2aHawaii

General Topics => Legal and Activism => Topic started by: kekoa on May 07, 2013, 09:58:25 AM

Title: gun permit vs. expungement
Post by: kekoa on May 07, 2013, 09:58:25 AM

Aloha,

Has anyone or know of anyone that has been able to get a gun permit after having an assault3 conviction expunged from ones record? It is a misdemeanor just to note.

Thanks

Title: Re: gun permit vs. expungement
Post by: OldFaithful on May 08, 2013, 08:21:10 PM

bump to help you out with your question

Title: Re: gun permit vs. expungement
Post by: Funtimes on May 08, 2013, 09:06:02 PM

I don't know. But let me know after you try.  I will note however, that are an Amicus to Fisher v. Kealoha - where we are arguing that the Lautenberg Amendment should not apply to Mr. Fisher, although the city will not give him a permit due to a harassment charge back in 1992...

Title: Re: gun permit vs. expungement
Post by: Colt808 on May 10, 2013, 03:21:28 AM

Quote from: kekoa on May 07, 2013, 09:58:25 AM

Aloha,

Has anyone or know of anyone that has been able to get a gun permit after having an assault3 conviction expunged from ones record? It is a misdemeanor just to note.

Thanks

Some often confuse arrest and conviction...

If one is arrested, but NOT convicted (pled or found guilty in court), then all records may be expunged through the Hawaii Criminal Justice Data Center.  Once you get an expungement, it's treated as if it never happened.

Convictions on the other hand do not qualify for expungement.

Quote

§831-3.2  Expungement orders.  (a)  The attorney general, or the attorney general's duly authorized representative within the department of the attorney general, upon written application from a person arrested for, or charged with but not convicted of a crime, shall issue an expungement order annulling, canceling, and rescinding the record of arrest; provided that an expungement order shall not be issued:

**There are some who accept a deferred acceptance of guilty plea. It does not count as a conviction and may get expunged if they complete the terms of the sentence.

Title: Re: gun permit vs. expungement
Post by: moosed on May 10, 2013, 02:12:27 PM

Good information!  I mean, for other people.... not for me ....

I'll bookmark this for later, though, just in case!!   :thumbsup:

Title: Re: gun permit vs. expungement
Post by: fstbckgt on May 14, 2013, 04:11:09 AM

Quote from: moosed on May 10, 2013, 02:12:27 PM

Good information!  I mean, for other people.... not for me ....

I'll bookmark this for later, though, just in case!!   :thumbsup:

Sureeeeeeeeeeeeeeee

Title: Re: gun permit vs. expungement
Post by: new guy on May 14, 2013, 12:06:49 PM

.

Title: Re: gun permit vs. expungement
Post by: kekoa on May 14, 2013, 01:14:03 PM

Thanks guys. As it stands my certificate will be sent in September ( what verifies expungement). I will then attempt to see if I can obtain a rifle permit. If I get past that stage I will attempt to obtain a pistol permit. I will be sure to update you all of the success or failure to be permitted to own a firearm.

All I can say is be very careful of decisions one makes, having certain rights be taken away really sucks. It is a bad feeling.

Hoping for the best, Aloha