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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27757
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I am trying to figure out if I have a felony conviction on

Customer Question

I am trying to figure out if I have a felony conviction on my record, or why it is not possible for me to buy a gun or apply for a concealed weapon license. I was under the impression that the outcome of some charges were all misdemeanor's and there was only a 3 year wait after domestic violence charges before you could begin buying again.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.


The problem is probably not with the state where you got your conviction. A misdemeanor crime of domestic violence will also lose you your federal gun rights. Because of the violence against women act and the Lautenberg amendment, the loss of your federal rights is for life. The only possible way you would have to restore your federal gun rights would be to get your domestic violence matter expunged or, if you can't wear that doesn't do it, you would need a pardon from the governor of Florida.

Customer: replied 1 year ago.
Wow, A conviction of battery touch or strike (even tho there was no contact) removes your gun rights for life? Holy cow.
So, is expunging my record possible by myself, or is an attorney required?
Expert:  Zoey_ JD replied 1 year ago.

Sorry for the delay. I stepped away from the computer.

If you look at 18 USC 922 -- the Federal statute for unlawful acts relating to firearms, you will see that a domestic violence conviction takes away your Federal righst. 18 USC 921 defines domestic violence offense. YOu might want to look at that, because if it doesn't meet the definition, then you can appeal the denial of a NICs application. You can see more about the Lautenberg amendment and its consequences here. As you can see, even if Florida is willing to restore your rights, the Federal government doesn't have to accept that.

I've just looked at Florida law for cleaning criminal records. Unfortunately,the state of Florida does not expunge convictions. So the only way you could reinstate your Federal rights would be if you got a pardon from the governor. You don't need a lawyer to apply for one and they are free. You can read more about that and see how to do that here.

I see you didn't bargain on being told bad news, and I'm sorry to have to be the one to convey it to you.