Convicted felon's gun rights
The guys at work have been throwing around this topic. I say a convicted felon can never have his gun rights restored. A fellow employee says they can. I would like to know the actual truth. If a convicted felon can have his gun rights restored, what avenues must he pursue. Your help in this matter will solve our little bet.
Thanks
Colin McIntosh
Thanks
Colin McIntosh
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A Presidential Pardon seems to work okay. This is the only one I know for sure, there may be others... 0 -
Yes, some convicted felons can have their gun rights restored. As long as the felon has completed their sentencing, was not convicted of a violent crime or a crime involving a firearm, they may apply in writing to the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives for what is referred to as a "Relief of Disabilities". I'm sure there is probably more determining criteria so those interested will want to contact the BATFE for specifics. 0 -
State laws on this all over the place and in some cases certain crimes carry a life time ban on firearms ownership, some have a 10 year ban, and others are 5 years duration (California). These time limits go into effect AFTER a person has served his sentence so even a one year term in the slam can mean a 10 year ban on firearms ownership. Once the persons time limit has expired he and his attorney must return to the jurisdiction where the conviction took place and apply for the "relief of disabilites" shootnstar mentions. The court will take this under advisement and may restore the former felons firearms rights. If the court refuses a person must then seek a pardon from the Governor of the state. There is an office of pardons...just get in line!
The reality is that there are very few persons who are going to go out on a limb and take the risks having allowed a convicted felon the right to own a firearm. The risks in most cases are rather great. The only real exceptions to this is for certain crimes which were once felonies and are now infractions, simple misdomeanors, or no longer even crimes; these would be things like possession of small amounts of Marijuana (which used to be a felony decades ago), homosexual and other sex acts which are no longer considered criminal behavior (although they used to be felonies), and other things like that. Short answer: yes it can be done...but it is pretty darn tough.
Mark T. Christian0 -
Looks like you have received some good information colin1736. I can ad one more thing. I know of one person that was able to bring down some very high profile politicians and he was a convicted felon. He in turn made a deal with the feds to restore his rights. He stayed out of trouble for a while, but later went to prison for selling cocaine to an undercover police officer. LOSER[}:)] 0 -
There is a provision in federal law that allows the AG to restore a felon's right to own firearms, but they won't do it.
Measure twice, cut once.
Empty the clip!0 -
Shootnstar...
You are correct with the relief of disabilities act. The only problem with that is the feds have cut funding for that program and I am told it exist but does not function.... A pardon is the only way I know of that works today.0 -
colin1736;
First off, Felons have no gun rights period, and for the most part with good reason. The short answer, yes. The real answer don't hold you're breath. It is possible IF, The offence was non-violent, did not involve a firearm, the offender has completed his/her sentence with out incident AND has re-established themselves as productive members of society. This applies only to long guns, and excludes many variations, they can't have certain semi-auto rifle, rifles above a certain caliber AND absolutely NO HABDGUNS EVER. The requiremants for this were discribed above, in detail. However, Even with all that accomplished, GOOD LUCK getting a Judge in you're Juristiction to sign an order of consent, which is ABSOLUTELY nessesary. The rest of the paper work means squat without the order of consent. It can be done,but, be prepared to spent a few years and repeated tries to get it done. It will be a lot of jumping through hoops, backround checks, interviews and you still may be denied. But, It will never, ever get you a handgun,period. Felons are forever excluded from owning, possesing, or in any way having a handgun.
Kill all the lawyers and the world will be much better for it.0 -
the only way i know that has worked is to go back before the convicing judge ask that the crime be EXSPONGED. it is all up to what the judge feels about the situation.
rusty10 -
You might run this by Don King. He could tell you all about it!
cbxjeffIt's too late for me, save yourself.0 -
Gun rights can be restored for a convicted felon. Even to the point of his obtaining a concealed carry permit, in NY state, no less, one of our more restrictive handgun licensing states.
Case: Felon was involved in an armed robbery, at knifepoint,(he was not the perpetrator, but was riding with a 'friend', who stopped at a gas station and then proceeded to hold up the place at knifepoint.
He was unaware of the persons intentions to commit this crime.
They were apprehended very shortly after the crime, both received jail sentences. Twenty-five years go by, no subsequent criminal record. Man becomes respected in business community, holds down responsible job, etc. Decides to try to get concealed carry permit in NY state. In our county you have to have an NRA Basic Handgun course even before the pistol licensing people will give you an application. (Every county in NY state has different requirement as to type of instruction and qualifications, if any, required, set by county licensing judges).
I am an NRA instructor for Basic Pistol, and gave the man his course. He was advised that he would have to appear before the clerk of the court for a hearing. Having known this man for 25 years, and being able to attest to his character and qualifications, I wrote him a letter of recommendation and was asked to subsequently appear before the court clerk with him at the hearing.
After the hearing he was finally approved for a concealed carry handgun permit in NY state.0 -
Home > Gun Violence > News > News Summaries
News Summaries
U.S. Supreme Court to Tackle Felon Gun Rights
1/23/2002
The U.S. Supreme Court said it would decide whether to stop federal judges from restoring gun rights to convicted felons, the Associated Press reported Jan. 22.
The justices agreed to consider the issue following a request by the Bush administration. The case involves Thomas Lamar Bean, a former Texas gun dealer, who was convicted of a felony in Mexico when authorities found a box of ammunition in his vehicle, but later convinced a Texas state court and a federal judge that he should be able to own a gun. The judge also ruled that the Mexican conviction did not classify Bean as a U.S. felon.
Under current U.S. law, felons are prohibited from carrying guns after their release from prison, but can ask the government for an exception. But those requests have been stalled for nearly 10 years -- ever since Congress ordered the Bureau of Alcohol, Tobacco, and Firearms (ATF) to stop spending money to process them.
As a result, a number of lawsuits have resulted. In Bean's case, Solicitor General Theodore B. Olson argued that the ATF, not judges, should have the authority to handle requests to restore gun privileges to felons.
The Supreme Court will decide whether Bean's victory should be reversed.
U.S. SUPREME COURT BLOCKS FELON GUN RIGHTS RESTORATION
Felons cannot go straight to court to get their gun rights restored, according to a recent ruling by the U.S. Supreme Court.
Justices didn't get into the constitutional arguments, but ruled unanimously that courts can intervene only after the Bureau of Alcohol, Tobacco and Firearms has rejected a request.
However, Congress has barred the BATF from considering such requests, and the high court's message to appellant THOMAS BEAN was: too bad.
BEAN became a convicted felon in Mexico by possessing 200 rounds of ammunition in his car during a dinner trip across the border four years ago.
BEAN's only recourse now is to return to lower courts to argue that the Mexican conviction does not classify him as a felon in the United States.
Felons may not own guns, but can ask the government for exceptions.
When you wrestle a 'gator, there ain't no good end!!
"Molon Labe!" Spartan General-King Leonidas0
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