Q: California Resident. Federal Gun App. Domestic Violence Misdemeanor over 10 years old. Expunged Conviction.
Federal Firearm application instructs to answer "No" on misdemeanor DV conviction if it has been expunged/relieved/set aside. It has. It is still subject to California 10 year ban. Its been over 10 years. Its pretty clear on federal application instructions. Does the expunge clear Lautenberg?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Based on the details you've provided, it seems that your situation involves the intersection of federal and California state laws regarding domestic violence misdemeanors and firearm rights restoration. Let's break this down:
1. Federal law (the Lautenberg Amendment) prohibits individuals convicted of misdemeanor domestic violence from possessing firearms. However, if the conviction has been expunged, set aside, or the person has been pardoned or had their civil rights restored, the federal prohibition no longer applies, unless the expungement, pardon, or restoration expressly prohibits firearm possession.
2. California law imposes a 10-year ban on firearm possession for individuals convicted of certain misdemeanor domestic violence offenses. This ban applies even if the conviction has been expunged under California Penal Code section 1203.4.
3. You mentioned that your conviction occurred over 10 years ago and has been expunged. If the federal firearm application instructions clearly state that you should answer "No" to the question about misdemeanor domestic violence convictions if the conviction has been expunged, and it has been over 10 years since your California conviction, then it appears you may be eligible to possess a firearm under both federal and California law.
However, given the complexity of the interaction between state and federal laws, it is strongly advised that you consult with a California attorney specializing in firearm rights restoration to review your specific case and provide personalized legal advice before proceeding with a firearm purchase or possession. They can help ensure that you are indeed eligible under both state and federal law and help protect your rights.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
