I would love some references pertaining to that. I have also heard that most of the people charged under the Lautenberg Amendment were either guilty of some other crime ie- drug trafficking or on federal land. You seem knowable about this topic so id like to ask you. What would you advise your father in this situation? It seems like a greater risk to his safety to not own a gun then to own one and protect himself and stay off the feds radar....
Also what do you think about the Federal case were the man got his federal rights restored due to no known processes to restore them? That should apply to the L amendment as well but I wouldn't want to be the test case.
Preface: This is free and my opinion, as I mention in a few lines - hire a lawyer if for nothing else than explaining where you stand legally in VA.
Federal firearms disabilities are placed on anyone who is 1) convicted of a felony misdemeanor with a *potential* jail term of more than one year, 2) convicted of a state misdemeanor with a *potential* jail term of more than two years, and 3) convicted of a crime of criminal domestic violence persuant to USC 922(g)(9).
USC 922(g)(9) reads "who ha been convicted of in any court of a misdemeanor crime of domestic violence"
My *unprofessional and free* advice would be:
First, identify if he meets any of those criteria. If he does not, he has no disability in the federal sense. Be wary of how 1 and 2 are worded. Any conviction has to carry a potential sentence less than that listed. While he may have served no time, if he potentially faced that amount of time based on state law and maximum sentences, he would have a disability.
Secondly, once you figure out the federal part, seek the advice of a firearms savvy lawyer in your state. Preferably one with a focus on firearms associated cases. The one to couple hundred bucks you will spend will not only give you peace of mind, a good lawyer will set a plan before you and note what will or won't happen and how to go forward from each step.
Aside from those two, ensure that expungement means expungement (*a first time offender of a prior criminal conviction seeks that the records of that earlier process be sealed, thereby making the records unavailable through the state or Federal repositories.). And verify by, potentially forking over a few bucks, getting a state agency to run a background check on him. Expungement may show, but it should only be as evidence that an expungement was given if its a one time deal (it is here).
It is a deep rabbit hole but, in my opinion, manageable if you are cautious and persistent. As far as current stance, I would highly advise against anything that would make the situation potentially worse. Be that carrying daily or in the car, having one at home, or not at all is a decision that has to be made on a more personal level. I am unaware of any agency swatting folks who are supposed to have a disability at random, but should a situation arise before you know definitely where you stand and it turn out there is a disability and you're in possession - you're talking a minimum 1 year in a federal pen. and a whole lot more legal trouble to undo, not to mention that the sentence qualifies as a federal firearms disability in and of itself.
I have to look up references when I get home because my work doesn't like a lot of firearms searches and the phone makes it tedious sometimes.
A final note: I would rather pay for legal advice and even a retainer to go forward with the knowledge of a firearms attorney behind me than I would have to hire that same attorney after I was arrested for trying to purchase or possessing a firearm with a federal disability.
