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Wyoming sues ATFE

Via Alphecca comes this AP story of a lawsuit filed by Wyoming.

The Lautenberg amendment bans gun possession by persons convicted of misdemeanor domestic violence. The 1986 amendments to the Gun Control Act (some of which I drafted, long story) provide that a conviction is not a conviction if it has been expunged or set aside or rights have been restored (unless the order doing so, or the State law, provides that it does not restore firearm rights).

The local ATFE (this is the only case I've heard of it happening, so I think it's a local position) took the position that a conviction is not "expunged" unless its effects are entirely wiped out. Wyoming, like most states with expungement proceedings, doesn't really wipe them out -- the order says that they are, but in fact they can be used to enhance sentences in case of a second offense.

I think the local ATFE is in error here. Most expungement statutes work in the way the Wyoming one does. And the statute also recognizes restorations of civil rights (voting, etc., in the case of felonies) that do not affect the conviction at all. It's hard to see why Congress would have wanted a provision to apply in the case of a felony but not in the case of a misdemeanor. I suspect the US Attorney will roll over on it, but if not, the case might pose some interesting Second Amendment issues as well. After all, even the collective rights approach agrees that a State could raise the issue....

· prohibitted persons