Hi - just seeing if anyone has ever restored their firearm rights. Although I work to help those restore rights through our methods (legal channels), I'm wondering if anyone has done it themselves? If so - what methods did you use? Did you do it yourself or hire a professional? What state?
Legally Restoring Lost Firearm Rights
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john baker
Member
I have effectively got an expungement in the state of tennessee which automatically re-instates the right to vote, the right to sit on a jury and the right to seek and hold public office. With those three things firearms rights are an automatic here in tennessee. I didnt use a lawyer and it was fairly simple. alot easier than the "written process" made it sound.
most states have ways to do this. some states are much easier than others though to actually get it done. In Illinois it is a long and tedious process that the state police deliberately drag out as long as possible. I am told it can take multiple years just to get any response from them at all.
Sav .250
Member
I "believe" the DEA handles that. The weapons part. A phone call will tell yes or no on that.
bikemutt
Member
I know a couple people who've had their 2nd Amendment rights restored in WA, they both used a lawyer. WA law says that if the person meets all the legal requirements for guns rights restoration, the court must restore the right. There is no discretion no matter how upset the prosecutors office might get.
If I recall correctly the attorney fees were in the ballpark of $1200-$1400. They did not have to show up in court.
If I recall correctly the attorney fees were in the ballpark of $1200-$1400. They did not have to show up in court.
dogtown tom
Member
The Drug Enforcement Agency doesn't have a thing to do with firearms.
BSA1
member
I will speak for the law in Kansas at the time I retired from KDOC in 2008.
Restoration of gun rights takes place in two different branches of Government.
On the Federal level the offender can apply for restoration 5 years after competition of their sentence.
The other level that is necessary is on the State level. In Kansas. Forget it, no way is it going to happen nada, hit the road Jack. Well maybe with enough megabucks to put some politicians in your hip pocket. When I was a Parole Officer I never knew of case of it happening. We just had 4 people killed and 14 wounded in the mass shooting in Hesston, Kansas by a felon from Florida. There isn't any politician and Corrections Official that values their careers by putting their name down supporting giving a felon his gun rights back.
I do know that some misdemeanor convictions such as possession of pot being expunged usually when the conviction was when they where a teenager and now are adults with job, family, staying out of trouble.
Disclaimer; As I have been retired going on 8 years there may have been some changes to the law but the political reality is still there.
Restoration of gun rights takes place in two different branches of Government.
On the Federal level the offender can apply for restoration 5 years after competition of their sentence.
The other level that is necessary is on the State level. In Kansas. Forget it, no way is it going to happen nada, hit the road Jack. Well maybe with enough megabucks to put some politicians in your hip pocket. When I was a Parole Officer I never knew of case of it happening. We just had 4 people killed and 14 wounded in the mass shooting in Hesston, Kansas by a felon from Florida. There isn't any politician and Corrections Official that values their careers by putting their name down supporting giving a felon his gun rights back.
I do know that some misdemeanor convictions such as possession of pot being expunged usually when the conviction was when they where a teenager and now are adults with job, family, staying out of trouble.
Disclaimer; As I have been retired going on 8 years there may have been some changes to the law but the political reality is still there.
Deus Machina
Member
Depends how things went and where you are. Some places, good luck. IIRC, others restore some rights but not others.
In Florida, if you're eligible for expunction (expungement? Not a word my spellcheck recognizes, and I've heard both) it's a matter of filling out and filing the paperwork and then it effectively wipes everything from the record, and there needs to be a court order just for someone to pull up you've ever seen booking. It's like nothing ever happened. That part's easy, cheap, nothing to it. The part worth paying a lawyer for is finding out where it's stalled in someone's 'out' bin and forcing them to pass it through.
In, ahem, one case getting the DA personally on the phone and firmly reminding them that they're legally upheld to finish it within a certain time period, and not being able to do more than shake your head when it arrives late but backdated.
