Firearms Rights

[ScouT6a]

Does anyone know of a good attorney in Indiana that would take a pro bono case to get firearms rights restored?

I have spoken to two attorneys and explained the case. They both said there should be zero issues but turned around and wanted $1200 to $1500 to do an expungement.

I would not have an issue paying this out of my pocket, if I was the one in the wrong and was cleaning up my mess but this is a clear case of someone inputting incorrect information and the government level. (Above the State)

Thanks

 

[bwframe]

What are the going prices for expungement?

Or maybe that's like asking the ambulance medic how much your emergency room trip and visit will cost?

 

[russc2542]

That sucks and I sympathize. I hate to be the a-h to say it but if the attorney wasn't the one that screwed up, why should they work for free? If you get a bad TV from Walmart, would Best Buy give you a refund?

Expungement doesn't fix the screwup, it puts a line through the part that (I'm guessing) is preventing you from getting a firearm.

If the fed actually screwed up, there should be a way for them to correct it if you can show proof without involving at atty. If you have to go to an atty, then you pay the atty for their services to get the fed to fix it and if you're feeling really lucky you try to sue the fed for the atty cost of fixing their screwup. That's how .gov works and much of why rich folk get out of stuff and normal folk get screwed.

 

[Robert Richardson]

Would you work for free?

 

[ScouT6a]

Would you work for free?

I do believe that is the reason that we have a term for it.....


pro bo·no

/ˌprō ˈbônō/

adverb & adjective

denoting work undertaken without charge, especially legal work for a client with a low income.

 

[HoughMade]

I do believe that is the reason that we have a term for it.....


pro bo·no

/ˌprō ˈbônō/

adverb & adjective

denoting work undertaken without charge, especially legal work for a client with a low income.

Check with the local bar association where you live (county or city). That's where most pro bono referrals are made.

 

[ScouT6a]

Would you work for free?

And to answer your question, personally. Yes, I do work for free on a monthly basis, for a worthy cause.

 

[Vigilant]

You can always file the expungement yourself without the help of an attorney. I wouldn’t recommend it, but all you have to do is fill out the papers and pay the filing fee. I’ve found that pro bono work is few and far between, and even then only in extreme cases. IANAL, nor do I play one on TV, and I prefer Marriott or Hilton to Holiday Inn in all forms.

 

[HoughMade]

https://www.in.gov/judiciary/selfservice/2353.htm

 

[ScouT6a]

I made a couple of calls to the State Police today and located the person that seems to be willing and able to help me on this issue.

They have requested more information. We shall see.

 

[cbickel]

I was erroneously denied earlier last year and had to file appeals and whatnot. I finally have my UPIN and have made multiple purchases since. I reached out to an attorney on AR15.com to help and he offered to file a formal suit pro bono cause he was trying to build a rep for his new firm. Pm me and I’ll shoot you his info.

 

[ScouT6a]

Spoke to another attorney, today. Thought I would pass on some info to others that may be unaware like I was.

I had appealed a NICS denial, two years ago. I still have not recieved an answer from the Feds on that.At that time, their website said you basically had to get in line, wait your turn and there was zero recourse if it took them, say two years, to give you an answer.

Apparently, there was a law passed in the first half of 2018 that told the Feds they have 60 days to provide a determination.

Bad news, today, is the government shutdown that is currently underway.

Good news, today is, this new attorney said that when the government gets up and running again and I still don't get answers, he could sue the government on my behalf.

 

[DataGeek19]

Spoke to another attorney, today. Thought I would pass on some info to others that may be unaware like I was.

I had appealed a NICS denial, two years ago. I still have not recieved an answer from the Feds on that.At that time, their website said you basically had to get in line, wait your turn and there was zero recourse if it took them, say two years, to give you an answer.

Apparently, there was a law passed in the first half of 2018 that told the Feds they have 60 days to provide a determination.

Bad news, today, is the government shutdown that is currently underway.

Good news, today is, this new attorney said that when the government gets up and running again and I still don't get answers, he could sue the government on my behalf.

So your need is to appeal a NICS denial? Have you had a recent denial or is the one two years ago the last?

 

[ScouT6a]

My need is to fix an error in the system. No reason that I should have gotten denied, according to my criminal record.

I actually tried to purchase again last November, on the advice of an attorney, because I have not anything heard back from the Feds.

 

[TedArnsfret]

If your U.S. Congressional rep is Pro 2A, call them immediately! If not, save your $ for the lawyer.

My situation was similar, if not identical. Had record expunged by state, sent certified multiple copies of corrected record to NICS and ATF. Attempted 4473 purchase: DENIED. Appealed NICS denial and waited 1+ year for their response: “prohibited person. Denial upheld”. Appealed the appeal, wait a few more months: “prohibited person. Denial upheld”. Appeal a third time, DENIED

I spoke with a few gun lawyers, who quoted anywhere from $1500 - $15,000. Unwilling to spend hard earned $ to rightfully restore a natural and constitutional right, I spent the next 6 months researching and writing an 18 U.S. Code § 925A complaint against BATFE/FBI/NICS & the U.S. AG asking for declaratory judgment reversing the NICS purchase denial and stating that I was not a prohibited person. The morning I planned to file the case Pro Se, I got cold feet thinking about suing the AG and having to actually litigate in court against high-powered government attorneys. Scared sh*tless, in fact. They would likely eat me alive. So I decided I’d make one last ditch effort before committing to filing and arguing my case pro se in Federal court; I called my congressman. He requested all the pertinent info and the final draft of my 925A case. He (being a constitutional lawyer) agreed I shouldn’t be prohibited. He contacted NICS that day and sorted it out immediately. Within 3 weeks I had on overturn appeal certificate and a UPIN from NICS. have not been denied on a 4473 purchase since.

My congressman explained to me that NICS has a congressional liason office who’s job it is to respond to inquiries from congressional reps. He explained that these requests are treated with absolute priority, researched immediately by NICS, and are responded to within just a couple business days. He called to advise me that my appeal was successful within 2 days of contacting him and that my overturn certificate would be in the mail shortly. Problem solved, cost $0, look on gun store owners face when I came back with overturn certificate on a 2 year old denial was priceless (first successful overturn he’d seen).

 

[ScouT6a]

That is awesome and renews my hope of getting this mess sorted out.
Good for you for standing up for your rights.

 

[JusAdSumBellum]

Did you get this sorted out?