Expert: Dean Speir - 10/15/2009

Question
QUESTION: I was convicted of 6 cts of simple burlary and received probation.  I then received a first offender pardon from the gov. of Louisiana. I am in the process of getting my record expunged. What else do I have to do to have my second amendment rights restored, ie. I want to purchase a gun for hunting purposes. I am under the impression that an expungment is only on a state level and not a federal level. Which hinders me from purchasing a gun.

ANSWER: Well, Cris, since you're in the process of all this record expungement stuff, you must have an attorney. Suggest that you pose this to your counsel who will be familiar with your case as well as the governing law.

An "expungement" is a pretty good start, I'd say.

G'luck…

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QUESTION: Actually, no I don't have an attorney at the present time.  In Louisiana a person can file any document with the court without an attorney (in proper person).  The clerk's office tells you what you need to address, you file it and hope for the best. I used a Public Defender for the Burglary charges, but they will not help me with an expungment.

ANSWER: Thank you for the clarification. I suspect, however, you will get what you pay for.

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QUESTION: You are exactly right, you do get what you pay for.  Being that this web site is free and you have not answered my question. You...don't know the answer of what I need to do to restore my second amendment rights...Do you?

Answer
You came here looking for a freebie, and you got it.

If you cannot find value in the responses, others can.

You've been told that "expungment" is a good place to start. Let me be clearer -- short of a pardon, expungment is the only place to start.

And since the Federal prohibitions stem from the state convictions, without the underlying felony record, you should be able to pass the FBI's NICS check, with the proviso that you'll likely have to establish a VAF, or Voluntary Appeals File. (See: http://www.nafr.org/NICS/121504appeals.pdf)

Now, instead of coming back here with an attitude, the rest of your 'Net research should focus on the BATFE and FBI NICS sites.

But stay with the expungement process!