In Florida, if you're eligible for expunction (expungement? Not a word my spellcheck recognizes, and I've heard both) it's a matter of filling out and filing the paperwork and then it effectively wipes everything from the record, and there needs to be a court order just for someone to pull up you've ever seen booking. It's like nothing ever happened. That part's easy, cheap, nothing to it. The part worth paying a lawyer for is finding out where it's stalled in someone's 'out' bin and forcing them to pass it through.
In, ahem, one case getting the DA personally on the phone and firmly reminding them that they're legally upheld to finish it within a certain time period, and not being able to do more than shake your head when it arrives late but backdated.
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bikemutt
Member
I believe there is no relief from firearms impairment for federal felonies as congress defunded the program years ago. Federal felony=no guns, ever. Unless the person gets a pardon from POTUS, highly unlikely at present,
BSA1
member
I will defer to your opinion as my information is at least 8 years old.
Kingcreek
Member
I was executor of an estate that included a lot of guns. One of the heirs is a son with a felony record that has turned his life around and grown into a good responsible young man and a father to his children. I looked into what it would take to help him here in Illinois. The lawyer for the estate dos some checking with colleagues and the answer was, "tell him to bring 20,000 dollars and low expectations." The felony involved possession of a stolen atv and drugs as an 18 year old and has no problems for almost 15 years since then.
Art Eatman
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bikemutt is correct. While state relief can occur, the federal restrictions still apply. BATFE does not allocate budget funds for personnel to review applications for relief--therefore, "fuhgeddaboutit".
To echo what ilbob and Kingcreek wrote, in Illinois you have a better chance of winning the lottery then getting a FOID reinstated. From attorneys to psychiatrists the general rule is if the ISP denies or revokes your FOID card bring a shoebox full of money and you are NOT getting it back WHEN you get a hearing. It has nothing to do with the BATFE, it's a State of Illinois issue.
Examples: A cousin was with a person who robbed a liquor store in the early 70's using a handgun. No shots were fired and nobody was hurt. My cousin was charged as an accomplice and is now almost 70 years old. His options at the time were jail or Vietnam. He chose Vietnam. After he served his country he came back and was told no guns for you, come back in 20 years. Last year almost 50 years after the fact my cousin applied for a FOID card - rejected. He talked with an attorney who bluntly said: "it's going to cost you a lot of money and time and you still will not likely win."
My first post on THR also dealt with another family member who got a 72 hold and was released after 20 hours. 5K for a shrink to fill out the appeals paper BUT an attorney said forget about it, you are NEVER getting your FOID back. You would be wasting your time and money and that's with the police officer who made the call for the hold writing a notarized letter stating that he did what he thought was at the time right but that it shouldn't be a lifelong punishment.
In Illinois the blunt answer is NO, the saying is that once a FOID is lost, you will never get it back unless you throw SILLY money and time into it.
It would be easier to move to a different State.
Examples: A cousin was with a person who robbed a liquor store in the early 70's using a handgun. No shots were fired and nobody was hurt. My cousin was charged as an accomplice and is now almost 70 years old. His options at the time were jail or Vietnam. He chose Vietnam. After he served his country he came back and was told no guns for you, come back in 20 years. Last year almost 50 years after the fact my cousin applied for a FOID card - rejected. He talked with an attorney who bluntly said: "it's going to cost you a lot of money and time and you still will not likely win."
My first post on THR also dealt with another family member who got a 72 hold and was released after 20 hours. 5K for a shrink to fill out the appeals paper BUT an attorney said forget about it, you are NEVER getting your FOID back. You would be wasting your time and money and that's with the police officer who made the call for the hold writing a notarized letter stating that he did what he thought was at the time right but that it shouldn't be a lifelong punishment.
In Illinois the blunt answer is NO, the saying is that once a FOID is lost, you will never get it back unless you throw SILLY money and time into it.
It would be easier to move to a different State.
P5 Guy
Member
If one's voting privilege is re-instated then any and all rights and privileges of a citizens should also be re-instated, automatically and the termination of court control over said individual.
