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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26753
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was convicted of 18.2-57.2 2009 and Misdemeanor assault in 91. Am I restricted from

Customer Question

Hi I was convicted of 18.2-57.2 2009 and Misdemeanor assault in 91. Am I restricted from owning a firearm. How do I answer the AFT background check. The only infraction since then was a speeding ticket in 2011(?) 10 over in a 35 zone.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
My name is ***** ***** I am an experienced criminal lawyer.
Unfortunately, I do not have good news for you. A conviction for a crime of domestic violence costs an offender both his state and Federal gun rights. Under the Violence against Women Act and the Lautenberg Amendment, the Federal bar against your gun rights is for life. Without Federal rights, state rights are not meaningful as you could still be charged with a Federal offense as a felon in possession of a firearm.
You will not be able to clear a NICs check if your domestic assault:
". . . 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." See 18 USC 921 (33)(A)(ii)
If you can get your felony expunged or pardoned, however, the Federal government can lift that bar. As far as an expungement in Virginia is concerned, your state will only expunge convcitions if there's a pardon from your governor.
Pardons are free, so you might as well try for one. You can learn more about the pardon and download the forms here.

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