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felony conviction

Discussion in 'Legal' started by seahound, Feb 11, 2019.

  1. seahound

    seahound Member

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    Is there any way a felon can gain back his rights to own a gun under federal law
     
  2. Arkansas Paul

    Arkansas Paul Member

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    Typically a pardon is the way to do this.

    Most of the time, a simple expungement does not do this. However, in Arkansas if you are sentenced under the First Time Offender's Act, you can have your firearms rights restored after your probation period.
    The reason for this is that a guilty is never officially entered. However for the purpose of future sentencing for habitual offender status, it can be brought back up.
    Of course there are exceptions and some charges that are not eligible.

    Other states may not have anything like this, so there is no blanket answer.

    But typically, a pardon is the proper way to go about it.
     
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  3. Frank Ettin

    Frank Ettin Moderator

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    Everything depends on --

    1. Whether the conviction was for violation of a state law or a federal law;

    2. and if for violation of a state law, which State.

    The OP's best course of action would be to consult a lawyer.
     
  4. Spats McGee

    Spats McGee Moderator

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    Let me add: OP, please do not reveal private details about that conviction that are best left to a discussion with your attorney. This site is public. What you tell your lawyer is not.
     
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  5. Art Eatman

    Art Eatman Administrator Staff Member

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    My understanding is that BATFE has the authority to review individual cases and then possibly restore gun rights. But, BATFE claims that there is no money budgeted to hire people to do the reviews. So, for federally-imposed loss of gun rights, no recourse.
     
  6. alsaqr

    alsaqr Member

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    Congress de-funded the restoration of Second Amendment rights in 1993. This happened after people with their gun rights restored committed violent crimes.
     
  7. Frank Ettin

    Frank Ettin Moderator

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    It's true there's no recourse when the disability is based on conviction of a federal crime. However, if the disability is based on the conviction of a state law crime, States generally have their own procedures whereby a felon can have his rights restored. See 18 USC 921(a)(2)(B):

    That's my understanding.

    Do you have some documentation that's the reason?
     
  8. ilbob

    ilbob Member

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    if it is a federal felony I think your only option might be a presidential pardon. they are not real easy to come by. I do seem to recall some federal felon was given his gun rights back fairly recently by a court, but I do not recall the details.

    some states these kind of things are much easier than other states.
     
  9. CapnMac

    CapnMac Member

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    It's my understanding that Presidential Pardons are condition on an admission of guilt to some aspect of the criminal charge in question.

    I'm not sure anyone has ever had Fedeeral rights restored, ever. That person would be (and ought to be) famous almost beyond measure.
     
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  10. alsaqr

    alsaqr Member

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    UOTE="Frank Ettin, post: 11049528, member: 29414"]Do you have some documentation that's the reason?[/QUOTE]

    Not really:

    Through the Freedom of Information Act the VPC discovered cases where felons with gun rights restored had subsequently committed violent crimes. Among other cases, the BATFE had restored the gun rights of murderers and an actor in the C-4 sales to Libya debacle. The VPC publicized the horror stories while condemning the NRA.

    Congressman Dick Durbin and senator Paul Simon were driving forces for defunding the program.

    The VPC prevailed in congress and the program was defunded in 1992.

    http://www.vpc.org/studies/felons.htm

    http://vpc.org/publications/guns-for-felons/

    After the restoration of gun rights program was defunded felons sued in federal courts for restoration of gun rights. That ended with the SCOTUS decision in the Bean case.

    BTW: In 1984 Alan Gottlieb was convicted of filing false income tax returns, a felony. His gun rights were restored.
     
    Last edited: Feb 11, 2019
  11. Frank Ettin

    Frank Ettin Moderator

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    ...Through the Freedom of Information Act the VPC discovered cases where felons with gun rights restored had subsequently committed violent crimes. ...[/QUOTE]

    The VPC is hardly an objective source. I wonder if they made available the raw data and if so if it has been examined by some more objective organization.
     
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  12. alsaqr

    alsaqr Member

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    i agree. After searching over many years i've concluded that VPC is the only source.

    i can't find where any other organization examined the raw data. i've never doubted that some federal felons with gun rights restored committed subsequent violent offenses.

    Federal felon recidivism:

    "The type of federal crime that led to an offender’s original conviction was also related to their likelihood of reoffending. Firearms offenders were most likely to be rearrested (68.3%) followed closely by robbery offenders (67.3%). Fraud offenders were least likely to be rearrested (34.2%)"

    https://www.ussc.gov/sites/default/...ions/backgrounders/RG-recidivism-overview.pdf








     
  13. CapnMac

    CapnMac Member

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    This is the problem with this question. All of the answers appear to be anecdotal, or from secondary or tertiary sources.

    Things sourced from VPC are doubly suspect in my book. That organization does not have the best record for being factual. They are not in favor of anyone having any gun rights; blocking restoration of felon's rights is rathe low hanging fruit, politically.

    So, again, I have to wonder if the notion of any felon having their rights restored is rather more of a unicorn. I'm at a loss to be able wither affirm or deny this assertion, sad to say.
     
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