Bud J. Kitchens, Alias Bud J. Golumbick v. Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms

Bud J. Kitchens entered a plea of nolo contendere April 24, 1968, in a superior court of the State of California to the charge of possession of machine guns in violation of section 12220 of the California Penal Code. The court deferred sentence and placed Kitchens on supervised probation for three years. He was, in addition, fined $300 and required to pay $75 as an assessed penalty and to comply with all license requirements of the federal and state law concerning weapons. The conviction resulted as well in certain disabilities under the Gun Control Act of 1968.

After successfully completing the requirements of his probation, Kitchens filed a petition in a Superior Court of California requesting an expungement or reduction of his conviction pursuant to section 1203.4 of the California Penal Code. That court entered its order adjudging the offense to which Kitchens had entered the plea a misdemeanor, and permitted Kitchens to withdraw his plea of nolo contendere to the information which was then dismissed. The court relieved Kitchens of all state penalties and disabilities incidental to his plea of nolo contendere.

Shortly thereafter Kitchens applied to the Department of…