Not sure what I need to do felony expunged

Discussion in 'Mississippi Gun Laws' started by davidw38901, May 14, 2018.

  1. davidw38901

    davidw38901 Full Poster

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    so I got a felony before i turned 21
    I have since had that felony expunged
    I bought a first gun they ran my name came back delayed I came back a week later and they gave me the gun... never heard anything back on that or from anyone
    I went ahead and filed to appeal because I wanted to make a vcl i think it's called so that later gun buy would go smooth
    they got back to me said my expunge is no good i guess
    I don't know what it means..
    what would my next step be?
     

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  2. Chicknman

    Chicknman Distinguished Poster MSGO Supporter

    Sounds like you need an attorney.
     
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  3. davidw38901

    davidw38901 Full Poster

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    thanks i already called my attorney they are always so busy and i'm waiting on his call back

    i guess i'm looking for what i can do on my own?
     
  4. Chicknman

    Chicknman Distinguished Poster MSGO Supporter

    I don't think you will get any better legal advice online than your attourney can give you. Be prepared to throw money at it.
     
  5. Chicknman

    Chicknman Distinguished Poster MSGO Supporter

    I wouldn't get caught carrying that gun if you think there is a chance you still have a felony showing up on your record.
     
  6. davidw38901

    davidw38901 Full Poster

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    i keep it at home also with a copy of my expungement at all times
    i would like to think that the only reason i would ever have to use said gun would to be save my or my family life so....
     
  7. DoyleAlley

    DoyleAlley Distinguished Poster

    Ok, I was curious myself so I did some Googling (did someone ever mention that Google is handy?). Expongement is not the same as a pardon. A pardon is pretty universal across all states and the fed. Expongement is more of a legal "hiding" of the conviction and varies tremendously from state-to-state and from state-to-fed. Here is a pretty decent writeup: Pardon vs Expungement - What's the Difference
     
  8. davidw38901

    davidw38901 Full Poster

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    “The effect of [an expungement] shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. No person as to whom such order has been entered shall be held thereafter under any provision of law to be guilty of perjury or to have otherwise given a false statement by reason of his failure to recite or acknowledge such arrest or conviction in response to any inquiry made of him for any purpose, except for [a couple of little reasons]. Miss. Code Ann. § 99-19-71.

    i had the right to purchase a firearm before my conviction would in not be that i'm returned to said right after expundement?
     
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  9. gutdoc

    gutdoc Distinguished Poster

    Here are the instructions for question 11b on the 4473. 5EE0D543-75F3-47DE-924C-09236B9850A3.jpeg Looks like you should be good, but you’ll have a headache and attorney fees.
     
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  10. davidw38901

    davidw38901 Full Poster

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    yeah i answered no on the question got delayed and then i later got the firearm and still have it
     
  11. davidw38901

    davidw38901 Full Poster

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    so maybe it like this you tell me... in the eyes of MS i have no felony and can posses a firearm... but in the eyes of the usa i still have a felony and there nothing i can do except get a pardon...if i want to purchase more firearms without any problems...?
     
  12. gutdoc

    gutdoc Distinguished Poster

    It says or, not and.
     
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  13. jakeg823

    jakeg823 Distinguished Poster

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    I don’t know about all of the ins and outs of an expungement, but we have at least one other member of this forum who’s had his felony expunged. He’ll likely speak up shortly. Maybe he’ll be of some assistance there.



    I would recommend getting your firearms permit. You can likely expect to be delayed for the rest of your life, expunged or not. With the permit you still fill out the 4473, but don’t have to wait for the background check, except when the dealer chooses to require it, so no more 3 day delay.

    I would also include a copy of the expungement with my permit application.
     
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  14. gutdoc

    gutdoc Distinguished Poster

    I agree with Jake. It will be interesting to see how the MHP dept handles this.
     
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  15. davidw38901

    davidw38901 Full Poster

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  16. jakeg823

    jakeg823 Distinguished Poster

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    You can do that or print them from the website you just linked to.

    No, the “firearms permit” is a carry permit. MS just has to be different. It does allow you to skip the background check though.
     
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  17. gutdoc

    gutdoc Distinguished Poster

    Some places of business will run it through ncis, even with the permit, but you just avoid certain businesses of your choice.
     
  18. jakeg823

    jakeg823 Distinguished Poster

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    Correct. I mentioned that in an earlier post I believe.

    Thankfully, those seem to be few and far between.
     
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  19. davidw38901

    davidw38901 Full Poster

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    sorry for all the questions with it being a carry permit would i also have to take a class?
     
  20. jakeg823

    jakeg823 Distinguished Poster

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    Short answer: No.
     
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