Expert: Dan Haynes - 6/6/2011

Question
In 1994 I was convicted of domestic violence in Alaska (no guns or weapons involved). I heard a conviction of DV does not prohibit purchasing guns in Alaska but I do not want to fill out the form 4473 questions on DV based on an assumption, filling out form 4473 wrongly as you know is a felony and I'd like to avoid that. Is there any way to check if I can legally purchase and own before I attempt a purchase? I picked up the info below from a posting on another site and I really don't know if it's true, I appreciate your time, thank you.:
18 USC § 922 (g)(9); (Note: although federal law prohibits owning or buying a gun if the abuser is convicted of a "domestic violence misdemeanor," none of Alaska's domestic violence misdemeanors have the 'intentional' element that is required under current case law to meet the federal definition. Therefore, a conviction for a domestic violence misdemeanor in Alaska does not make it illegal for an abuser to own or buy a gun. See United States v. Nobriga, 474 F.3d 561 (9th Cir. Ct App., 2006))
** Alaska Statute § 12.55.015(f)
*** Alaska Statute § 18.65.515(b)"



Thanks.

Answer
Matt,

Thanks for asking. Federal firearm laws state that DV charges will prevent firearms ownership. So on the form 4473, when you put yes to conviction of crime of violence, you will be denied.

One of two options would clear your record:

You can get legal help to file to expunge or pardon your record.

Best regards,

Dan