case was never prosecuted.

In that case, there's no reason that you should have been denied your gun rights. An arrest for domestic violence is not a conviction, and it is only the conviction which will cost you your Federal rights.

Your remedy would be to appeal the denial to the FBI, attaching your documentation that you have no such domestic violence conviction and that the case was never prosecuted. Here's how you can do it.

https://www.fbi.gov/file-repository/nics-guide-for-appealing-a-firearm-background-check/view

Presently there is a heavy backlog on appeals because when Obama toughened background checks to make them more comprehensive, they diverted staff working on appeals to tend to backgrond checks instead. So it could take a while before anything will happen. The new administration came in as a strong believer in the Second Amendment, so this may be rectified soon.

Expert:  Zoey, JD replied 1 month ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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