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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117370
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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In 1995 I plead guilty to a (Simple Assault in Atlanta Ga),

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In 1995 I plead guilty to a (Simple Assault in Atlanta Ga), Dropped from Domestic battery. I served no time and was allowed to serve probation out of Georgia in my then home state of Indiana. I have no other conviction record and am now 41 living in Nevada. I purchased a 20 ga shotgun in december 2012 after a background check. And was contacted by the ATF yesterday being told I was unlawfully in possession of the gun. I sold the gun today to a local sporting goods store. Notified the ATF of the disposal of the gun. They say I am now in the clear. The gun shop faxed a request of denial to the ATF on my behalf to find out more. I am looking for a Georgia attorney to help me regain my firearms rights. David E [email protected]
Thank you for your question. I look forward to working to provide you the information you are seeking.

Under 18, USC, 922(g)(9), the Lautenberg Amendment, those CONVICTED of a crime of domestic violence are prohibited from purchasing or possessing firearms. In order to clear this matter up, you will need to get a true copy of the conviction from the clerk of the court where the conviction took place showing that the conviction was not for a domestic violence crime (since it is likely still showing the original domestic violence battery in the computer) and you need to submit that with an appeal to the FBI NICS following the procedure located at FBI Firearms Rights Appeals. You do not need an attorney to conduct the appeals procedure.

If this appeal is denied, then you would have to try to qualify for an expunction in GA under the new law O.C.G.A. 16-13-32, proving that you were sentenced under the conditional discharge provisions, which would require then hiring an attorney in GA and researching the terms of your conviction deal. However, if you prove your conviction was not for domestic violence, most times the FBI will correct the matter and you will be able to purchase firearms again.

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