![]() ![]() Help from an Attorneyīecause laws are ever-evolving, it can be confusing and rather difficult to attempt to restore your firearm rights if you are a convicted felon. This is the case even if felons were not guilty of violent crime convictions. The problem then becomes that this agency is notorious for simply failing to review the documents, leaving former convicts in a sort of legal limbo while waiting for their firearm rights to be restored. The agency will then review an application to restore the rights to bear arms. The Bureau of Alcohol, Tobacco, and Firearms.If this is the case or if a felon had his conviction given by a federal agency, they will have to file with the: However, a problem arises when state laws conflict with federal laws, which are often stricter and may take precedence even if the conviction was ruled by state authorities. It is easier to get civil rights restored if a felony conviction was given by a state court rather than a federal court. This process requires the assistance of a lawyer and can restore a variety of civil rights including the right to hold public office in addition to the right to bear arms. The only other federal recourse is to petition for a presidential pardon. Here’s how to apply for a Governor’s Pardon. ![]() To receive a Governor’s Pardon, you must apply through your state of residence – but only if you are eligible. Several states like California, Louisiana, New Jersey, New York, and Oklahoma will restore a convicted felon’s firearm rights if he or she receives a governor’s pardon. Typically, the state will only consider you if you were charged with a crime unrelated to violence. Lastly, in some states, you may be eligible for a Petition of Restoration of Firearm Rights. Petition for Restoration of Firearm Rights If you are eligible for expungement in your state, you must first file a petition with the courthouse.Īfter the proceedings, your record may be expunged, in which case you may be able to restore your firearm rights. Apply for felony expungement means the felon’s criminal records will be erased (as though the crime never happened), thus restoring his or her rights to purchase and carry a firearm (if applicable in his or her state of residence).Ĭheck your state’s website to determine what makes someone eligible for expungement, and discuss further with an attorney that is able to analyze your particular situation. The process involves finding this form and filing it with the appropriate authorities.Īs previously stated, some states will allow convicted felons a second chance. The person may be required to show proof such as a steady job and ties to the community, and they may need to wait a significant amount of time before being allowed to apply. Generally speaking, these forms will only be accepted if the person can prove that their life has changed and that they are reformed. Many states and agencies have an existing form for felons to apply to have their civil rights restored. This is known as adjudication and will involve contacting the Department of Justice in the state or one of several federal agencies. Step One: Figure Out Who Charged You With The Crimeĭepending on whether the felony was a state or federal offense, a convicted felon’s process of getting the rights to bear arms will vary. Varying state by state, gun restoration laws offer convicted felons opportunities to regain their firearm rights, and in some places, it is easier than others.įor instance, in Indiana, a person can petition to the courts to have their firearm rights restored, and in Kentucky, a convicted felon can apply for expungement – but not until five years after his or her sentence has been completed.Īll in all, if you are looking to have your firearms rights restored, be sure to look into your state’s laws to ensure you are proceeding legally, with the correct information. However, state laws may differ from those at the federal level. Since the Gun Control Act was passed in 1968, anyone convicted of a felony – whether or not it involved violence – loses his or her firearm rights. At that time, the federal government mandated that no person convicted of a felony involving violence would be able to have his or her firearm rights restores. Under federal law, convicted felons lose their firearm rights, which is a decision that stemmed from a law developed in 1934. ![]()
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