I feel that I want to share this since I see it come up often.

[thatguy]

I frequently see posts about friends or relatives who have old felony convictions are therefore barred from having guns. Many times the posts mention that these offenses were minor, like pot possession or fight in a bar while in the service, and the person has led a sterling life ever since.

Many people don't know it, but you can petition a court to expunge a criminal record. The requirements will vary from state to state but in general if you have not had any further trouble with the law in at least 3 years, and 5 is better, you can ask a judge to wipe out a criminal record. Once this is done, legally the conviction never occurred and there is no record of it. You need not reveal the conviction on a job application since legally it never happened. Also, all of your rights to vote, own a gun, etc. are restored.

If anyone is interested, you might seek legal counsel since a lawyer would probably know the best judge to approach with this matter.

 

[Jim K]

I don't know what the effect on the gun law would be. There is a provision in GCA 68 for felons to petition to be allowed to own a gun. At one time, an exemption was pretty routine. Then Spiro Agnew petitioned to be allowed to buy a small revolver for his own protection after he received threats. The Democrats went berserk, and immediately enacted a funding ban on that part of the law. It was purely political - Osama Bin Laden would have gotten an OK, but Spiro Agnew was seen as the most evil person in the world.

The ban stands to this day, so no exemptions can be granted.

Jim

 

[Cortland]

I thought the Congressional defunding applied only to those with Federal convictions. If your conviction is from a State, you could still potentially have that expunged. Oh well, I just pray I never have to worry about this stuff.

 

[Moondoggie]

In some states there is also a provision for "Restoration of Civil Rights" for felons. I believe a petition to a court is involved.

 

[PlayboyPenguin]

I am sometimes in favor of only violent offenders being banned but than again it is usually just a few extra steps to get a record expunged if your offenses were mild. I am also in favor of de-criminalizing marijuana. If we were taking up less jail space with these non-voilent offenders rapist would not being getting out so quickly.

 

[f4t9r]

Thats a fair rule

 

[gc67]

felony as a minor

A coworker of mine was convicted of a felony AS A MINOR in AZ. The charge was felony flight (he took off when the police pulled him over). He has had a clean record since then. Does any one know if he can legally purchase/own a firearm since it happened when he was a minor? He really would like to get back into shooting, and I wouldn't mind a new range buddy. Thanks

 

[Mizzle187]

Some states also have it where after so many years after the conviction your rights are restored. Obvioiusly if you hadnt had anymore convictions that would tke your rights away again. And certain convictions dont give you that option.

 

[Autolycus]

My feelings are: legalize Marijuana. If you criminalize MJ then you should criminalize Alcohol and tobacco.

If they are out of prison they should be free to own a firearm. However if they cannot be trusted wiht a firearm they should not be trusted to be out of prison.

 

[ExtremeDooty]

A friend of mine told he got his gun rights taken away when his ex wife took him to court for non payment of child support. He actually was paying, he gave her cash many times and didn't get a receipt, and also lost some of his bank records, or so he says anyway.

Is that possible? Can they take your gun rights away for something like that? I didn't think non payment of child support was even a crime, more like a civil matter.

 

[sherpa]

old records

i had a couple of minor run ins 45 & 46 years ago and the F.B.I. still has me on file. it took 2 months to get information back from califorina for my cwp. do not be suprised if they have some minor offince recorded on you that will stop you from getting your cwp.

 

[aaronrkelly]

ExtremeDooty:

Probably depends on what state/locality you live in. Here your drivers licence can get revoked and you can do jail time for non-payment of child support. Happens pretty regularly.

 

[1911Tuner]

Felony

There are many felonies on the books that technically revoke the right to RKBA although the crimes were of a non-violent nature...and really shouldn't
affect that right, once the penalties have been paid for the offense and a
reasonable "Straight and Narrow/No Return Engagement period has passed.
3-5 years, depending on the offense would be a good range.

I wouldn't look for it to happen though. As noted before, the antis aren't going to give up the hard-fought ground they've gained...and instead you can probably look for many offenses now on the books as misdemeanors to
be rewritten as felonies. With one stroke of a pen, entire categories of
now legal gun owners are disarmed or criminalized by such legislation...and it will continue.

