May 5, 2004, 04:46 PM
Does anyone have any advice on how to go about restoring civil rights in order legally own a firearm? I've checked into voting rights but can't get any firm answers on gun ownership. I would be glad to discuss details, but prefer not to do so publicly.
I'd gladly respond to an e-mail.
Thanks in advnce,
May 5, 2004, 04:50 PM
Depends on what you want done--civil, criminal, administrative.
You have a PM.
May 5, 2004, 04:51 PM
drug offense, 1987
what's a PM.
May 5, 2004, 05:06 PM
OK Let's try this again.
1987 Galveston, Co. Texas. Agg. Del. of Cocaine. 10 years probation. released after@ 5 years. Now living in Tallahassee, fl.
May 5, 2004, 05:10 PM
PM = Personal Mail
If you are seeking the restoration of only the rights related to firearms, this is what the law says...
§ 178.144 Relief from disabilities under the Act.
(a) Any person may make application for relief from the disabilities under section 922(g) and (n) of the Act (see § 178.32).
(b) An application for such relief shall be filed, in triplicate, with the Director. It shall include the information required by this section and such other supporting data as the Director and the applicant deem appropriate.
(c) Any record or document of a court or other government entity or official required by this paragraph to be furnished by an applicant in support of an application for relief shall be certified by the court or other government entity or official as a true copy. An application shall include:
(1) In the case of an applicant who is an individual, a written statement from each of 3 references, who are not related to the applicant by blood or marriage and have known the applicant for at least 3 years, recommending the granting of relief;
(2) Written consent to examine and obtain copies of records and to receive statements and information regarding the applicant's background, including records, statements and other information concerning employment, medical history, military service, and criminal record;
(3) In the case of an applicant under indictment, a copy of the indictment or information;
(4) In the case of an applicant having been convicted of a crime punishable by imprisonment for a term exceeding 1 year, a copy of the indictment or information on which the applicant was convicted, the judgment of conviction or record of any plea of nolo contendere or plea of guilty or finding of guilt by the court, and any pardon, expunction, setting aside or other record purporting to show that the conviction was rendered nugatory or that civil rights were restored;
(5) In the case of an applicant who has been adjudicated a mental defective or committed to a mental institution, a copy of the order of a court, board, commission, or other lawful authority that made the adjudication or ordered the commitment, any petition that sought to have the applicant so adjudicated or committed, any medical records reflecting the reasons for commitment and diagnoses of the applicant, and any court order or finding of a court, board, commission, or other lawful authority showing the applicant's discharge from commitment, restoration of mental competency and the restoration of rights;
(6) In the case of an applicant who has been discharged from the Armed Forces under dishonorable conditions, a copy of the applicant's summary of service record (Department of Defense Form 214), charge sheet (Department of Defense Form 458), and final court martial order; and
(7) In the case of an applicant who, having been a citizen of the United States, has renounced his or her citizenship, a copy of the formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state or before an officer designated by the Attorney General when the United States was in a state of war (See 8 U.S.C. 1481(a)(5) and (6)).
(d) The Director may grant relief to an applicant if it is established to the satisfaction of the Director that the circumstances regarding the disability, and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety, and that the granting of the relief would not be contrary to the public interest. The Director will not ordinarily grant relief if the applicant has not been discharged from parole or probation for a period of at least 2 years. Relief will not be granted to an applicant who is prohibited from possessing all types of firearms by the law of the State where such applicant resides.
(e) In addition to meeting the requirements of paragraph (d) of this section, an applicant who has been adjudicated a mental defective or committed to a mental institution will not be granted relief unless the applicant was subsequently determined by a court, board, commission, or other lawful authority to have been restored to mental competency, to be no longer suffering from a mental disorder, and to have had all rights restored.
(f) Upon receipt of an incomplete or improperly executed application for relief, the applicant shall be notified of the deficiency in the application. If the application is not corrected and returned within 30 days following the date of notification, the application shall be considered as having been abandoned.
(g) Whenever the Director grants relief to any person pursuant to this section, a notice of such action shall be promptly published in the Federal Register, together with the reasons therefor.
(h) A person who has been granted relief under this section shall be relieved of any disabilities imposed by the Act with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition and incurred by reason of such disability.
ATF P 5300.4 - Federal Firearms Regulations Reference Guide 2000 (http://www.atf.gov/pub/fire-explo_pub/2000_ref.htm)
Be aware that since the beginning of the Clinton admistration, congress has not allocated any funds for ATF process any requests for relief from disabilities.
May 5, 2004, 09:35 PM
Yep, the mechanism is in the law itself and has been used in the past, but the funding has been neatly choked off and so no joy in recent years. I have read that this is the work of the Violence Policy Center, but I am sure it didn't happen without quite a bit of horsetrading.
I understand that these prohibitions apply to modern firearms, not antiques (pre-98). They also apply only to firearms involved in interstate commerce, and ammunitions with similar status. There are a number of interesting wrinkles in the regulatory scheme that may allow possession of some muzzle-loaders, some replicas of antiques that do not use currently available ammunition, some firearms produced inside the state of your residence, etc. It's an extremely arcane area of the law, and you should work with an attorney who is experienced in this specialty.
Please don't consider any of these observations to be legal advice. Just a few thoughts to get you started. Good luck.
May 6, 2004, 10:31 AM
The best solution is to have the Govenor of the State where this happened grant you a full pardon. In some states this is a rather easy although usually lengthy process.
Seek out and consult an attorney who is familiar with the process.
If a pardon is granted then your rights are restored because the offense technically never happened.
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