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AZ Misdemeanor DV and Gun rights >

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bob1966tb

Junior Member
What is the name of your state (only U.S. law)? AZ

All, I was convicted of Disorderly Conduct - DV in 2002.

In 2008 I petitioned the court to have my conviction "set aside". The court approved and my conviction was "set aside". I verified this by obtaining my public records.

This is the only time I have ever been arrested and is the only conviction I have ever received.

It is my understanding that the "set aside" doesn't alter my ability to NOT be allowed to legally posses a firearm.

I should note that at no time during the criminal hearing was I informed that by accepting the conviction - I would loose my gun rights.


So.... am I correct that the "set aside" doesn't alter the restriction that I may not legally posses a firearm ?

Is there any legal solution that would allow me to regain my firearms rights ?

Thanks for feedback.

Bob
 


xylene

Senior Member
Lautenburg

What is the name of your state (only U.S. law)? AZ

All, I was convicted of Disorderly Conduct - DV in 2002.

In 2008 I petitioned the court to have my conviction "set aside". The court approved and my conviction was "set aside". I verified this by obtaining my public records.

This is the only time I have ever been arrested and is the only conviction I have ever received.

It is my understanding that the "set aside" doesn't alter my ability to NOT be allowed to legally posses a firearm.
Your set-aside may allow your to possess, but may not. Consult a lawyer before attempting to acquire any firearms.

I should note that at no time during the criminal hearing was I informed that by accepting the conviction - I would loose my gun rights.
Many penalties exist for a criminal record, especially for DV. I really doubt you have any claim of ineffective counsel. It doesn't matter.

So.... am I correct that the "set aside" doesn't alter the restriction that I may not legally posses a firearm ?
You may not lawfully purchase or possess a firearm unless your set-aside means that under Lautenburg you were not convicted.


Is there any legal solution that would allow me to regain my firearms rights ?
The repeal of The Domestic Violence Offender Gun Ban, often referred to as "the Lautenberg Amendment".

State law may also apply.

Consult a lawyer. The NRA and other pro-gun groups can refer you to an expert in gun rights cases.
 

bob1966tb

Junior Member
Thank you !

Xylene,

Thank you for your timely and succinct feedback.

I don't expect the Lautenberg Amendment to be repealed in my lifetime.

AZ State law doesn't remove a misdemeanor until the convicted person is 99 years of age. ( "only" 44 more years to go ;) for me ). A "set aside" doesn't remove the conviction.

I should have gone to trial in the first place --- as the circumstances would probably have resulted in a Not-Guilty verdict.

Oh well... hindsight is 20-20.

Best Regards,

Bob
 

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