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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3169
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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In 1999 I was found guilty for Domestic Violence. The lady

Customer Question

In 1999 I was found guilty for Domestic Violence. The young lady was not my girlfriend or spouse. what happened was her brother and I was in a altercation and she jumped in. I was the one that called the police but was still arrested and charged. I have been trying to get my gun permit for the past 3 months since I was able to join the United States Army in 2007 what can I do
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

A conviction of Domestic Violence, under the Brady Act, acts as a lifetime federal ban on you owning, possessing or using firearms.

Though, there is an exception. That exception depends on whether you have had your civil rights restored. And whether you have had your civil rights restored for a state conviction is determined by state and NOT federal law.

Federal law requires that for the feds to recognize the state restoration of rights, the state restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. The restoration of your gun rights is accomplished by you apply to the court for, and being granted, an expungement of your conviction.

Once you have the expungement order and restoration of rights, you will also need to send a copy of the order to the FBI Gun Appeals unit to have them enter the order in their computer records as well. That way, you won’t be flagged and denied when you apply to purchase a firearm and the seller runs the required background check.

If you have been denied a firearm transfer after you have received an expungement, you may access the following FBI website for information about appealing your denial, and be sure to send a copy of any expungement order you might have with your appeal:

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,