Upcoming Attorney General Opinion: Felony Expungements Restore Gun Rights

[GuyRelford]

I've been consulting with the Indiana Attorney General's office on an Official Opinion that clarifies Indiana's expungement statute to make it clear that the expungement of a felony conviction (other than a conviction for a "crime of domestic violence") DOES restore a person's right to possess a firearm, even if the expunged conviction was for a "serious violent felony." (NOTE: Many SVFs cannot be expunged at all, and some can only be expunged with the prior agreement of the prosecutor.)

This opinion from the AG's office is critically important for many Hoosiers who have successfully had their felony convictions expunged but have still been denied gun purchases by FBI/NICS, who have relied on a strained and legally incorrect interpretation of our expungement statute to claim that expungement of many felonies, including SVFs, do not restore gun rights.

I was pleased to consult with the AG's office on this opinion and I applaud Attorney General Todd Rokita for again stepping up to fight the federal government to protect 2A rights in Indiana.

I expect Official Opinion 2024-1 to be published in the next few days and I will post the link here as soon as it's available.

Guy

 

[BigMoose]

Excellent work as always.

 

[Kirk Freeman]

For me, the XPs have not been the issue, it is the first NICS check that is the pain. Mandatory VAF and months of waiting.

So, this is very good news for the "collateral consequences" part of the XP timeline.

 

[GuyRelford]

For me, the XPs have not been the issue, it is the first NICS check that is the pain. Mandatory VAF and months of waiting.

So, this is very good news for the "collateral consequences" part of the XP timeline.

The improperly denied NICS check is exactly the issue we're addressing.

 

[KokomoDave]

Glad to hear this as my son was nabbed for fraud from a civil case.

 

[indyblue]

It’s good to see Guy posting here again after several years. I’ve always admired and enjoyed his invaluable contributions.

Keep up the great work (along with KIA, BigMoose and all the rest).

 

[manifest destiny]

This is awesome work being done for those who meet expungement requirements and deserve to have their rights restored accordingly.

 

[Kirk Freeman]

The improperly denied NICS check is exactly the issue we're addressing.

Me in office, waiting for DOJ letter on VAF.

 

[GuyRelford]

It’s good to see Guy posting here again after several years. I’ve always admired and enjoyed his invaluable contributions.

Keep up the great work (along with KIA, BigMoose and all the rest).

Thank you very much for the kind words. Feedback like that is a big reason why I do what I do!

Guy

 

[GuyRelford]

Official Opinion 2024-1 has been published, along with a press release from the AG's office. At their request, I provided the following quote for the press release:

"Guy Relford, an Indiana attorney, radio host, author, Certified Firearms Instructor, and founder of The2AProject.com also submitted feedback in support of Attorney General Rokita’s Opinion.

'Bureaucrats in Washington have repeatedly attempted to thwart the clear intention of the Indiana General Assembly to restore the right to possess a firearm of persons who have earned the opportunity to expunge their felony convictions,' Relford said. 'In that process, I believe that the FBI and the federal Department of Justice have intentionally mischaracterized and misinterpreted our expungement statute so as to wrongfully deny the Second Amendment rights of Hoosiers. Official Opinion 2024-1, issued today by Indiana Attorney General Todd Rokita, clarifies our expungement statute and demonstrates Indiana's continued fight to protect the Second Amendment rights of Indiana residents against the constant onslaught on those rights by the federal government.'”

You can see the full press release and opinion here: https://events.in.gov/event/attorne...n_support_of_hoosiers_second_amendment_rights

Guy

 

[bgcatty]

THANK YOU GUY RELFORD!
Excellent work in favor of the Second Amendment.

 

[JAL]

Official Opinion 2024-1 has been published, along with a press release from the AG's office. At their request, I provided the following quote for the press release:

"Guy Relford, an Indiana attorney, radio host, author, Certified Firearms Instructor, and founder of The2AProject.com also submitted feedback in support of Attorney General Rokita’s Opinion.

'Bureaucrats in Washington have repeatedly attempted to thwart the clear intention of the Indiana General Assembly to restore the right to possess a firearm of persons who have earned the opportunity to expunge their felony convictions,' Relford said. 'In that process, I believe that the FBI and the federal Department of Justice have intentionally mischaracterized and misinterpreted our expungement statute so as to wrongfully deny the Second Amendment rights of Hoosiers. Official Opinion 2024-1, issued today by Indiana Attorney General Todd Rokita, clarifies our expungement statute and demonstrates Indiana's continued fight to protect the Second Amendment rights of Indiana residents against the constant onslaught on those rights by the federal government.'”

You can see the full press release and opinion here: https://events.in.gov/event/attorne...n_support_of_hoosiers_second_amendment_rights

Guy

Thank you @GuyRelford

PDF of the opinion is here:
Opinion_Expungement and Firearm Rights_02 02 2024_FINAL.pdf

I've also uploaded it as an attached file.

 

[jwamplerusa]

Thanks to both Mr. Relford and Attorney General Rokita.

No citizen should be denied the enumerated Rights guaranteed to them by the Constitution except under the most extreme circumstances after conviction by a jury of their peers.

 

[Mgderf]

Outstanding

 

[cbhausen]

Many thanks to both you, Guy, and Attorney General Rokita. We are fortunate to have you representing us in your own ways in our beloved state of Indiana. I’m proud to be a member of The 2A Project.

 

[XDdreams]

Excellent work, thank you for fighting for the 2A.

 

[GuyRelford]

Folks - again, thank you very much for the kind words. They mean a lot to me.

Guy

 

[tbhausen]

This thread warms my heart!

 

[indyblue]

Thanks again for all the hard work that goes into these initiatives.

Signed up for 2 years of 2Aproject membership and a shirt and will proudly wear it often.

 

[2in1evtime]

Maybe as a back up plan is to get a bill thru that if you have the 5 year ltch there is no need to do a call in? Hopefully this takes care of the issue though. Thanks for all the work Mr. Redford and AG Rokita!