Appeal from a denial of a permit to carry

Appeal from a denial of a permit to carry and expungement

Appellant challenged a trial court’s denial of his petition for a writ of mandamus to compel a county sheriff to issue a permit to carry a pistol, arguing that the court erroneously concluded that his domestic assault conviction was not expunged under federal law because a trial court expunged it solely under its inherent authority.  The Minnesota Court of Appeals reversed the trial court.

The Minnesota Court of Appeals held that (1) under 18 U.S.C. §921(a)(33)(B)(ii), a person convicted of a “misdemeanor crime of domestic violence,” as defined in 18 U.S.C. §921(a)(33)(A), is not considered convicted of such an offense when the conviction is expunged by a trial court under its inherent authority, unless the expungement order expressly provides that the person may not ship, transport, possess, or receive firearms; and (2) a sheriff lacks discretion to deny any applicant a permit to carry under Minn. Stat. §§624.713, subd. 1(12), 714., subd. 2(b), on the basis that the applicant’s conviction of a misdemeanor domestic assault was expunged solely under a trial court’s inherent authority.  Reversed and remanded.

Bergman v. Caulk, A18-1784, Isanti County.

Minnesota Second Amendment Lawyer Lynne Torgerson was not attorney of record in this case.

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