Major victory!
Minnesota Second Amendment Attorney Lynne Torgerson won a gun rights restoration via an expungement of a misdemeanor domestic assault!
Federal law provides that if a person obtains an expungement of a misdemeanor crime of domestic violence that the federal prohibition on possession of firearms is removed. However, over the past few years, the FBI has made the claim that a Minnesota expungement is not good enough for it, and has been denying people who had obtained expungements their right to purchase a firearm. Worse, virtually all Minnesota lawyer, EXCEPT SECOND AMENDMENT LAWYER LYNNE TORGERSON, agreed with the FBI and told their clients that an expungement would not restore their gun rights. Gun Rights Restoration Lawyer Lynne Torgerson always maintained that the FBI’s interpretation was WRONG and absurd, and stated that if litigated in federal court, the FBI would lose. And now, it appears that the FBI has flipped back, and is recognizing the validity of expungements.
Ms. Torgerson recently obtained an expungement of a regular domestic assault conviction, now 14 years old, out of the County of Sherburne, State of Minnesota. And again, first, federal law provides that if a person is convicted of a misdemeanor crime of domestic violence, that said person is barred for life from possessing firearms. However, again, federal law also provides that if a person obtains a conviction, that the federal government removes its prohibition on possession of firearms. So, after Ms. Torgerson’s client obtained his expungement, he attempted to purchase a firearm. He received a NICs denial. He then took a NICs appeal. Some correspondence was also had with the FBI. The FBI stated that it is now following State records. Ms. Torgerson’s client therefore re-attempted to purchase a firearm. NICs and the FBI allowed the purchase to go through! This is the first time in a few years that the FBI and NICs have recognized that an expungement does remove the federal prohibition.
Accordingly, if a person obtains an expungement of a domestic assault conviction, this works a restoration of said person’s Second Amendment rights. NEVER GIVE UP! Well done Ms. Torgerson!