Expert: n/a - 5/8/2009

Question
In 1994 I plead guilty to misdemeanor domestic violence to keep from putting my young children on the stand. In 1996 the law was amended to retroactively deny my ability to own a firearm. I was unaware of this. I applied for a handgun purchase certificate in Nebraska (Omaha) and was informed of it. I had the conviction set aside and Nebraska law says that it makes it as though it never happened. Now I have been granted my State permit to purchase and purchased a firearm. I went to an out of state gun show where the state permit is not recognized and was informed that I was disqualified by the FBI. I appealed to the Voluntary Appeals Files and after TWO years I was sent a letter saying that the Nebraska Attorney General wrote an opinion that says that I am still considered disqualified. I cant find it anywhere but my firearms purchase card is about to expire and I dont want to lose my handgun or get arrested so what do I do?
Thank You,
Arthur

Answer
If you have proof that your conviction was set aside then you are good, just send a copy to ATF with a letter explaining your situation.  Read Federal Firearm code 18. U.S.C 921 (A).  Also on the reverse side of the Firearm purchase application it states that if you were convicted of a crime and had restoration of rights or conviction set aside you are cleared to put no for a conviction for that purpose.

You must have a firearm permit as well as a purchase permit because of our conviction.  Until you are approved for a firearm permit you are illegally in possession of a firearm.  If any Police Officer stops you and happens to run your background they would immediately arrest you for transporting a firearm illegally with a domestic violence conviction.

The Attorney Generals opinion does not override a federal law.

Good Luck