Restoration of civil rights - firearm...
John

Hattiesburg, MS

#21 Dec 30, 2008
I was convicted of a federal offense in Feb. 1986 in Alabama. My sentence was 90 days in a county jail and 5 years probation,and full restitution. I fulfilled my probation and paid my restitution before the 5 years was up.. My conviction was embezzlement from a labor union. Since my sentence was under a year am I barred from owning a gun? I was called for federal jury in 1996 and declined. I haven't attempted a Presidential Pardon yet, too time consuming and alot of paperwork. Should Iattempt to get a NCIs background check? To see if I can own or carry a handgun? I have No arrests or tickets since 1986
Brian

Colorado Springs, CO

#22 Jan 13, 2009
Jim,
really appreciate the time and effort you have put into these posts.
i was convicted of a felony in colorado in 2001 and completed probation in 2006,does my 10 year count start at the time of my conviction,or at the time i was released from probation?
whats worth my time,
writing the governor or hiring a lawyer to take it to court to be expunged?(once the 10 year wait is up)
once you've received the pardon etc, are you still barred from purchasing a firearm,and only allowed to own one?
thanks in advance
Katherine

Tempe, AZ

#23 Jan 16, 2009
My boyfriend is on unsupervised parole for a crime he committed in 1995 just shy of his 16th birthday. The crime was committed in Colorado but he now lives in Virginia.

My question is twofold. After he is completely released from parole, does Colorado provide a way that his record can be expunged because he was convicted as a juvenile?

Even if this is not possible, if I'm reading it correctly, ALL of his civil rights, including his rights to own a firearm, should/will be automatically restored under the Colorado constitution after a 10 year waiting period? Am I mistaken? Any information would be most helpful. Really. Take care and thank you!!!:)
BB Ks

Leoti, KS

#24 Feb 8, 2009
ok we need help my boyfriend was charged with felony possession of a firearm. but what we dont understand is that his probation officer told him that he had no restrictions and he could carry a gun for target practing. so this means it is the probation officers falut for not looking at his records. does this mean that my boyfriend should still be charged because the probation officer told him he could have firearms?
Joe

United States

#25 Feb 19, 2009
Here's one for you. In Michigan, if you get convicted of misdemeanor Domestic Violence and go to jail, Michigan takes away your civil right to vote while incarcerated. Upon release, your civil rights are then re-instated. This takes care of the federal gun law requirements which state:

A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or HAS HAD CIVIL RIGHTS RESTORED (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

Not many people know about it. A guy here in Michigan was busted by the feds because he had a misdemeanor DV and was in possesion of a firearm. He fought it and won because MI is one of the few states that take away civil rights on a misdemeanor, then they reinstate then once the jail term, fines, etc. are complete. Here's the link to his case in US Appeals court:

http://cases.justia.com/us-court-of-appeals/F...
itlogo

Castle Rock, CO

#26 Mar 6, 2009
Brian wrote:
Jim,
really appreciate the time and effort you have put into these posts.
i was convicted of a felony in colorado in 2001 and completed probation in 2006,does my 10 year count start at the time of my conviction,or at the time i was released from probation?
whats worth my time,
writing the governor or hiring a lawyer to take it to court to be expunged?(once the 10 year wait is up)
once you've received the pardon etc, are you still barred from purchasing a firearm,and only allowed to own one?
thanks in advance
If you were convicted of a felony, you cannot purchase OR own a gun.
itlogo

Castle Rock, CO

#27 Mar 6, 2009
Katherine wrote:
My boyfriend is on unsupervised parole for a crime he committed in 1995 just shy of his 16th birthday. The crime was committed in Colorado but he now lives in Virginia.
My question is twofold. After he is completely released from parole, does Colorado provide a way that his record can be expunged because he was convicted as a juvenile?
Even if this is not possible, if I'm reading it correctly, ALL of his civil rights, including his rights to own a firearm, should/will be automatically restored under the Colorado constitution after a 10 year waiting period? Am I mistaken? Any information would be most helpful. Really. Take care and thank you!!!:)
Your BF will need to petition the court to expunge his juvenile record first before he can own a firearm--that right is not automatically restored. Expungement criteria will usually depend on the severity of the crime and any misdemeanor/felony convictions since.
itlogo

