Legal Question in Criminal Law in Kansas
About 7 years ago my husband got a demostic violence charge (misdemeanor) with no priors and has had no charges since then. He was never told that he was not allowed to own a firearm. He applied recently to buy a gun. He had to wait three days and then was able to buy it. A little while later he wanted to buy another gun but they denied him saying he wasn't able to purchase a gun due to this charge on his record. Some time has passed now and we just recieved a letter saying from the ATF saying there may have been an unlawful purchase of a gun or ammo and he can either sell it, turn it over to them, or turn it over to someone else. He purchased this gun at a reputable gun store and filled out all the proper paperwork to purchase it. He also obviously marked "no" on the part of the application that asked if he was not able to buy a gun because he never knew otherwise. My question is: is there a way to get this domestic violence charge expunged off of his record and still be able to keep his gun? This charge was a ridiculous misunderstanding in the first place. Also, can he be punished in some way for the purchase of this gun since he did everything legally he was supposed to and they said he was cleared to buy the gun? I live in kansas. Thank you.
1 Answer from Attorneys
If the DV conviction was in Kansas, he can seek an expungement. If he is ready to do this, he can email me. Please ask him to refer to this Lawguru post.
Good luck
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