Posted by Chris on 9/26/06

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I would like to know if anyone can answer a question for
me, or point me closer to the right direction.

I was "convicted" of a class D misdemeanor assault in
1988. Now because of Section 658 of Public Law 104-208 I
am supposedly not allowed to own a firearm.

My question is....I have never been denied a NICs check in
my life and am confident that I would not be denied today
a NICs check to purchase a firearm. In 1999 I applied for
a concealed weapons permit in the State of Maine and was
approved. I carried a firearm until 2003 when I was denied
a renewal for my permit. The chief of police sent a letter
saying that I was denied because I had a misdemeanor
assault conviction and therefore was unable to own a
firearm according to federal law. Again, I held a permit
until 2003! Can a local police chief enforce Federal Law,
or should I be granted my permit on the basis that I am
not violating Section 658 of Public Law 104-208 because of
the following clause in the law.

"(B)(i) A person shall not be considered to have been
convicted of such an offense for purposes of this chapter,
unless
"(I) the person was represented by counsel in the case, or
knowingly and intelligently waived the right to counsel in
the case;

Chris

A question on Lautenberg Amendment, 9/26/06, by Chris.

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