Glock_10mm
Member
The feds look to the state for firearms eligibility:
18 United States Code 44 - Firearms
USC 18 921(a)(20)
The term “crime punishable by imprisonment for a term exceeding one year” does not include— (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
If you can go through clemency or restoration of rights in that state, it should restore your rights federally under 18 USC chapter 921.
I would recommend that anyone facing charges, get a good attorney that may defer or set aside conviction. Its a lot easier to work out a deal before the conviction to protect your rights, then try and restore them later.
Here is the Clemency info for IL. https://www.illinois.gov/prb/Pages/prbexclemex.aspx
I'm not an attorney, I offer only opinion, please consult an attorney.
18 United States Code 44 - Firearms
USC 18 921(a)(20)
The term “crime punishable by imprisonment for a term exceeding one year” does not include— (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
If you can go through clemency or restoration of rights in that state, it should restore your rights federally under 18 USC chapter 921.
I would recommend that anyone facing charges, get a good attorney that may defer or set aside conviction. Its a lot easier to work out a deal before the conviction to protect your rights, then try and restore them later.
Here is the Clemency info for IL. https://www.illinois.gov/prb/Pages/prbexclemex.aspx
I'm not an attorney, I offer only opinion, please consult an attorney.
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Speedo66
Member
In NY you can apply for a "relief from civil disability". You can apply at time of sentence, or later. More rights are restored if done at time of sentence.
The application is processed through the probation dept., and signed off by the sentencing judge. No guarantees it will be granted.
The application is processed through the probation dept., and signed off by the sentencing judge. No guarantees it will be granted.
Glock_10mm it really is more of a State issue in Illinois and even though they do have a clemency procedure, to tell you the truth there are a lot of people in Illinois who are wondering if we have a Governor at all. For all effective purposes the State of Illinois is shut down.
The first step for my cousin would be to have a hearing in front of the State Police. He was convicted of a gun related felony over 45 years ago. He did his punishment which was to enlist and go to Vietnam. He has his act together, he sold insurance before retiring early. He still has shrapnel in him from Vietnam. He never even wanted a gun after Vietnam. Now that he is approaching 70 and lives close to Chicago he thought it wouldn't hurt to have one. His first step was to apply for a FOID card which was denied. He spoke with an attorney that specializes in getting a FOID reinstated and his advice was to move to a different State and go from there. Being the conviction was in the early 70's and he has lived a clean and criminal free life you would think that it would be a tad easier then trying to get clemency in Illinois. My cousin is thinking of moving to Florida anyway so to him it's not worth tens of thousands of dollars to fight this here. What Illinois says and what is the actual process is are two completely different things.
My cousin consulted with an attorney as I did for a family member who was supposed to be able to get a FOID back after 5 years. Both attorneys pretty much said be prepared to fight for a long time and pay A LOT of money. It is easier to move to a different State and go from there.
The first step for my cousin would be to have a hearing in front of the State Police. He was convicted of a gun related felony over 45 years ago. He did his punishment which was to enlist and go to Vietnam. He has his act together, he sold insurance before retiring early. He still has shrapnel in him from Vietnam. He never even wanted a gun after Vietnam. Now that he is approaching 70 and lives close to Chicago he thought it wouldn't hurt to have one. His first step was to apply for a FOID card which was denied. He spoke with an attorney that specializes in getting a FOID reinstated and his advice was to move to a different State and go from there. Being the conviction was in the early 70's and he has lived a clean and criminal free life you would think that it would be a tad easier then trying to get clemency in Illinois. My cousin is thinking of moving to Florida anyway so to him it's not worth tens of thousands of dollars to fight this here. What Illinois says and what is the actual process is are two completely different things.
My cousin consulted with an attorney as I did for a family member who was supposed to be able to get a FOID back after 5 years. Both attorneys pretty much said be prepared to fight for a long time and pay A LOT of money. It is easier to move to a different State and go from there.
