Restoration of civil rights - firearm...
Michael

San Diego, CA

#122 Aug 25, 2012
I was convicted of motor vehicle theft in Colorado in 1992. Originally the case was lowered to a misdameanor pending completion of probation. I failed probation and was sentenced to 4 years DOC. I completed the CCAP Boot Camp and was re-sentenced to 3.5 years and released soon after having served all time. I have not had any legal issues since that time and been a responsible, productive member of society.

I now reside in California. California Penal Code 12021 PC creates a prohibition on gun possession for three classes of individuals people who have been convicted of a felony offense, regardless of where the conviction took place.

I would like to know if there is anything I can do. I would like to purchase a rifle or carbine for the purpose of enjoying shooting with friends and family.
Joey cartoni

Minneapolis, MN

#123 Sep 5, 2012
I applied for my permit to purchase and my permit to carry in st. Paul mn. I received my permit to purchase 2 days after I applied. though I do have concerns with my CCW. About 6 Months ago me and my Girlfriend separated and unfortunately I still had feelings for her. I did call her alot in a harassing matter but stopped eventually. she stated that she was going to call the police but not sure if she ever did. Ive never been charged with a crime never less harassment. If ive never been charged or received a letter from a court. Could my ccw still be denied simply because she called the police to complain.
Anthony

United States

#124 Sep 9, 2012
In 2006 I received a felony for illegal alteration of a firearm, I can not enter the military as I was allowed to terminate my probation early to do so,..its an unclassified felony...im 26 its been 6 years...i live in California now and I want to serve my country...i don't have 2500$ to pay a lawyer to expunge....can anyone PLEASE Help me? I need to know if I can file to receive my civil rights as to be eligible for military service....ive searched high and low if you have ANY information please send. Thank you.
Laura

Denver, CO

#127 Oct 3, 2012
US v. Hall is decided under a prior version of the Colorado statute that you cite. It's been specifically disagreed with by all cases coming after it because the change to the statute is an absolute ban, forever and always, for a felon to be able to possess a dangerous weapon.
JIM wrote:
Colorado Bureau of Investigation informs me that a person with a non-violent felony conviction in 1988 in Colorado is "prohibited from firearm possession". CRS 18-12-108 states that only during 10 year period follwing conviction, adjudication,probation,incarce ration, committment, supervised parole - is firearm possession the "commission of a crime". 10th Cicuit US Court of Appeals has ruled in US v Hall, 20 F.3d 1066, 1068 (10 Cir. 1994) & US v Norman 96-1342 & 96-1359, that Colorado automatically restored civil rights after adjudication with specific restriction of firearms right for only 10 years- after which full civil rights restoration precludes prosecution under 18 USC 922 (g)(1) So how can firearms possession be a "crime" after this 10 year period ? Is "somebody" making up their own law here ?
prosecute 101

Culleoka, TN

#128 Oct 16, 2012
Actually. If you were convicted of domestic violence misdemeanor the law does not band you from owning a firearm for life or at all. It simply banned you from your right to purchase or bare arms meaning you cannot get a permit to carry. However you may own as many guns as you like. Don't take my word for it. Call your local solicitors office and ask a prosecutor. Even if you are pulled over and in possession of a firearm with a misdemeanor domestic violence charge they cannot charge you with anything other than what you were pulled over for. Do not go to a gun store and buy a gun or you will be charged with two crimes. One buying the gun and two lying on the documents. The only way to buy a firearm with a D.V. charge is by saying no on the line that ask were you ever convicted of D.V. Its weird but its true. You cant buy one but you may own one. The laws have many exceptions and meanings. be aware of these laws 100% before posting some BS that will get someone into trouble. Also for the ones asking the questions, always double check with a reliable source like a prosecutor or judge. not a police officer or any officer of the law. Most officers dont know the law to its fullest extent mainly because laws change very frequently. Just today I received four different answers from police officers when i asked if i could carry a gun in my vehicle loaded and sitting anywhere I like without a permit. one said yes. the other 3 said the clip could not be in the gun or the gun could not be loaded. and that it had to be in your seat in plain sight. Well guess what. The laws has never said you couldn't have your gun loaded in your vehicle with or without a permit. Also you may place the gun anywhere you like in your vehicle with or without a permit. You may not however carry the gun on your person without the permit. The only person in the state of Ga that is non qualified to own or possess a firearm is a felon.
SAM25 wrote:
18-12-108 Does not autamatically re-instate your gun rights after 10 years.
What it says is that if you are convicted of a class 6 felony. If you are caught with a weapon after being convicted of a felony you will be charge with either a class 6 felony or a class 5. If you were convicted of a class 6 (violent) felony after 10 years if you are caught with a firearm you will be charged with a class 5 felony instead of a class 5 felony. That's it. What I find funny about it is that it provides relief for people convicted of violent felonies but none for people convicted of lesser felonies.
Reading it is clear as mud but this is the jist of it.
For those who are querying about getting their gun rights for Domestic Violence. Federal law band you from firearm possession for Life. Even if it was a Misdemeanor conviction
mike

