Bergman v. Caulk, A18-1784 Minnesota Supreme Court Oral Arguments
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In 1996, respondent James Bergman was convicted of misdemeanor domestic assault. In 2007, Bergman filed a petition to expunge his conviction. The district court found Bergman did not qualify for statutory expungement, but the court used its inherent authority and granted Bergman expungement of judicial records related to his misdemeanor domestic-assault conviction.
Starting in 2008, Bergman was granted a permit to carry a pistol (carry permit). “[A] sheriff must issue a permit” to carry “to an applicant if the person” meets certain criteria. Minn. Stat. § 624.714, subd. 2(b) (2018). One criterion is that the person “is not prohibited from possessing a firearm under . . . any federal law.” Id., subd. 2(b)(4)(ix). Federal law prohibits a person “who has been convicted in any court of a misdemeanor crime of domestic violence” from possessing a firearm. 18 U.S.C. § 922(g)(9) (2012). However, “[a] person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside.” 18 U.S.C. § 921(a)(33)(B)(ii) (2012).
In December 2017, Bergman applied to renew his carry permit. Appellant Isanti County Sheriff Christopher Caulk (“the Sheriff”) denied Bergman’s application because of his 1996 domestic-assault conviction.
Bergman filed a petition for a writ of mandamus to compel the Sheriff to issue him a carry permit. The district court denied Bergman’s petition. A divided panel of the court of appeals reversed.
On appeal to the supreme court, the issue presented is whether Bergman’s conviction for misdemeanor domestic assault disqualifies him from obtaining a permit to carry a firearm when judicial records related to that prior conviction have been sealed but executive branch records have not been sealed. (Isanti County)
In 1996, respondent James Bergman was convicted of misdemeanor domestic assault. In 2007, Bergman filed a petition to expunge his conviction. The district court found Bergman did not qualify for statutory expungement, but the court used its inherent authority and granted Bergman expungement of judicial records related to his misdemeanor domestic-assault conviction.
Starting in 2008, Bergman was granted a permit to carry a pistol (carry permit). “[A] sheriff must issue a permit” to carry “to an applicant if the person” meets certain criteria. Minn. Stat. § 624.714, subd. 2(b) (2018). One criterion is that the person “is not prohibited from possessing a firearm under . . . any federal law.” Id., subd. 2(b)(4)(ix). Federal law prohibits a person “who has been convicted in any court of a misdemeanor crime of domestic violence” from possessing a firearm. 18 U.S.C. § 922(g)(9) (2012). However, “[a] person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside.” 18 U.S.C. § 921(a)(33)(B)(ii) (2012).
In December 2017, Bergman applied to renew his carry permit. Appellant Isanti County Sheriff Christopher Caulk (“the Sheriff”) denied Bergman’s application because of his 1996 domestic-assault conviction.
Bergman filed a petition for a writ of mandamus to compel the Sheriff to issue him a carry permit. The district court denied Bergman’s petition. A divided panel of the court of appeals reversed.
On appeal to the supreme court, the issue presented is whether Bergman’s conviction for misdemeanor domestic assault disqualifies him from obtaining a permit to carry a firearm when judicial records related to that prior conviction have been sealed but executive branch records have not been sealed. (Isanti County)