Glock_10mm
Member
IL Guns
Good news is he needed to apply for a FOID card prior to moving and be denied to start the restoration process.
Its also good that more then 20 years have passed since it sounds like it was a forcible felony.
At this point I would try for Clemency or go in front of the State Police for restoration of rights. If/when approved have him apply for a non-resident Florida CCW. Have him send the clemency/restoration of right paperwork with the CCW form and it should go through. Florida acknowledges restoration of rights from other states and will issue a CCW based on it. I think only on deferred sentence or probation is there a waiting period, which shouldnt apply to this case.
If he moves to Florida, the non-resident CCW will become a resident CCW and he will be good to go. He doesnt need a CCW but it would put to rest any issue given his past. Plus he could reciprocally carry in 35 states. Unfortunately IL is not one of them.
Once his rights were restored and he has a FL CCW, he may still have issues buying a gun from a dealer (FBI NICS appeals division is currently shut down so it may never happen for him), but luckily in Florida we still have private sale. He could buy handguns or long guns via private sale. Again, only after he has had his rights restored, you dont want him to be a felon in possession of a firearm or he will spend the rest of his life in jail. Thats why I recommend him getting the FL CCW after restoration of rights, it removes all doubt.
Again I am not a lawyer, it is just my opinion, please consult an attorney.
Good news is he needed to apply for a FOID card prior to moving and be denied to start the restoration process.
Its also good that more then 20 years have passed since it sounds like it was a forcible felony.
At this point I would try for Clemency or go in front of the State Police for restoration of rights. If/when approved have him apply for a non-resident Florida CCW. Have him send the clemency/restoration of right paperwork with the CCW form and it should go through. Florida acknowledges restoration of rights from other states and will issue a CCW based on it. I think only on deferred sentence or probation is there a waiting period, which shouldnt apply to this case.
If he moves to Florida, the non-resident CCW will become a resident CCW and he will be good to go. He doesnt need a CCW but it would put to rest any issue given his past. Plus he could reciprocally carry in 35 states. Unfortunately IL is not one of them.
Once his rights were restored and he has a FL CCW, he may still have issues buying a gun from a dealer (FBI NICS appeals division is currently shut down so it may never happen for him), but luckily in Florida we still have private sale. He could buy handguns or long guns via private sale. Again, only after he has had his rights restored, you dont want him to be a felon in possession of a firearm or he will spend the rest of his life in jail. Thats why I recommend him getting the FL CCW after restoration of rights, it removes all doubt.
Again I am not a lawyer, it is just my opinion, please consult an attorney.
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Actually his son, "my first cousin once removed" is a Gary LEO so a private sale in Indiana wouldn't be a big issue. Actually my cousin will probably be moving to the west coast of Florida within a year or two and once he does so none of this really matters. That is the issue with IL denying his FOID. He was part of a crime when he was young. He did not have a gun. He was an accomplice and back then for what was considered minor crimes you could either did time or join the military and go to Vietnam. It was alternative sentencing back then. With him being almost 70 and having done his tour (Marines) he really did not care for guns when he got back. Only now that Chicago has become perhaps the most violent city in the nation did that cross his mind. He retired early and has led a exemplary life. If and when he moves he really wont care about having a gun, his big thing is traveling the world. He just got back from another one of his trips. He has plenty of money and time to fight this, he chooses not to. He is worth a couple of million of dollars so he could fight it but once he moves he doesn't care.
The same goes for another family member who is 82 years old. She had a acute crisis, never said "I am going to kill myself" and her exact words were "I might be better off dead". That's all it took for her ex primary care doc to overreact and call the police not even knowing she was a gun owner. Not being amused all she wanted was the PD out of her house. She wasn't cooperative at all. Doing 20 hours of a 72 hour hold pretty much tells the story. 5 of that was sitting the ER so really 15 hours before she was cleared. FOID card revoked, Illinois clearly states that you can get it back in 5 years but when she reapplied after 6 or 7 years she was denied. To her at 82 it just isn't worth the fight. Does she have the money to fight this? Lets just say if needed 7 figures could be brought into play if she wanted to but she is looking forward to a trip to London and Paris later in the spring.
