IC 35-38-9 - Expungement and Firearms...

[Kirk Freeman]

Why did they remove "and to the extent not prohibited by federal law, to own or posses a firearm."? Was it so it would not conflict with the new domestic violence part?

Because the feds hold the view that Indiana's expungement statute gets us a little pregnant.

Like the Wyoming Crank decision, DOJ is saying that since the "expunged" statute can be seen by LE it is really not gone thus civil rights are not really restored.

 

[Kirk Freeman]

Not that I have found.

I have a phone conference later today and see if ND has released anything that I cannot find.

 

[Kirk Freeman]

No joy. Will call again Friday.

 

[Vigilant]

Because the feds hold the view that Indiana's expungement statute gets us a little pregnant.

Like the Wyoming Crank decision, DOJ is saying that since the "expunged" statute can be seen by LE it is really not gone thus civil rights are not really restored.

So does this make the OP's example of the OWI still a felon with regard to firearm ownership? I have a cousin who just got his Felony expunged, and he also received an LTCH. He's been straight and narrow for over 10 years, and it would suck to see him in trouble when he thinks he's OK?