About 25 years ago I committed a felony in S. Dakota. Being a non violent offense, I didn't lose gun rights, all other rights automatically restored. I was denied trying to purchase a handgun. Obviously they seen the offense. Upon trying to aquire the paperwork to send in for the appeal, I soon realized the majority of my legal paperwork no longer existed. I was able to send in transcripts, copy of state laws stating restoration. Unfortunately my certificate of restoration no longer exists. So how are my chances, anyone with similar experience?
Concerning rights restoration
- Thread starter Cato_1
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You should contact a lawyer for things like this, preferably a lawyer who is familiar with gun laws, and the restoration of gun rights. I'm sure someone else will add to this who might be able to tell you how to do without a lawyer. But for me I would go see a lawyer and write down all the details you can with names, dates, the offense, court, name of your old lawyer who handled the original case if he or she is still around. Also if you have any paperwork at all...that would help as well.
Good Luck
Good Luck
bikemutt
Member
25 years ago would make that around 1987 sometime give or take.
I find it very difficult to believe the court where you were convicted has no record of the felony conviction. It may not be available online but they most certainly should have it on microfiche. 1987 is not that long ago in Superior Court record keeping terms, IMO.
Also, I'm not so sure any felony, violent or not, makes a difference with respect to loss of gun rights. I believe some states may choose to remove the impairment automatically upon certain conditions being met, versus others that require a court procedure, and still others that may say never. If SD automatically restores the right, they may not bother to tell the FBI that part.
I'd head down to the courthouse and ask for the record, it should be available for a nominal charge.
I find it very difficult to believe the court where you were convicted has no record of the felony conviction. It may not be available online but they most certainly should have it on microfiche. 1987 is not that long ago in Superior Court record keeping terms, IMO.
Also, I'm not so sure any felony, violent or not, makes a difference with respect to loss of gun rights. I believe some states may choose to remove the impairment automatically upon certain conditions being met, versus others that require a court procedure, and still others that may say never. If SD automatically restores the right, they may not bother to tell the FBI that part.
I'd head down to the courthouse and ask for the record, it should be available for a nominal charge.
Birch Knoll
Member
If you were convicted of a felony, you most certainly lost your gun rights under Federal law. It doesn't matter in the least if it was a violent or non-violent offense.
Just curious on how you say you didn't lose gun rights, but cannot buy a handgun. Were you able to buy a gun five years ago, ten years ago? When was the last time you bought a gun?
oneounceload
member
felony conviction and guns - I thought they were mutually exclusive items
Without providing too many links to bore everyone, gun rights can be reclaimed federally through a pardon, expungement, record sealing, or a restoration of rights. If you have received any of these without a disclaimer stating no guns, the federal govt no longer considers it a conviction in their eyes. They will leave it up to the state to decide. I have court documents stating what I did, laws concerning what I did. S. Dak and Mn both recognize my gun rights. My question was concerning my certificate not being with the documents I sent worth my appeal, or how much luck has been had with the appeal process in general.
Birch Knoll
Member
Yes, it is possible to have your gun rights restored, and apparently you have done so. Good for you.
However, contrary to to your original statement ("Being a non violent offense, I didn't lose gun rights"), you did lose those rights when you were convicted of a felony.
As far as your appeal goes, I would think that the absence of whatever paperwork you had attesting to the restoration of your rights by the state of South Dakota will be a problem. I would work hard on obtaining new copies of these documents from SD.
However, contrary to to your original statement ("Being a non violent offense, I didn't lose gun rights"), you did lose those rights when you were convicted of a felony.
As far as your appeal goes, I would think that the absence of whatever paperwork you had attesting to the restoration of your rights by the state of South Dakota will be a problem. I would work hard on obtaining new copies of these documents from SD.
bikemutt
Member
First off, I doubt there is much luck involved with the NICS Appeal Section, it's just not in their DNA
If what you mean is outcomes, I did successfully appeal a denied transfer. I was very careful to send them everything I could possibly imagine them wanting in order for them to see things my way.
Here is the problem with the process: NICS is not required to continue any back and forth with a denied person. They say no, you ask why, they send you a letter stating in general terms which one of the federal reasons was invoked, you send them your fingerprints so they know it's really you, along with any information you believe led them to the wrong conclusion.
At this point, from what I've been able to ascertain, they only care about three things: 1) are you the person they identified and, and if you are 2) is the information they have about you prohibitive and, if it is 3) have you provided them with new information that will override, counteract or replace the record in such a way for them to conclude you are no longer, or never were prohibited.
If the denied person fails to provide item 3) above, NICS will simply say the case was not made, the decision stands, case closed. They are not bound by law to give the person another crack at it.
Of course, the person can buy another chance by arranging for another denial I suppose. Or, start a separate process to get their FBI record corrected, not something that NICS gets involved with.
There may be some good news however, these denials take months, maybe six months. I believe if you were to get the information they need to rule in your favor and send it to them, being certain to reference the denial NTN, it will get added to the file before the reviewer gets around to work on it.
How fast can you drive to the courthouse?
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