Ok, you go to court, get misdemeanor expunged. Who tells you about the Lautenberg amendment life time ban? The Judge? Is it on paper from the court?
08-12-2010, 4:49 PM
By the time you get the conviction expunged the ban is already in place, so there is no reason to tell the anyone about anything.
Alright you have a life time ban. If I'm reading the following right, no trial-no lawyer, then Lautenberg doesn't apply.
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 44 - FIREARMS
(A) Except as provided in subparagraph (C),2 the term “misdemeanor crime of domestic
violence” means an offense that—
(i) is a misdemeanor under Federal, State, or Tribal 3 law; and
(ii) has, as an element, the use or attempted use of physical force, or the threatened use
of a deadly weapon, committed by a current or former spouse, parent, or guardian of the
victim, by a person with whom the victim shares a child in common, by a person who is
cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a
person similarly situated to a spouse, parent, or guardian of the victim.
(B) (i) A person shall not be considered to have been convicted of such an offense for
purposes of this chapter, unless—
(I) the person was represented by counsel in the case, or knowingly and intelligently
waived the right to counsel in the case; and
(II) in the case of a prosecution for an offense described in this paragraph for which a
person was entitled to a jury trial in the jurisdiction in which the case was tried, either
(aa) the case was tried by a jury, or
(bb) the person knowingly and intelligently waived the right to have the case
tried by a jury, by guilty plea or otherwise.
(ii) A person shall not be considered to have been convicted of such an offense for
purposes of this chapter if the conviction has been expunged or set aside, or is an offense
for which the person has been pardoned or has had civil rights restored (if the law of the
applicable jurisdiction provides for the loss of civil rights under such an offense) unless
the pardon, expungement, or restoration of civil rights expressly provides that the person
may not ship, transport, possess, or receive firearms.
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