Wyoming

A family is suing Laramie County sheriff's deputies and Wyoming Highway Patrol troopers for entering their home in February 2001 without a warrant. In a complaint filed Tuesday in U.S. District Court by Steven L. Polston, he alleges that law enforcement officers entered his home without a warrant or permission because they believed he was a drug dealer. Former Laramie County Sheriff Roger Allsop is named in the suit, as is the director of the Wyoming Highway Patrol and officers within those agencies. Members of the Laramie County Commission also are named.

A lot of controversy has been generated by the "Lautenberg amendment" in the 1990s, which banned those convicted of a misdemeanor crime of domestic violence from possessing a firearm. I believe it also covers those who are subject to a domestic violence restraining order (which latter point was the reason for US v Emerson, a landmark 2nd Amendment case in the 5th Circuit).

It seems that Wyoming has passed a law allowing those with misdemeanor domestic violence convictions to have that conviction expunged from their record, for the purpose of restoring their firearms rights. This is a good development, because it allows for rehabilitation and does not negate a Constitutional right on the basis of a single, relatively minor, mistake. As you might expect with this sort of law, it's the exceptions that demonstrate the legislators were thinking it through:

1. At least a year must have passed since the crime was committed.
2. The original crime must not have involved the use of a firearm
3. It works for a single conviction only, not more than one
4. The petition is served to the prosecutor in the case, who notifies the victims and allows them an opportunity to oppose

So there are ample safeguards here. Kudos to Wyoming for coming up with an excellent solution to a thorny political problem.