Quote:
|
Originally Posted by seeker_4
Could a restraining order in itself be an element?
|
A Temporary Restraining Order (TRO), qualifies as a temporary firearms disability. Should the order be made permanent, then the disability would be for life.
Quote:
|
Originally Posted by Spats
youngunz4life, in addition to attempting to get the conviction set aside, as KyJim suggested, one could also try to get:
1) a pardon;
2) an expungement;
3) gun rights restored.
|
The problem here, is that the BATF does not recognize the items in Spats' list, above. This is readily seen in the fact pattern of the case that this thread was split off of. Consider the exception of the statute:
Quote:
|
18 U.S.C. 921(a)(33)(B)(ii) 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.
|
The BATF and the DOJ, through their interpretation of the statute, in particular the portion I highlighted above, insist that if you've never had your right to vote, right to sit on a jury, right to hold elected office taken away (and a MCDV does not normally restrict those specific rights) then you can never have had your rights restored.
In short, the BATF does not consider the loss of the ability to keep and bear arms a civil right.