Posted: 4/1/2005 7:35:12 AM EDT
| Hello fellow Nevadians. I have a question regarding the state laws. I have a buddy who was convicted of domestic violence over five years ago and would like to purchase a firearm. It goes to be said that he is a changed man and is actually now married to the same woman. If anyone can help let me know. Thanks. |
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Have him drop by and thank this asshat: lautenberg.senate.gov/about.html Frank baby is all about helping out us gun owners, you know..... What is it about New Jersey and irrevocable bans on guns and rights? 1. 1986 machinegun ban 2. Lautenberg law Hmmmmm. I see a pattern here. |
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The below is not legal advice, just personal knowledge: In Nevada your friend can get his record sealed after seven years. Once the sealing process is complete, the arrest/conviction will not show up on any background checks i.e. NCIC, SCOPE, NICS, etc, and his record will also be sealed in the FBI's files. Please Note: Sealing is NOT the same as expongement. Expongement is when all criminal records are "purged" from the system forever. Sealing is exactly that. The record is taken from an open criminal file and sealed either physically and stored as a hard copy, or the file is taken from the open file history and sealed electronically. Unlike expongement, if a person is arrested the District Attorney can petition the court to open the sealed file, and if there is anything in that file that relates to the current charge, that previous record can be used against the individual at trial. As it stands now, with a Domestic Violence conviction he is prohibited from possessing even one round of ammunition, let alone being able to legally purchase/possess a firearm of any kind. The law sucks. It was designed to be nothing more than back door gun control aimed at the male gender. If your friend is in Las Vegas, have him contact the below attorney to get him on the right track: JOHN C. WAWERNA Attorney at Law 614 South Sixth Street Las Vegas, Nevada 89101-6920 (702) 382-3793 Hope this helps. Be Safe. Joe |
Getting a record sealed through an attorney is not as expensive as one would think. If you can't afford an attorney you might want to try here: Clark County Legal Services (record sealing) This link contains all the information needed regarding the sealing of records in Nevada. Hope this helps. Be Safe. Joe |
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Sealing is pretty easy, and straighforward, but I don't think it will achieve what Akuzer's friend is trying to do, which is restoration of his gun rights. NRS § 179.285 (2004) Order sealing records: Effect; proceedings deemed never to have occurred; restoration of civil rights Except as otherwise provided in NRS 179.301: 1. If the court orders a record sealed pursuant to NRS 176A.265, 179.245, 179.255, 179.259 or 453.3365: (a) All proceedings recounted in the record are deemed never to have occurred, and the person to whom the order pertains may properly answer accordingly to any inquiry, including, without limitation, an inquiry relating to an application for employment, concerning the arrest, conviction, dismissal or acquittal and the events and proceedings relating to the arrest, conviction, dismissal or acquittal. (b) The person is immediately restored to the following civil rights if his civil rights previously have not been restored: (1) The right to vote; (2) The right to hold office; and (3) The right to serve on a jury. I have been asked to help with this issue before, and upon realizing that sealing would not restore the rights sought, I inquired with the pardon's board. Here's the applicable statute for restoration of rights after a pardon: § 213.090. Pardon: Restoration of civil rights; limitations 1. Except as otherwise provided in subsection 2, a person who is granted a pardon for any offense committed: (a) Is immediately restored to the following civil rights: (1) The right to vote; and (2) The right to serve as a juror in a civil action. (b) Four years after the date that his pardon is granted, is restored to the right to hold office. (c) Six years after the date that his pardon is granted, is restored to the right to serve as a juror in a criminal action. here's a dated Attorney General OPINION on the subject matter: OPINIONS OF ATTORNEY GENERAL A PARDON RELIEVES A PERSON FROM ANY FURTHER PUNISHMENTS FOR A CRIME, WHILE A RESTORATION OF CIVIL RIGHTS allows a convicted person to vote, hold office and avoid certain requirements to register as a convicted person. Such restoration does not allow a convicted person to carry a concealed firearm, enable the individual to avoid professional licensing restrictions, or relieve the individual of statutory enhancements based upon the underlying conviction. AGO 83-13 (9-14-1983). |
Sounds like akuzer's friend needs to consult with a criminal defense attorney. I suggest: JOHN C. WAWERNA Attorney at Law 614 South Sixth Street Las Vegas, Nevada 89101-6920 (702) 382-3793 |