Castle Rock, CO

#28 Mar 6, 2009
BB Ks wrote:
ok we need help my boyfriend was charged with felony possession of a firearm. but what we dont understand is that his probation officer told him that he had no restrictions and he could carry a gun for target practing. so this means it is the probation officers falut for not looking at his records. does this mean that my boyfriend should still be charged because the probation officer told him he could have firearms?
I don't think you'll be get that to stick to the PO. Ignorance of the law isn't a defense.
Mary

Mesa, AZ

#29 Mar 16, 2009
My boyfriend was given a ticket that included Disorderly Conduct, and Possession of Fireworks in the state of Arizona. He owns many gun and we are wondering if the ticket can do anything to his rights to own and handle firearms now or in the future?

“FREE LEONARD PELTIER!!!”

Since: Dec 08

Southern Colorado

#30 Jun 29, 2009
I never got the notice that you had replied Jim - thanks. I think that if you were to know a little more about me, you would probably see something different about my circumstances.
At an earlier hearing, the judge who presided looked at the case report and asked the DA if there isn't ever an end to this. The prosecutor asked what he meant. The judge said that this mans conviction was in 1981 and here we are 28 years later, no further charges until this one. He said there had to be an end to this and that if it were left up to him, he know what he would do with it. He said this was repugnant to him.
But the sheriff lied about whether he had consent to enter my home so the judge had to bound me over for trial. However, this isn't going to be brought up at trial. Instead, the affirmative defense issue is going to be presented to a jury. The DA's doesn't want to offer a deal.
I've never been charged or convicted of any crimes of violence, or anything involving the use of a firearm. While I was still incarcerated, I was nominated and received the 1987 Oklahoma Human Rights Award for my role in defending the right of Native prisoners to wear their hair long. Since then I have testified before congressional committees on Native rights, spoken to delegates at the United Nations, I was a volunteer chaplain at the Oklahoma City bomb-site, a spiritual advisor to state and federal prisons, and served as a consultant to the Oklahoma Department of Corrections in the development of a manual to orientate correctional officers about the religious/spiritual practices of Native prisoners.
I am a national spokesperson for the Leonard Peltier Defense Offense Committee. If you are not quite familiar with Peltiers case, go to www.whoisleonardpeltier.info . He has served over 33 years in a federal prison for the deaths for two FBI agents the government admits it can no longer prove. He has had the support of over 55 members of Congress, heads of state, and world religious leaders. Amnesty International who has reviewed his case designated him as a political prisoner.
There is a recent irony in both our cases. I first learned of Peltier 28 years ago. I was scheduled for trial June 23rd, but it was postponed to July 28th, and then the following day we were notified that Peltier parole hearing was rescheduled for July 28th. Both of our freedoms hang in the balance on the same day.
My attorney believes that we should rely solely on the affirmative defense and has had an investigator come out and take pictures to illustrate the rural area we live in. So we'll see how it turns out. There seems to be quite a few people coming to show their support.
There are two points in the Colorado Constitution:
Article 7, Section 10. Disfranchisement during imprisonment.
No person while confined in any public prison shall be entitled to vote; but every such person who was a qualified elector prior to such imprisonment, and who is released therefrom by virtue of a pardon, or by virtue of having served out his full term of imprisonment, shall without further action, be invested with all the rights of citizenship, except as otherwise provided in this constitution.
The last part of the sentence obviously refers to the following:
Article 2, Section 13. Right to bear arms.
The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
It has been the judicial interpretations that have created the former felon laws in regards to firearms possession in the right to bear arms that have bypassed an absolute right to possess firearms after fulfillment of conviction. However, case law has upheld the right to have firearms for protection of the home, family and property, so it will be an interesting case.
Jay

Littleton, CO

#31 Jul 24, 2009
Hi,

I was convicted of Burglary a class 4 felony in colorado in 2001. I received the felony when I was under the age of 18. I would like to know if I am able to own a firearm if I get me record expunged? Or do I need to get my record expunged to own a firearm?
Steve

Lake Havasu City, AZ

#32 Aug 28, 2009
I'm exhausted trying to find an answer. Can someone please help?