The thing that you are missing out on is that two attorneys who specialize in this and charge $400 - $500 an hour have given both legal advice. Attorneys have been consulted and their advice was just absolutely forget about it unless you want to spend a serious amount of time and money. To both it is just not worth it. While I appreciate your advice, I'm going to go by what the highly paid attorneys advised.
It is very easy to think that the legal system works the way it is written. It does not. In Illinois if you lose your FOID card, plain and simple you are not getting it back. That's the unwritten law. With my cousin a sympathetic judge in a different State could restore his federal rights. In Illinois after jumping through hoops my other family member could bring the noise and get her FOID back. Both would require a lot of money to attorneys. I do mean A LOT.
They both have it but at this point in their lives it is just not worth it to them. Neither one cares about carrying, just their 2nd amendment right to legally own a firearm but now not really.
In reality after spending $500 for a consult and being told figure at least 10K and a battle, both would rather use that money for travel. 70 and 82 and treated like criminals in Illinois for something that happened a long time ago and another incident which was more of leave my house now situation. The PD does not like to hear that and used that for a 72 hour hold. After that situation calmed down the LEO who made the call is now a family friend and stands by his decision but never knew that it would get so out of hand. He is willing to write and have a notarized letter that he wasn't sure if a 72 hold was necessary but was going to error on the side of caution.
Attorneys have been consulted and the real law in Illinois is FOID revoked, you're never going to get it back without a huge expensive fight but I do appreciate your time in looking into it. Illinois plays by a different set of rules, plain and simple.
The same goes for another family member who is 82 years old. She had a acute crisis, never said "I am going to kill myself" and her exact words were "I might be better off dead". That's all it took for her ex primary care doc to overreact and call the police not even knowing she was a gun owner. Not being amused all she wanted was the PD out of her house. She wasn't cooperative at all. Doing 20 hours of a 72 hour hold pretty much tells the story. 5 of that was sitting the ER so really 15 hours before she was cleared. FOID card revoked, Illinois clearly states that you can get it back in 5 years but when she reapplied after 6 or 7 years she was denied. To her at 82 it just isn't worth the fight. Does she have the money to fight this? Lets just say if needed 7 figures could be brought into play if she wanted to but she is looking forward to a trip to London and Paris later in the spring.
The thing that you are missing out on is that two attorneys who specialize in this and charge $400 - $500 an hour have given both legal advice. Attorneys have been consulted and their advice was just absolutely forget about it unless you want to spend a serious amount of time and money. To both it is just not worth it. While I appreciate your advice, I'm going to go by what the highly paid attorneys advised.
It is very easy to think that the legal system works the way it is written. It does not. In Illinois if you lose your FOID card, plain and simple you are not getting it back. That's the unwritten law. With my cousin a sympathetic judge in a different State could restore his federal rights. In Illinois after jumping through hoops my other family member could bring the noise and get her FOID back. Both would require a lot of money to attorneys. I do mean A LOT.
They both have it but at this point in their lives it is just not worth it to them. Neither one cares about carrying, just their 2nd amendment right to legally own a firearm but now not really.
In reality after spending $500 for a consult and being told figure at least 10K and a battle, both would rather use that money for travel. 70 and 82 and treated like criminals in Illinois for something that happened a long time ago and another incident which was more of leave my house now situation. The PD does not like to hear that and used that for a 72 hour hold. After that situation calmed down the LEO who made the call is now a family friend and stands by his decision but never knew that it would get so out of hand. He is willing to write and have a notarized letter that he wasn't sure if a 72 hold was necessary but was going to error on the side of caution.
Attorneys have been consulted and the real law in Illinois is FOID revoked, you're never going to get it back without a huge expensive fight but I do appreciate your time in looking into it. Illinois plays by a different set of rules, plain and simple.
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