Holdrege, NE

#129 Oct 22, 2012
Does my rights automaticly get restored after a feelony 20 years ago.
trey

Denver, CO

#130 Oct 30, 2012
I have had two dv cases open due to arguments with my girlfriend. The first court had a sentence of pleading to negligent use of a firearm (petty misdemeanor) but it started as a domestic violence battery on a hhm. The second case started as a battery on a hhm and I ended up pleading to a disorderly conduct infraction. All I want to know is in the state of New Mexico can I still own a firearm eventhough I was never convicted of a dv but the case started as one. I was told by my public defender that she wasn't too sure ( awkward being that she was a state appointed lawyer) if I was allowed to because the f.b.i might look at it as a dv since that's what type of case it was. Thanks for any help.
Christie

United States

#131 Oct 30, 2012
If you have a felony drug charge (26 yrs ago) and was denied when trying to purchase a gun; is it possible to restore your right to buy/own guns? Also, it is my understanding that when denied that also means the you can NOT own or have any guns in your possession. What about my spouse? They've never been arrested for anything and owns a couple of guns-is it illegal for those guns to be in our home with my denial?
CJD

Denver, CO

#132 Nov 14, 2012
JIM wrote:
<quoted text>
Rene, Any felony offense under Colorado law in 2005 would be incompassed by the 10 year provision of CRS 18-12-108. This means under Colorado statute your possession of a firearm MAY be a crime (felony) during that 10 year window- depending upon the circumstances. That having been said, Colorado law still recognizes your right to act in self-defense, therefore possession for the purpose of defense of your home, person or property is an affirmative defense against prosecution under CRS 18-12-108. Your status regarding 18 USC 922 (g)(1)[federal firearms law] is in limbo still because State adjudication may still be in active status. The federal court (10th Circuit for Colorado) may not consider "all your rights of citizenship" restored just yet. My feeling - if I were in your shoes- I'd keep a low profile until 2018 - monitor the court cases coming before the 10th Circuit in the mean time.(And I would most certainly keep my nose clean).
What if the felon took place in 1997? do your rights get restored in 2007 provided no further trouble with the law? what if the charge was burglary.....I thought you mentioned it gets delayed by 10 years?
The truth

Scottsdale, AZ

#133 Nov 17, 2012
Trent wrote:
<quoted text>
I sure wish people on here would try R E A D I N G the previous posts before blindly posting questions. No wonder you all don;t own any firearms.
^^^ you are a dicksmacker
Jay