Your rights and liberties aren't taken away in one gulp. They're eliminated
a nibble at a time...and our opponents have learned to be patient. The line from simple misdemeanor to felony offense is getting narrower. First we saw
"Domestic Violence" as a reason...retroactive and without viewing each case on an individual basis. No matter that the offense only involved a minor scuffle during hot blood with no injury to either party...and now it doesn't even require a conviction in many jurisdictions. An accusation will do it.
Here, we have a category in which "Due Process" is suspended. How long will it be until they can find another one that can be justified? Anyone here get a
DUI or DWI when they were teenagers or college students...even 25 or 30 years ago? You may be next on the list. Fistfight with a rival for a cheerleader's affections?

Food for thought...

 

[rdbrowning]

If you are asking a judge to expunge your record, it may be wise to use the reason for the request is so that you can have your voting rights restored. That may put you in a more positive light with the judge, or at least it is less likely to put you in a negative position.

 

[1911Tuner]

re:

rdbrowning...Very good point.

 

[DMF]

A friend of mine told he got his gun rights taken away when his ex wife took him to court for non payment of child support. He actually was paying, he gave her cash many times and didn't get a receipt, and also lost some of his bank records, or so he says anyway.

Not sure about what the local/state laws say in your area, but this story is a bunch of BS as far as federal law goes. As far as "domestic" problems go federal law only prevents you from posessing guns if convicted of a misdemeanor crime of domestic violence, or if under a restraining order meeting specific criteria about violence. These are sometimes known as "super" or "special" restraining orders. So the old lady can't get you jammed up, under the federal laws at least, for financial problems, custody issues, etc. There must be violence or threats of violence involved.

 

[DMF]

If you are asking a judge to expunge your record, it may be wise to use the reason for the request is so that you can have your voting rights restored. That may put you in a more positive light with the judge, or at least it is less likely to put you in a negative position.

One catch with this is that some courts will expunge, seal, set aside, etc a record, but will set as a condition that gun rights are still restricted. If that is included, then the person is still prohibited from posessing guns under federal law.

The same can be true of pardons. A pardon can contain conditions, such as a limits on gun posession.

Just a heads up for anyone going this route.

 

[Mizzle187]

The only bad thing is in Louisiana felonies take away your gun rights but not your voting rights! Go Figure!

 

[rust collector]

Sadly, federal law trumps local in in prohibiting felons from possession of firearms or ammunition. The federal law provides the mechanism for restoration of these rights, but funding for the administration of the restoration law was removed at the behest of the Violence Policy Ctr some years ago and has never been reinstated. Anyone who was ever involuntarily committed for mental health treatment has similar problems.

There are ways to enjoy the shooting sports that do not violate this law, but you need to hear about those from a qualified attorney rather than to read it off the web and end up in club fed.

 

[armedandsafe]

BATFE does not recognise state reinstatement of rights. They cannot follow the state's line because they are not permitted to spend any money on doing so. The only way to get around it is to have your state EXPUNGE the record of the felony/domestic violence. This then works only if a search goes only to the state. The federal records stay in place and NICS will turn it up.

Pops

 

[CowboyEngr]

I do not want to hijack this thread, but would like to know, along this same line: alright, a felony conviction may prevent firearm purchase or ownership, but what about firearms that a felon already owns, that played no part in the crime, are otherwise legal, etc.? Does he have to sell them, give them away, have them confiscated?

 

[SOT]

Does he have to sell them, give them away . . .

Yes.

 

[SOT]

Sadly, federal law trumps local in in prohibiting felons from possession of firearms or ammunition.

Yes, but if the conviction was for a state crime, not federal, the state can restore a felon's rights, and if that happens the person is no longer a prohibited person under federal law.

 

[Justin]

I don't know what the effect on the gun law would be. There is a provision in GCA 68 for felons to petition to be allowed to own a gun. At one time, an exemption was pretty routine. Then Spiro Agnew petitioned to be allowed to buy a small revolver for his own protection after he received threats. The Democrats went berserk, and immediately enacted a funding ban on that part of the law. It was purely political - Osama Bin Laden would have gotten an OK, but Spiro Agnew was seen as the most evil person in the world.

The ban stands to this day, so no exemptions can be granted.

Jim

Is there a source for this?

 

[SOT]

Never heard the Spiro Agnew and Democrats conspiracy crap before. However, I do know Congress refused to appropriate any money to the ATF for applications for relief in 1992, and every year since it has been left out of the budget.