blue card/background check

[IverNeye]

Hello
Ive been searching everywhere my eyes are about to pop out of my head
ive read so much. So i figured id try here!!! My question is, I
obtained a blue card, thinking I was all set I went to do a gun
transfer and was told that I needed a background check. I have not
received the results yet, but I am guessing that its coming back
turned down. 3 years ago I was set up (youre thinking ya right but I
promise i dont lie) by my crazy alcoholic drug addict ex wife. In order to keep
my son off the witness stand i pleaded a nolo filing in which I was
told was a complete non guilty plea. After taking this plea I was told that I had to complete 36 weeks of DV classes and pay court fees and my record would be expunged, I checked yesterday and it turns out that it wont be expunged until sep 8 2009. My filing was a simple assault/domestic with no lo filing in which the arresting officer called me personally and appologized for arresting me and said that he by law had to arrest me even knowing my ex wifes background. Any info you can give me on where I stand would be greatly appreciated
thanks very much

 

[M1911]

You must contact a knowledgeable firearms attorney. But no, a Nolo Contendre plea is definitely NOT the same as a not guilty plea.

IANAL, but I'd guess that such a plea on a domestic violence charge will make you a federally prohibited person for life under the Lautenberg amendment. http://www.gunlawnews.org/lautenberg.html

 

[IverNeye]

thanks very much, so when you say for life, when my record is clear of that charge I still wont be able to obtain a handgun? ie. if it comes back declined this time, if i go there say mid september will i get the same results?
thanks so much for your time

 

[M1911]

thanks very much, so when you say for life, when my record is clear of that charge I still wont be able to obtain a handgun? ie. if it comes back declined this time, if i go there say mid september will i get the same results?
thanks so much for your time

Honestly, I'm beyond my meager knowledge of the law when it comes to a charge being expunged. You really need to contact (and pay) a knowledgeable attorney, such as:

Darius Arbabi
Keith Langer
Jesse Cohen

 

[drgrant]

As M1911 states, you really need to talk to a lawyer for this, and depending on
where the offense occurred, you may need to talk to a lawyer in that
state. (You used the word "expungement" and I've never heard of MA doing
an expungement, unless this incident happened elsewhere. )

-Mike

 

[M1911]

Oh, I just noticed he's in Rhode Island. In that case, you want a Rhode Island attorney. The three attorneys named above are in MA, but I think that Keith Langer may also be licensed in RI. For more attorneys in RI, contact the Citizens Rights Action League: http://www.cralri.com

 

[appraiser]

WARNING IF THERE IS A RESTRAINING ORDER OUT ON YOU EVEN THOUGH THE CHARGES WERE BS STOP THE PROCESS NOW AND GET A LAWYER NOW!!!

If you tried to buy a gun not knowing there was a RO on you, and you got stopped because of it you have opened up a world of hurt... GET A LAWYER NOW.

 

[IverNeye]

Yes I am in RI and there is no restraining order right now. Like I said the court said this was supposed to be cleared as soon as I completed the classes and paid the fees. When I called they said it would be cleared/expunged september 8 2009. Thanks for all your replies I appreciate it!!!

 

[IverNeye]

found this check it out its pretty interesting!

http://www.pr-inside.com/everything-you-need-to-know-about-r778687.htm

 

[M1911]

As I said, you need to speak with a knowledgeable attorney. The interaction between state and federal laws can be very counter-intuitive. Don't assume that what some court officer told you is correct -- the court officer doesn't work for you and may not be familiar with federal firearms laws.