felony gun rights question

Status
Not open for further replies.
The Only Answer you Need:

The bottom line is GET IT EXPUNGED. If you get this expunged with all rights restored (voting, gun ownership, in your state) then you're golden. I cannot imagine that Illinois won't let you expunge this after 21 years and a nonviolent crime.\\

You CANNOT do this yourself. You have to get a lawyer, as in, don't even post anymore on this thread until you've called an attorney experience with expungement .
 
Charged with a FELONY for taking out of the register??

Brutal....

Maybe you should PM WhitePony for some advice;);)
 
Good luck...... The PRI does not believe in the RIGHT of actual choirboys to own guns. You might consider moving to more gun friendly terrritory........
 
I cannot imagine that Illinois won't let you expunge this after 21 years and a nonviolent crime.
Click to expand...
I seem to recall that only a few non-violent drug conviction felonies can be expunged in Illinois. It seems harsh compared to other states, but thats the way it is. I think a lot of misdemeanors can be expunged, but only a few felonies.

There are more options if he was a juvenile at the time, but at 18 that is out.
 
A gun board is not the place to seek this advice. A lawyer is your best bet.

If you get cleared, come on back and join us. We LOVE to tell you what kind of gun you should own and what caliber it should be in.

By the way, someone here said you should just carry concealed, I'm HOPING they were joking, but in case you didn't get it, it's REALLY bad advice.
 
By the way, someone here said you should just carry concealed, I'm HOPING they were joking, but in case you didn't get it, it's REALLY bad advice.
Click to expand...
Yea. That would be bad. Felon in possession cases in Illinois are almost never prosecuted though for some reason.
 
Felon in possession cases in Illinois are almost never prosecuted though for some reason.
Click to expand...

That may be true for the Rockford area, but I wouldn't count on that statewide. Even down here in the sticks a lot of felons in possession are turned over to the Feds under Operation Safe Neighborhoods. Hard federal time....

Jeff
 
The feds usually make you do at least 80% of your time before they let you out, so your doing at least 4 years out of your 5 year mandatory minimum sentence (if the DA doesn't want to tack on more charges for whatever you did). Some may argue that it's best to be in prison then dead though.
 
do any of you have advice on what i can do to legally own a gun?
Click to expand...
As long as you have a felony conviction as an adult you are prohibited from possessing firearms and ammunition. That is based on federal law, 18USC922(g)(1), so the previous statement from someone that it might depend on the state in which you live is not true. If you have an adult felony conviction you are prohibited from possessing firearms.

You would have to take steps to either have the conviction removed from your record or have your rights restored by the state in which you were convicted.

http://www.atf.gov/firearms/faq/faq2.htm#a7

and what applies to you actually getting relief:
http://www.atf.gov/firearms/faq/faq2.htm#a8
 
Here in Texas you can own guns but must keep them at your residence. You can own them after 5 years from the finalization of the penalty phase and it applies to most felony convictions.
Click to expand...
Even if that is true it does not change the fact that those felons are still prohibited from possessing firearms by federal law.
 
Felon in possession cases in Illinois are almost never prosecuted though for some reason.
Click to expand...
http://www.atf.gov/press/2007press/field/082407chi_rockfordman-sentenced.pdf - 8.5 years plus 3 years on fed probation for being a felon in possession of a firearm, in Rockford, IL.

http://www.atf.gov/press/2007press/field/080207chi_oglecountyman-guilty.pdf - not yet sentenced, but convicted at trial for possessing a firearm while the subject of a DV restraining order, in Rockford, IL.

http://www.atf.gov/press/2007press/field/071607chi_rockfordman-sentenced.pdf - 7 years for being a felon in possession, in Rockford, IL.

http://www.atf.gov/press/2007press/field/071307chi_rockfordman-sentenced.pdf - 5.5 years for being a felon in possession, in Rockford, IL.

Just a few examples, and those are just the ones from your town that went federal, and were deemed significant enough to merit a press release. I guarantee throughout the state there are many more fed and state prosecutions of prohibited persons, including felons, illegally in possession of a firearm.
 
Texas PC §46.04:

Unlawfull Possession of a Firearm

Procede with caution, as ATF often invents their "rules" on the fly.
Click to expand...
No, they do not invent their own rules. They do however enforce federal law, which may differ from state laws. Guess which set of laws has Supremacy? I used that word for a very specific reason related to a particular portion of the Constitution of the United States. ;)
 
hello all,

i have questions about how to gain the right to own a gun.

before the question here is the background.
in 1987 when i was 18 years old i was convicted of a felony.

"theft of property having a value in excess of $300.00"
class 3 felony violation of chapter 38, section 16-1 illinois revised statutes.

the sentence was 24 months probation, restitution and 100 hours public service work.