Aurora, IL

#134 Nov 25, 2012
I would just like to reply to this post as it states if you have a felony on your record "without a doubt you may never own,posses or purchase a firearm in the state of Colorado." This is only true if the felony is a Federal Felony and even if it is , it is still possible to own a firearm legally but you will have to apply for a presidential pardon. However, if it was a state crime,Almost every state has a restoration process including Colorado. After 10 yrs in the State of Colorado you may apply to have your rights restored. Contact you state rifle association or the firearms bureau in the state in which you reside for restoration information.Colorado felons may have firearms privileges restored before the lO-year period has
elapsed by receiving a gubernatorial pardon. A person convicted of an enumerated felony under
federal law or the law of another state may obtain restoration of firearms privileges before the
lO-year period has expired only by receiving a pardon from the jurisdiction of conviction. The
Bureau of Alcohol, Tobacco and Firearms will not grant relief to a person subject to state
firearms disabilities.However they recognize firearm relief If it was granted by the juristicion where the crime occured. You can find more state by stae information on this by doig a google searc for "Civil Disabilities of Convicted-Felons:
A State-by-State Survey" This survey was conducted by the Dept of Justice and provides information on how civil right are restored in every state in the country. hope this helps.
mike

United States

#135 Dec 2, 2012
All you need to do is go on the clemency website for florida and check to see if your rights were automatically restored if not all you need to do is fill out an application that you can download for free and send it in.
Joshua S wrote:
I have a felony charge from 1997 and i am tring to find out about restoring my rights or if they have already been restored how can i do this Thanks God bless
roy

Deland, FL

#136 Dec 7, 2012
JIM wrote:
My reading of CRS 18-12-108 ("Possession of weapons by previous offenders") reveals that : only during the 10 year period following conviction and final adjudication for felony or domestic violence - is the possession of a weapon by previous offender COMMISSION OF A CRIME under Colorado statute. Also U.S. 10th Circuit Court of Appeals decisions in US v Hall, & US v Norman would indicate the full rights of citizenship are AUTOMATICALLY restored after this 10 year period, and 18 USC 922 (g)(1) prosecution does not "reach" Colorado convictions outside 10 year period. Other legal sources I have reference or consulted maintain that CRS 18-12-108 restricts defined prior offenders from firearm possession for indeterminate time period (life). Comments ?
what are the laws in florida about this situation
Kory

Wysox, PA

#137 Dec 11, 2012
Someone please help... I had a ex-girlfriend attempt to keep me out of our apartment in college and she decied the sure fire way to get me out was hit me with a restraining order ...FOR 5 YEARS in CA!No drug convictions, no felonies. Now, over 5 years later, I live in PA and want to buy a new hunting rifle. I was denied with no explanation other than a challange document form. What do I need to do in order to get this lifted?
Mike

Boerne, TX

#138 Dec 13, 2012
I was accepted 10 years probation for two consecutive class C felonys for criminal attempt to commit theft in 1992. in that 10 year period I had my probation revoked twice but I never was sentenced to prison or state jail. Instead the county would place me back on my original probation arraingment and let me leave the state. After completion of the 10 year probation I returned to the state and the judge released me as cases closed and completed in compliance. Last year I was trying to purchase a shotgun for home protection and was told I failed the background check.

Any suggestions?
the_isle

Denver, CO

#139 Dec 18, 2012
Sounds like nobody knows for sure whether convicted felons (not federal convictions)can have their gun rights restored due to the laws being different in every state and there are too many variables given the infinite number of individual circumstances that may be considered by the courts. Perhaps the best advice I've found on here came from "Jay from Chicago" who suggested googling "Civil Disabilities of Convicted-Felons:
and then look up your state or something to that affect. Applying for and receiving a pardon by the governor in your state seems to be the most effective method of regaining your 2nd amendment rights but given the number of recent mass shootings and the media bias in favor of strong gun control chances are probably pretty slim you'll be successful. I can understand strictly controlling the possession of firearms by people who have committed violent crimes especially those that involved a weapon especially when the weapon used during a violent crime was a firearm but non-violent offenders across the board shouldn't be prohibited from owning or possessing a firearm. That's telling millions of Americans who have been convicted of non violent felonies that they're not worthy of being able to defend themselves or their loved ones against someone intend on doing bodily harm in ANY instant no matter the circumstances. What a crock of sh....it! Action needs to be taken to change this ridiculous legislation by the people who are most affected by it and those with the most to lose meaning non-violent felons and their families. Write your Congressional representative. Start a petition. Picket your capital building. Make bumper stickers. If enough people get involved maybe change can happen. The problem is Americans are too complacent and afraid to speak out against the government even when its so obvious the government is corrupt and incompetent. C'mon sheeple, do something!!
Jackie

