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getting gun right back

hk-91
i have a friend from work who's son got into some trouble. nothing violent or anything but had two years in prison. anyway he wants to try to get his gun rights back. now i new someone at my old job that was a felon that got his gun rights back. something about having to right a letter to the state. anyone know how to get this done.. this is a good kid just hung out with the wrong crowd.
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Comments

13 comments

Date Votes
  • Rockatansky
    no, he's a second rate citizen now.
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  • dongizmo
    He needs to get a lawyer, thats what they make the big bucks for.
    Don
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  • Marc1301
    Depends upon the state, and the crime.
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  • Odawgp
    He can get them back, but it is a lengthy and exspesive process
    He will need a lawyer and a good one, perferably one that has been though the process. If his convictions where prior to them changing the law he has a chance. if after he is SOL.
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  • Colt Super
    I think it is different in each jurisdiction.

    Here in OryGun, one goes to the District Attorney's/Prosecuting Attorney's office, and asks for the forms to initiate an "expungement".

    One must have been out from under the court's authority (probation or parole satisfactorily completed) for five years, with a clean record, and only a first offense can be expunged. If he has more than one offense (anywhere in the country or overseas), his offense won't be expunged.

    I have worked with some young adults on these issues.

    Good luck to him - it is not easy.

    Doug
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  • Permanently deleted user
    Here, you must petition the court where you were convicted for the restoration of the rights that you lost.
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  • RugerNiner
    You can get a pardon from the Governor in PA.
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  • hk-91
    this is in the state of north dakota anyone have a link to any info i have tried looking for a while just dont have any time right now. i know the guy in south dakota gov a pardon from the govoner that is what he told me. hopefully that is all you need here.
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  • sarge_3ad
    Try this: http://criminal.findlaw.com/crimes/expungement/ Hope this helps answers your questions.
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  • allen griggs
    I see that you are in North Dakota.
    Was this a state crime, or federal?
    If federal, the kid is screwed. No way.
    If state, I bet he has a chance, don't know the procedure.
    In Georgia, they have a forgiveness program for the first felony, which is a pretty reasonable program.
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  • mcaso
    Depends on the state. Vertic Set Aside, Deferred sentence, deffered prosecution, etc. Federal gun rights can be restored, if no gun was used. US Congressional law does not allow restoration of gun rights if a gun was used. ATF restores 1 in 750,000 applicates, so the state jusitiction, local superior court, were crime was committed is the best place to start. Either way he will need a good and friendly lawyer. Notice Vertic Set Aside.
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  • hk-91
    I'll have to do some reading. it was not a violent crime and i think it was a state felony. he took some snowmobiles with out permission and witch wouldn't have been a felony until he took then 10 miles into the next state that made it a felony. i would assume that would be a state felony.
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  • bhale187
    That's a felony regardless of where he went with them. ND it's felony theft to steal any motor-propeled vehicle or anything that has a value of over $500. Taking them across state lines MAY have turned this into a federal felony, taht would just depend on how gung-ho the local fedral prosecutor was.

    quote:Originally posted by hk-91
    I'll have to do some reading. it was not a violent crime and i think it was a state felony. he took some snowmobiles with out permission and witch wouldn't have been a felony until he took then 10 miles into the next state that made it a felony. i would assume that would be a state felony.
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