I was just reading over the Governments "dismiss" motion ... what a sick joke!
From their point of view:
"Under 18 U.S.C. § 922(g)(9), it is unlawful for any person convicted of a misdemeanor crime of domestic violence to possess a firearm. However, the definition of the term “misdemeanor crime of domestic violence” includes the following exception:
A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights, expressly provides that the person may not ship, transport, possess, or receive firearms."
Here comes the double talk:
"The test for whether one’s civil rights have been restored is whether the individual has lost and regained his right to vote, to sit on a jury, and to hold
"In California, as in most states, a conviction for a misdemeanor does not result in the loss of civil rights."
"Because plaintiffs cannot allege that their civil rights were taken
away, they cannot allege that they have had their civil rights restored within the meaning of 18 U.S.C. § 921(a)(33)(B)(ii)."
If they never lost their civil rights...then what are we doing here????
This whole law is unconstitutional! What is wrong with these courts?
Read it yourself http://madison-society.org/laws/032-1%20MTD%20PaA.pdf