[gilbertson87]

My question involves criminal law for the state of: Nebraska.
Yes I was wondering if anyone could help me. In April of 2006 I was charged with third-degree assault section 28-323(4). I have been trying to figure out for awhile now if I could own and purchase a firearm. I have talked to the state patrol, sheriff, county attorny , and ect. When I talked to the sheriff he told me that I could own and posses a firearm, but he just kept avoiding the question of if I could purchase one. But he did say that he would not issue me a pistol permit, however in Nebraska to purchase a long gun you can fill out a form for purchase. And everyone else i talked to said they don't handle that and that I have to talk to someone else. Then I go talk to that person and they would tell me the same thing. Any help I could get to figure out if I can purchase one without getting in trouble would be greatly appreciated. Thanks

[cyjeff]

Federal law prohibits felons from purchasing, owning or possessing firearms.

[gilbertson87]

I realize that however I was charged with a class 1 misdemeanor

[cyjeff]

Here is the statute...I didn't know which way your charge went.

28-323 Domestic assault; penalties. (1) A person commits the offense of domestic assault in the third degree if he or she:
(a) Intentionally and knowingly causes bodily injury to his or her intimate partner; or
(b) Places, by physical menace, his or her intimate partner in fear of imminent bodily injury.
(2) A person commits the offense of domestic assault in the second degree if he or she intentionally and knowingly causes bodily injury to his or her intimate partner with a dangerous instrument.
(3) A person commits the offense of domestic assault in the first degree if he or she intentionally and knowingly causes serious bodily injury to his or her intimate partner.
(4) Violation of subsection (1) of this section is a Class I misdemeanor, except that for any second or subsequent violation of such subsection within twelve years after the date of the current conviction, any person so offending against the same intimate partner is guilty of a Class IV felony.
(5) Violation of subsection (2) of this section is a Class IIIA felony, except that for any second or subsequent violation of such subsection within twelve years after the date of the current conviction, any person so offending against the same intimate partner is guilty of a Class III felony.
(6) Violation of subsection (3) of this section is a Class III felony, except that for any second or subsequent violation under such subsection within twelve years after the date of the current conviction, any person so offending against the same intimate partner is guilty of a Class II felony.
(7) For purposes of this section, intimate partner means a spouse; a former spouse; persons who have a child in common whether or not they have been married or lived together at any time; and persons who are or were involved in a dating relationship. For purposes of this subsection, dating relationship means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement, but does not include a casual relationship or an ordinary association between persons in a business or social context.

I am still digging through the firearms law....

[divemedic]

18 USC 922

(d) It shall be unlawful for any person to sell or otherwise dispose of any firearm or ammunition to any person knowing or having reasonable cause to believe that such person—

<snip irrelevant parts>

(9) has been convicted in any court of a misdemeanor crime of domestic violence.

<snip irrelevant parts>

(g) It shall be unlawful for any person—

<snip>

(9) who has been convicted in any court of a misdemeanor crime of domestic violence,
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

(h) It shall be unlawful for any individual, who to that individual’s knowledge and while being employed for any person described in any paragraph of subsection (g) of this section, in the course of such employment—
(1) to receive, possess, or transport any firearm or ammunition in or affecting interstate or foreign commerce; or
(2) to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

[divemedic]

The only way out of this is found in 18 USC 921(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.

[cyjeff]

And that is the REAL rub...

Most states do not allow the expungement of a DV charge... and I have never heard of one getting a pardon... too much political baggage.

[cyjeff]

Here is the expungement statute...

29-3523 Criminal history record information; notation of an arrest; dissemination; limitations; removal; expungement. (1) That part of criminal history record information consisting of a notation of an arrest, described in subsection (2) of this section, shall not be disseminated to persons other than criminal justice agencies after the expiration of the periods described in subsection (2) of this section except when the subject of the record:

(a) Is currently the subject of prosecution or correctional control as the result of a separate arrest;

(b) Is currently an announced candidate for or holder of public office;

(c) Has made a notarized request for the release of such record to a specific person; or

(d) Is kept unidentified, and the record is used for purposes of surveying or summarizing individual or collective law enforcement agency activity or practices, or the dissemination is requested consisting only of release of criminal history record information showing (i) dates of arrests, (ii) reasons for arrests, and (iii) the nature of the dispositions including, but not limited to, reasons for not prosecuting the case or cases.

(2) Except as provided in subsection (1) of this section, the notation of arrest shall be removed from the public record as follows:

(a) In the case of an arrest for which no charges are filed as a result of the determination of the prosecuting attorney, the arrest shall not be part of the public record after one year from the date of arrest;

(b) In the case of an arrest for which charges are not filed as a result of a completed diversion, the arrest shall not be part of the public record after two years from the date of arrest; and

(c) In the case of an arrest for which charges are filed, but dismissed by the court on motion of the prosecuting attorney or as a result of a hearing not the subject of a pending appeal, the arrest shall not be part of the public record after three years from the date of arrest.

(3) Any person arrested due to the error of a law enforcement agency may file a petition with the district court for an order to expunge the criminal history record information related to such error. The petition shall be filed in the district court of the county in which the petitioner was arrested. The county attorney shall be named as the respondent and shall be served with a copy of the petition. The court may grant the petition and issue an order to expunge such information if the petitioner shows by clear and convincing evidence that the arrest was due to error by the arresting law enforcement agency.

It appears that Nebraska does not expunge convictions.

[gilbertson87]

I understand all this but why would the sheriff tell me that I can own and posses. Because I do not understand that. He's telling me one thing when I should be doing another??

[divemedic]

Easy- cops are not attorneys, and do not know every law on the books. (LEO academy is 12 weeks. How many local, state, and Federal Laws do they study, in addition to use of force, investigation techniques, weapons training, etc)