Q: I was charged with domestic violence, pled guilty to simple assault. I was not informed that my gun rights were going to
Be taken. Is there any way to get them back in tn.
A: Misdemeanor Assault does not create a firearm disability, but Domestic Assault does. You need to get a certified copy of the Arrest Warrant/Judgment with the final disposition on it. Consult with a competent attorney. If non-domestic assault was the Judgment, then you will need to start using that certified copy to clear up the NCIC. It will not be easy. They probably have the original charge as pending, but since you pled guilty to an included offense, you cannot expunge the DA Warrant.
A:
In Tennessee, restoring your gun rights after a conviction for simple assault, which may be classified as a misdemeanor, can be complex but is sometimes possible. First, you need to ensure that your conviction does not include a domestic violence component, as federal law prohibits anyone convicted of misdemeanor domestic violence from possessing firearms.
To begin the process, you should look into getting your conviction expunged or your rights restored through the court. This often involves filing a petition with the court that handled your case and demonstrating good cause for the restoration of your rights.
Additionally, you may need to show that you have met all terms of your sentence, such as completing probation or paying any fines. Consulting with a legal professional experienced in Tennessee firearm laws can help you navigate this process and understand the specific requirements for your situation.
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