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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 3 decades of experience in the legal field.
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In 2008, I got a domestic violence charge in Sparks, NV. I

Customer Question

In 2008, I got a domestic violence charge in Sparks, NV. I lost my gun rights because of that charge and am looking to get my rights reinstated
JA: Has anything been filed or reported?
Customer: That's my question. I called the courthouse to get the name of the judge and was told that I need to speak with an attorney.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Nevada, Washoe County
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nothing I can think of at the moment.
Submitted: 9 months ago.
Category: Legal
Expert:  LawTalk replied 9 months ago.

Good morning,

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

As you are likely aware, federal law generally makes it a felony for a person to be in possession of a firearm if the person has any prior felony conviction, or a misdemeanor conviction for domestic violence.

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.

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.

So you will need to contact a local criminal defense attorney who can file your Petition for Expungement, and get the ball rolling.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,