QUESTION
Can a convicted felon get his gun rights back?
Asked on Dec 08th, 2011 on Criminal Law - Pennsylvania
More details to this question:
I am a convicted felon I would like my gun rights back. Felony "theft over 300.00"
25 ANSWERS
Criminal Defense Attorney serving Philadelphia, PA
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O'Hanlon Law Firm, P.C.
No.
Answered on May 29th, 2013 at 2:50 AM
Car Accidents Attorney serving Milwaukee, WI
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Velez, Moreno & Vargas, LLC
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No.
Answered on May 29th, 2013 at 2:49 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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No.
Answered on May 29th, 2013 at 2:48 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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No.
Answered on May 29th, 2013 at 2:33 AM
Very unlikely but you should check the Statute and/or check with an agency that sells guns. They should know if certain felonies are an absolute prohibition against getting gun right restored.
Answered on Jul 16th, 2012 at 7:40 AM
1 Award
No, if you are a convicted felon it is a federal offense to be in possession of a firearm. The only way to get your second amendment rights back is to have your felony conviction overturned or pardoned. If you can do this (which is very difficult), you can attempt to get your rights back but that also is a very difficult thing to do. For all intents and purposes, a person who is convicted of a felony loses their right to bear arms.
Answered on Jul 13th, 2012 at 12:44 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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Yes from the governor.
Answered on Jul 11th, 2012 at 9:44 AM
Criminal Defense Attorney serving Lake Charles, LA
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Michael R. Garber
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If you get a pardon you can.
Answered on Jul 10th, 2012 at 4:01 PM
Michael J. Breczinski
Yes but an attorney would have to sit down with you and review your entire record.? Some crimes after a period of time will no longer prohibit you from getting a gun if enough time has passed after you were done with your sentence. Other crimes you have to appear in front of the County Gun Board and ask them to restore your rights.
Answered on Jul 10th, 2012 at 10:32 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No. Gone forever under both state and federal law.
Answered on Jul 09th, 2012 at 6:37 PM
You might have to get your criminal record expunged if this is the only conviction you have and its been over 5 years or more (without trouble).
Answered on Jul 09th, 2012 at 6:26 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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You cannot possess a firearm with a felony conviction. 18 USC 922 subsection (g) It shall be unlawful for any person (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (_21_ U.S.C. _802_ ; (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; (5) who, being an alien (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act _8_.
Answered on Jul 09th, 2012 at 2:18 PM
An ex-felon may apply for a restoration of rights which would give you all the rights of a person who has not been previously convicted of a crime. The time limits for applying for restoration of rights varies with the type of conviction.
Answered on Jul 09th, 2012 at 2:07 PM
Leonard A. Kaanta
You can etition the county gun to restore your rights which would allow you use black powder firearrms, butyou you could possess modern firearms under federal law and there is no wayhave them restored. If it was your only offnse, you have your conviction expunged under Michigan law.
Answered on Jul 09th, 2012 at 1:53 PM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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Sorry. And even if CA found some reason to restore your gun rights you are still anex-felon in possession of a firearm - a very serious federal offense. Forget about guns.
Answered on Jul 09th, 2012 at 12:29 PM
You will need to seek an expungement of those charges to be able to pursue your gun rights. As a convicted felon, you are barred from owning a firearm. You may want to contact an experienced and affordable criminal defense attorney to help you with sealing your record and recovering your gun rights.
Answered on Jul 09th, 2012 at 10:50 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your rights can be restored. Do an internet search for Florida Clemency and you will find a page from which you can download the forms for doing this.
Answered on Jul 09th, 2012 at 10:48 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depending on the circumstances it might be possible to have the conviction expunged and regain your rights.
Answered on Jul 09th, 2012 at 10:45 AM
3 Awards
Not in Texas. Felons are no guns for life here.
Answered on Jul 06th, 2012 at 10:12 PM
Civil Rights Attorney serving Fresno, CA
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Law Office of Kevin G. Little
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You would have to petition the criminal court for restoration of your civil rights.
Answered on Jul 06th, 2012 at 10:00 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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I can't give you a good answer. The only hope is because the amount for felony theft is now $950 that there may be an argument that the case should have been a misdemeanor. The old limit was $400.00 so I am not sure how your theft was a felony if it was $300. If your theft was over $950 it won't work. You would have to file a motion to reduce the charge due to change in law. You should contact a gun rights advocacy organization for help. Unless you do so you will never have a right to gun ownership.
Answered on Jul 06th, 2012 at 9:56 PM
You can, but all felony convictions will need to be expunged.
Answered on Jul 06th, 2012 at 9:54 PM
3 Awards
Not without overturning the felony the federal government and state governments do not allow felons to have guns - you can seek a pardon if this is a hunting issue, consider bow hunting.
Answered on Jul 06th, 2012 at 9:44 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Yes, you can. You have to file a petition in Superior Court. This can be done fairly inexpensively.
Answered on Jul 06th, 2012 at 9:27 PM
General Liability Attorney serving Harrisburg, PA
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Abom & Kutulakis, L.L.P.
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You can seek a pardon. Consult with and retain an attorney for a legal opinion.
Answered on Jul 06th, 2012 at 9:20 PM