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2nd Amendment and Right to Bear Arms/Gun Possession and DV charge set aside.

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Expert: - 5/17/2010


Question
I have read every where and get both sides to the question of if a convicted Domestic Violence Misdemeanor prevents one from owning a firearm if the conviction was set aside by the judge himself.  The ATF website clearly states you can and there is other references to that also on the Lautenberg Amendment.  I had my charges "set aside" in Arizona and the Police Department here just returned to me a pistol after doing their check which was stolen from my vehicle 10 years ago!  Are the police here wrong? Did they make a error in returning my pistol to me?

So bottom line is lets clear it up, because alot of "experts" are telling two different stories. Thank you very much.

Answer
Why are you asking me this here? The is the Second Amendment topic, not a Criminal Justice one!

And if the BATFE Website (to which you neglected to provide a direct link) gave you the answer you wanted, and law enforcement in your jurisdiction agreed and returned your firearm to you, what's your problem?

Learn to take "Yes" for an answer, Brian.

[sheesh!]

2nd Amendment and Right to Bear Arms

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Dean Speir

Expertise

I can answer questions about Handguns, Rifles, Ammunition, the Firearms Industry, the "gunzine game," practical accessories for self-defense (CCW) handguns; rumor control on firearms myths, errata on the "gunshop grapevine."

I am NOT an Attorney, and nothing I provide here should be relied upon as legal advice. Therefore, please do NOT make inquiries about Criminal Justice issues... this is the Second Amendment topic.

Nor do I do "Private Consultations." Want to made it "private," retain an attorney.

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25 years practical and competitive hangunning; 26 years in the firearms industry; 15 years writing for the gunzines, including 4½ years as Industry Editor for The New Gun Week; maintainer of www.thegunzone.com.

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Life Member, NRA

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Guns Magazine, Combat Handguns, Petersen's Handguns, American Handgunner, The New Gun Week, Gun & Shooter, American Handgunner, Shooting Industry, American Firearms Industry, Machine Gun News, Practical Shooting International, Law Enforcement Techology, Police Product News, The American Guardian, The Shotgun News, Visier (Germany) and various DBI Books.

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BA in English Graduate Lethal Force Institute Graduate Gunsite Graduate Defensive Training Institute

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