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  1. #1
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    Jan 2011
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    Post Restoring Gun Rights for Non-Violent Felony

    My question involves criminal law for the state of: Federal, Georgia, Florida, and Texas.
    While living in Georgia, I was arrested for Contributing to the preparation of a false federal tax return. The case was heard in Dallas, Texas. I now live in Florida. I did a plea bargain to one count and was sentenced to two years commuted to five years probation. This was completed in 1992 in Georgia and all rights were restored including the right to vote, but not the right to keep and bear arms. I now live in Florida. How do I go about getting my gun rights restored? It was a Federal charge. Do I also need to ask for restoration from the state of Florida?

  2. #2
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    Default Re: Restoring Gun Rights for No-Violent Felony

    If the issue was your preparation of a federal tax return, this would be a federal conviction we're talking about? And, despite the panoply of states mentioned, just the single conviction?

  3. #3
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    Default Re: Restoring Gun Rights for No-Violent Felony

    Quote Quoting Mr. Knowitall
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    If the issue was your preparation of a federal tax return, this would be a federal conviction we're talking about? And, despite the panoply of states mentioned, just the single conviction?
    That is correct.

  4. #4
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    Default Re: Restoring Gun Rights for No-Violent Felony

    For federal convictions that lead to a bar on firearms ownership, federal law allows the BATF (Bureau of Alcohol, Tobacco and Firearms) to remove firearm disabilities. Unfortunately, the statute granting that power has not been funded by Congress for more than a decade and the remedy is thus unavailable. The other potential remedy is a federal pardon (Presidential Pardon), but those are rarely given.

  5. #5

    Default Re: Restoring Gun Rights for No-Violent Felony

    What is the situation in the case of the Court issuing a pardon that predates any actions which the BATF has undertaken concerning this issue discussed in the threads of none violent charges, as I posted in my thread somewhere on this forum earlier, I had received an order or release and reinstatement of my rights early in 1984, then in 2000 I was indicted for possession, the same court that issued my restoration in 1984/ with a different Judge sitting bench, made the statement that I had no criminal record then convicted me after the prosecution declared that evidence had been brought forth that should clear the issue up, then suppressed the Order of Pardon which is in the Court Ledger, ( I can cite the exact Ledger and page which it can be found on!) Anyway, a gag order was issued and I was told if I make mention of the Pardon a mistrial would be declared, at that time I did not know what the result of this would be,nothing more than the Prosecution having to decide whether or not to persue the case with another trial and different charges. The point I am getting at is how can the court continue to hold charges against someone for a crime they allege/ what ever they choose to call it when the defendant has been given an order that does not stipulate no restriction. I have found laws that make this point, if the defendant is given a document and it does not exclude ones 2nd amendment rights, the Gov. is beyond the option to charge for possession. This case does not want to deal with these facts, and by doing this it is in violation of Fed. rule of evidence 402, 4th amendment, 6th,10th,14th,18USC921(20)(a) and a list of other infractions so long I can't list them at this time. Did I mention contempt of court? I say this because the Fed. Court is trying to force me to take a Plea for lesser charge in a stipulated trial, which if I did, I would be infringing on my wife's rights to possess, since the property belongs to her and it was confiscated from a vehicle registered in her name as well as mine, the firearms where in her name and she had them in the cab of a pickup for livestock protection purposes. One point that has me concerned is the prosecutions willingness to add a clause in the agreement for me to have possession of firearms for these purposes after I take the plea! If I am going to be allowed the right to possess after another conviction, then why do I not have the right before, which is in fact given according to law and as written on the 1984 court order in so many words in the order " rights be restored the same as though a Pardon had been issued"!

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