I was convicted of Felony Menacing in early 2001 in Colorado. I was given 4 years D.O.C. but attended the CCAP boot camp program and completed it top of my class. For completing this, my judge reconsidered my case and let me go home with 4 years probation. I would assume my prison time was dismissed as it was reconsidered and dropped to probation.

I now live in AZ. and would like to possess a firearm for hunting. My felony was a class 5, non-violent and first offense. Am I allowed to possess a firearm after 10 years? And, could I file in the Colorado Superior Court to get my firearm rights restored successfully or do I need a Governors pardon?(which seems unrealistic)

Thank you for your time, it is very much appreciated!!
Ben Carnes

Walsenburg, CO

#33 Aug 28, 2009
As I wrote earlier, I was scheduled for trial, but the day before trail, the prosecutor tried to have me plead to a misdemeanor. I refused and the charges were dismissed.
JOINMN

Minneapolis, MN

#34 Oct 8, 2009
Jim,
Who is a named person I can contact to help with my restoration of rights? I was convicted in 1991 of a felony for selling pot in colorado. I want to get my rigts back so I can go hunting again with my dad who is going blind. I live in MInnesota now. Any help is greatly appreciated.
Jo
Curious

Colorado Springs, CO

#35 Nov 13, 2009
If a person living in Colorado is arrested, prosecuted, and convicted of a felony by federal authorities exclusively, does that person lose their civil rights in the state of Colorado, and do they have to wait until 10 years after they are released from parole for all of their civil rights in Colorado to be reinstated?
jimmy m

Cameron, MO

#36 Dec 6, 2009
what do i need to do to obtain my federal gun rights. i was involved in a minor way of federal bank robbery, i was 18 at the time, sentence to 12 years, served 4 years, paroled and released from parole with an honorble early discharge, 7 months. have been a modle citizen, and tax payer and married father of 4 children who have all graduated from high school. ihave never broken a law since, am now retired with 35 years of service to my employer. i have never been hunting, and wanted to take my grandchildren hunting before i die. is there a chance??
anthony

Wiggins, CO

#37 Dec 7, 2009
JIM wrote:
QUALIFICATION -Obviously you CANNOT purchase a firearms through a NICS transaction - you would either perjure yourself or declare yourself ineligible to purchase on the form. Washington has provision for petitioning the court for "restoration" whereas Colorado does not. Question is - under Washington State's jurisdiction is your status affected by the CO conviction ? The CO constitution and 10th Circuit US court say your right is already restored under CO law (the State consitution). Given that condition it seems like Washington State court upon petition would concur that restoration is warranted. It's not a perfect world and with a "felony" curse , it matters WHERE you choose to live.
You would not perjure yourself if you read and properly answer the questions on ATF form 4473, firearms transaction record for a background check.
anthony

Wiggins, CO

#38 Dec 7, 2009
See notice 6 exception 1 on the form ATF-F-4473.
Dean B

Denver, CO

#39 Dec 17, 2009
I plead guilty to a felony, posession of a controlled substance, in 1990 in Colorado. I served three months work release in Denver county and two years probation. I have no other criminal record. Can I purchase and own a firearm in Colorado? If so, can I posess a firearm in other states I travel to? CBI says no, never, period, unless I get a pardon from the governor. I am reading that my rights were automatically restored almost ten years ago.
Lyle

AOL

#40 Jan 1, 2010
Hello, After I have my record Expunged,and I have my rights restored here in Califonia, and just a NOTE, This Offence happend 32 years ago in 1977 Will I be able to Purchase a Handgun and get a Carry Permit?

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