Nice to see somebody stand up to the jackbooted government thugs.
FYI
AMENDMENT X to the Constitution of the United States:
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
I don't recall the ATF being established by a Constitutional Amendment. Someone please direct me to the appropriate amendment, please.
Sounds like a great state. One of the last few left.
Well, a kindly thank you is in order for the good folks in Wyoming.
Its the Wyoming legislators who screwed this one (probably to please some screeching anti-gun feminazi harpies) and now they are pointing the finger at the feds.
Think about it. It ain't expungement if anyone keeps a record of it for possible future use against you.
This Wyoming law is an outrage, NOT the Feds position on it...
One last thought; "Expunge" is kind of like "Pardon" in the sense that it means that all record of the conviction is erased.
If you reserve the right to later use the evidence of the conviction that was "pardoned" in the sentencing phase of a later prosecution, its not a "Pardon".
The exact same analogy applies to "Expungement". The Wyoming law does not provide to expunging the records in these cases, hence the Feds won't honor it.
The question y'all ought to be asking is 'WTH did the Wyoming legislature buckle under to PC and try to parse words here instead of doing what is right'?
You know the answer - the better not to offend anti-gun feminazis. That's why.
The Wyoming Attorney General would be far better served to publicly address himself to the legislature instead of filing a 'can't-win' suit against the ATF as a publicity stunt.
THIS is why the Wyoming law, at present, does not really provide for expunging these offenses - and why the ATF is correct in their legal position.
I've never even been to Wyoming but I am almost PO'd enough to email their Atty Gen.
Few things frustrate me more than seeing good people spin their wheels going down the wrong alley....
There is another area of the Federal and many State laws I would like to see challenged – “Have you ever been committed to a mental hospital?”
This does not apply just to psychopaths, but also to the citizen who suspects they have been under too much stress, the person who realizes they drink too much etc.
What does this have to do with the safety of the general population? The person who ignores the early warning signs and avoids treatment retains 2nd Amendment rights. The citizen who recognizes the problem and takes steps to head off trouble forfeits 2nd Amendment rights.
In 1986, Congress amended that bogus 'law' to allow states to set rules for restoring gun rights to people who've been pardoned or whose convictions have been "expunged, or set aside."
In 2004, Wyoming's legislature compounded, and agreed with the federal infringement by passing a 'law' meant to govern how such convictions could be expunged:
"-- Individuals would have to wait one year after completing their sentence; they would not qualify if their misdemeanor conviction involved the use or attempted use of a firearm; and they could not have any other convictions that prohibit them from owning guns. --"
The US Constitution is clear in that no level of government can infringe on our right to bear arms. -- A fiat prohibition on a persons RKBA's for "a misdemeanor crime of domestic violence" is clearly an unreasonable regulation regardless if written by fed, state or local 'lawmakers'..
That sheriff in Big Hole County should refuse to enforce it.