Legal Question in Criminal Law in Mississippi
federal obscenity in 1974, pled ''Nolo Contendere'' but still flunked Brady chec
I wrote a letter in 1974 with a good deal of profanity in it. The Post Office arrested me for ''Mailing Obscene Material.'' I pled ''No Contest'' on the advice of my lawyer to prevent having a conviction on my record. After three years probation, I joined the National Guard, and also became a reserve Deputy Sheriff. I later joined the State Guard and became an commisssioned officer. Recently, I tried to buy a pistol and flunked the Brady check. I've had many background checks since my brush with the Post Office but have passed them all. Why am I denied a firearm purchase?
The Post Office charge was my only run-in with the law. I've been a good, constructive citizen since then. Don't tell me to get a Presidential Pardon--I'd have a better chance of winning the lottery. Can I appeal the case after all these years? Am I stuck with this rap for life?
1 Answer from Attorneys
Re: federal obscenity in 1974, pled ''Nolo Contendere'' but still flunked Brady
You may obtain relief from the prohibition under 27 CFR Sec. 178.144 which can be found on the Internet at:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/aprqtr/27cfr178.144.htm
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