Washougal, WA

#140 Dec 23, 2012
Just wondering, have you successfully purchased a gun in Wa state? I am in the same boat. Had a 3rd degree assault in 2004 and the judge said he would agree to restore my gun rights as soon as I finished paying my fines. I am hoping to get my concealed carry permit in the next year. Just wondering how this worked out for you with all the federal laws etc....
[email protected]
:)
Nameless wrote:
I was convicted of a felony (third degree Assualt) in the State of Washington in February 1996. In 2004 I hired a lawyer to restore my civil right. In 2007 I hired a lawyer to restore my gun rights in the State of Washington, I was approved in the Snohomish County Court system. I moved to Colorado in May of 2009. I tried to purchase a handgun in July 2010 at a store in Wheatridge. I did the paperwork, waited almost 2 hours to hear back from CBI. Well I wasn't approved. I did the appeal and sent my documents from Washington State courts showing my rights to own, purchase a firearm was restored. CBI sent me a letter stating that the State of Colorado doesn't honor other states restoration of firearm rights. You have to have the case expunged, dismissed, or get a pardon. So I am moving to a state that will honor Washington's restoration of my gun rights. Screw Colorado.
Jackie

Washougal, WA

#141 Dec 23, 2012
I applied for a pardon in Wa state last year for my 3rd degree assault charge and was denied, I was surprised to find out that even with a pardon you do not gain your gun rights back. The attorney gen stated I would have to petition the courts for that. So I did and as soon as my fines (for a dissorderly conduct) are paid then I get gun rights back. Although based on the RCW I think the judge was wrong. I have paid the fines completely for the charge that took my gun rights and that should have been enough, I was my own attorney though and could not argue with the judge :)
They say jail is for rehabilitation....well I am a great part of society and this is so daunting!! Trying for a normal life after one mistake is HARD.
God bless.
the_isle wrote:
Sounds like nobody knows for sure whether convicted felons (not federal convictions)can have their gun rights restored due to the laws being different in every state and there are too many variables given the infinite number of individual circumstances that may be considered by the courts. Perhaps the best advice I've found on here came from "Jay from Chicago" who suggested googling "Civil Disabilities of Convicted-Felons:
and then look up your state or something to that affect. Applying for and receiving a pardon by the governor in your state seems to be the most effective method of regaining your 2nd amendment rights but given the number of recent mass shootings and the media bias in favor of strong gun control chances are probably pretty slim you'll be successful. I can understand strictly controlling the possession of firearms by people who have committed violent crimes especially those that involved a weapon especially when the weapon used during a violent crime was a firearm but non-violent offenders across the board shouldn't be prohibited from owning or possessing a firearm. That's telling millions of Americans who have been convicted of non violent felonies that they're not worthy of being able to defend themselves or their loved ones against someone intend on doing bodily harm in ANY instant no matter the circumstances. What a crock of sh....it! Action needs to be taken to change this ridiculous legislation by the people who are most affected by it and those with the most to lose meaning non-violent felons and their families. Write your Congressional representative. Start a petition. Picket your capital building. Make bumper stickers. If enough people get involved maybe change can happen. The problem is Americans are too complacent and afraid to speak out against the government even when its so obvious the government is corrupt and incompetent. C'mon sheeple, do something!!
daniel

United States

#142 Dec 27, 2012
In 2001 I pled no contest to misdemeanor domestic violence, I competed terms of probation, it is now almost 2013 I know I will get denied gun privileges the crime happend in California I now live in Oklahoma is there any way I can restore my gun rights on a federal level.
Jack

Arvada, CO

#143 Jan 1, 2013
I was convicted of a 4th degree possession of a controlled substance in 1998,(Meth)In the State of New Mexico.I also have 14 aggravated batteries but managed not to get a felony conviction for any of these offences. Except one Aggravated with deadly charge that was a felony,but was nullied persecked and never went to trial. I havent had any problems with the law in almost 7 years and have now since moved to Colorado can I still get my gun rights back here.

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