Help on Fed./IL. felony

[Gunfighter123]

Hello all,
In the General Gun Diss. section , there is a poll/post about if a felon should/can get their gun rights back.
So I ask this;

Quote:
BADSBSNF81
Member



Join Date: December 25, 2002
Location: Out where the buses don't run.
Posts: 297 There is a process in place that convicted felons can pursue to try and get their right to own a firearm back.
__________________
The Cold War wasn't that cold


Hiya B,
Could you or someone please post a link or more info on that ----- from what searching I did on my brothers behalf ----- there is a process where he could ask for a legal hearing in ILLINOIS to try to get back his right to own a firearm BUT he would still NOT BE LEGAL under Federal guildlines --- to get your Federal status changed , only the Govenor {sp?} of IL. can expung a felony ???

 

[SgtLas]

only the governor can pardon the felony, in the home state the felony was commited. there are other circumstances .
my cousin received a felony when he was 16, now that he is 35 and lives in tenn.he found out that they allow him 2nd amendment rights. some states allow after 15 years, some its longer.
in illinois the governor can pardon, or you can submit for expongement and there is a hearing, ( can take 6 mo to 2 years ) and several thousand in filing fees and hearing costs. but you can do it without the aid of legal council.

 

[DMF]

For federal crimes only a presidential pardon can restore rights.

For state crimes the process varies from state to state, and you will need to research what needs to be done in your state. Some states you can petition the court for a restoration of rights, some only allow a pardon from the governor, some restore rights automatically after certain conditions are met, etc, etc.

My advice is contact a competent attorney in the relevant jurisdiction(s) and find out what if any process is available to you for restoring your rights.

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

http://www.atf.gov/firearms/faq/faq2.htm#a8

 

[Gunfighter123]

THANK YOU for the reply ---- a quick search shows this;

http://en.allexperts.com/q/2nd-Amendment-Bear-Arms/2008/3/restoration-firearm-rights.htm

Main body of text;
Expert: n/a - 3/14/2008

Question
Hi Mr. Reed,

Is there a way for someone living in the state of washinton to get their fire arms rights restored at the federal level?
I have my fire arm rights at the state level only.


Answer
You can't have firearm rights restored on state level unless it complies with Federal Laws. So if your state says you have restoration of firearm rights then it is within Federal Guidelines. If you have a Federal Conviction then your state can't give you firearm rights only ATF or the President of the USA can.

Good Luck

 

[janedoedad]

#4-

Have fun convincing the understanding and well meaning folks at NICS of this.

 

[Fish_Scientist]

Have fun convincing the understanding and well meaning folks at NICS of this.

I've had my second amendment rights restored in Tennessee and have successfully been included in the Voluntary Appeals File (VAF) that the BATF maintains. Petitioning the State court of TN for the restoration of my citizenship rights was relatively simple; applying to the VAF was more of a hassle.

Applying for entry into the VAF was time consuming, but the NICS operators were quite helpful in helping me to understand the delays.