$401.00 was the total amount i was charged with. basically i stole some cash from the cash register and did not clock out for lunch breaks.
when i was questioned by the store security team i was scared and said what they told me to into the tape recorder and ended up being charged with the above. even though i really only stole 40 dollars ($10.00 at a time) and did not clock out for lunch, i do not know how many times.

i am now almost 40 years old and have a great career, a great wife of 15 years, i own my home and i want the right to protect my wife, my home and myself with a gun.

being a felon that seems unlikely :-(.
do any of you have advice on what i can do to legally own a gun?

i am a hard working, tax paying, good person who made a very stupid mistake many years ago. what do i do now?

thanks
Click to expand...

Take up archery.

You knew what you were doing was wrong and did it anyway. There are lifetime consequences for felonious acts, RKBA is one of them.

What you committed was a property crime, for which IMHO I see no difference in that versus a crime against a person. Read Jeffrey Snyder's "A Nation of Cowards" and you will understand.
 
Not all the time. There was a lawsuit where the courts ruled the county sheriff was the CLEO and both FBI and BATFE had to go through the sheriff's office and get permission. Montana, IIRC.
Click to expand...
Permission to do what?

If you're claiming that any federal court ruled that federal agents with statutory law enforcement authority under federal law, including FBI and ATF Special Agents, are required to get permission from a local Sheriff before enforcing federal law, then you are flat out wrong.

However, if you can provide a citation of the case law that supports your claim I'd love to read it. Forgive me if I don't hold my breath on that one.
 
You knew what you were doing was wrong and did it anyway. There are lifetime consequences for felonious acts, RKBA is one of them.

What you committed was a property crime, for which IMHO I see no difference in that versus a crime against a person. Read Jeffrey Snyder's "A Nation of Cowards" and you will understand.
Click to expand...

Well, it took 38 posts, but JGO296's prediction came true, but there it is.....
 
Last edited:
Most of what has been posted so far is totally wrong. I work for the Federal Government and I'll tell you this.
1. Felon in possession or attempted possession convictions have risen many times over in the past several years. If you are not legal DON'T do it. THis is also a FEDERAL LAW regardless of what the state law is. Several states will reinstate your gun rights but that has NO effect on the Federal laws. If you go to your Sheriff and get a CCW and purchase a pistol you will still face up to five years in Federal prison if your caught.
2. I have no problem with you restoring your gun rights. THe laws on the books do little to deter crime anyhow. Contact your local office of the BATF. They are the only "experts" on the matter. Inquire in writing and follow whatever process or answer they give you EXACTLY. I believe it is possible to reinstate your rights but its not something that regularly happens. Most guys with a felony under their belt don't go clean that easily.
3. Finally, I believe you can petition the courts to have that conviction removed from your record. If have been clean this long I think they would be willing to do it. I would send a letter to the DOJ and the ATF and see if there is some type of relief for your case.
 
Well, it took 38 posts, but JGO296's prediction came true, but there it is.....
Click to expand...

Or consider post #10, when the poster who would fulfill the prediction of the post #2 prediction was correctly predicted.
 
Last edited:
you can probably get your state rights back, but you can never get your fed. rights back without a presidential pardon.. Clinton took the money away from the BATF to run checks on people and have their cases expunged.. do a search.

black powder guns don't fall under the fed laws and is not considered a weapon
 
Most of what has been posted so far is totally wrong.
Click to expand...
Including your post.
1. Felon in possession or attempted possession convictions have risen many times over in the past several years. If you are not legal DON'T do it. THis is also a FEDERAL LAW regardless of what the state law is. Several states will reinstate your gun rights but that has NO effect on the Federal laws. If you go to your Sheriff and get a CCW and purchase a pistol you will still face up to five years in Federal prison if your caught.
Click to expand...
I posted links from the ATF Firearm FAQs regarding this. You should read it. If a the state where the person was convicted completely restores their firearm rights, they are no longer prohibited under fed law. Their rights must be completely restored, meaning if the state says long guns are OK, but no handguns, then they are still prohibited under federal law. Also, a violation of 18USC922(g)(1) is punishable by up to ten years in federal prison, not five.
Contact your local office of the BATF. They are the only "experts" on the matter.
Click to expand...
Well I posted that link from ATF which states if it's a state conviction, not fed, they need to contact the AG in their state.
 
you can probably get your state rights back, but you can never get your fed. rights back without a presidential pardon.. Clinton took the money away from the BATF to run checks on people and have their cases expunged.. do a search.
Click to expand...
Yeah, do a search, where we discuss this and it's been debunked. Petitioning ATF for relief was only one way to have rights restored, and CONGRESS took that option away. Further, that happened in 1992 before Clinton was president. However, there are other avenues for relief, and in fact I posted two links from the ATF Firearms FAQs on this thread which discuss those options.

Here is one of our previous discussions on this topic:
http://thehighroad.org/showthread.php?p=4318553&highlight=pardon#post4318553
 
Status
Not open for further replies.
Back
Top