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Civil Rights Restoration After Felony

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  • 05-24-2013, 09:30 PM
    sbusby
    Civil Rights Restoration After Felony
    My question involves criminal records for the state of: Idaho

    My question has to do with legality of owning or being in possession of a firearm. I wish nothing more than to go hunting with my nephew, but of course, I don't want any charges against me.

    Before I posted this, I have tried to do my research, but as I'm not a lawyer, I'm lost :) I plead guilty to burglary 5 years ago. I successfully completed probation without incident. I never went to prison, but I did go to jail for 15 days. I had a hearing on 5/17/2013 to have my charges dismissed. The judge granted my dismissal under Idaho Code 19-2604 . This code states: "The final dismissal of the case as herein provided shall have the effect of restoring the defendant to his civil rights."

    My order specifically states:
    - The Judgment of Conviction is set aside
    - The case is dismissed
    - The Defendant is Discharged

    Also; Idaho Code18-3316(4) states: Subsection (1) of this section shall not apply to a person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure by the jurisdiction where the felony conviction occurred; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law.

    So, I'm thinking everything is fine until I read Statue 18-310. My crime is listed under 18-310(2)e. 18-310(2) states all civil rights will be restored, except those listed (a) through (jj). But at the top of the statue, it states at the top this is for Imprisonment, which I tried to define Idaho's imprisonment and found 18-111.

    I asked my defense lawyer if all my civil rights were restored. This was his response;

    The Judge did remove the specific references to civil rights that we included in the proposed Order, although restoration of your rights is implied because you are no longer a convicted felon. Pursuant to I.C. 18-2604(1) (http://legislature.idaho.gov/idstat/...ECT19-2604.htm ), which the Judge did cite, “The final dismissal of the case as herein provided shall have the effect of restoring the defendant to his civil rights.”
    Also, under I.C. 18-3316(4) (http://legislature.idaho.gov/idstat/...ECT18-3316.htm), “Subsection (1) of this section shall not apply to a person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedure by the jurisdiction where the felony conviction occurred; or whose civil right to bear arms either specifically or in combination with other civil rights has been restored by any other provision of Idaho law.”

    No mention of 18-310.

    My question is;

    1) Does 18-310 apply to me?
    2) Are all my civil rights restored? Including firearms, or is it a partial rights restoration?
    3) Does the federal firearm rights respect Idaho's civil rights restoration?
    4) If this was signed by the judge on 5/23/2013 and I am legal to own a firearm. How quickly does the NCIS get updated?

    Thank you so much for your help in advanced.
  • 05-24-2013, 10:18 PM
    Disagreeable
    Re: Civil Rights Restoration After Felony
    This is more about Federal law, than state law. According to the Feds, you need to contact the Atty. General for specific relief.
    http://www.atf.gov/firearms/faq/gene...irearms-relief
  • 05-25-2013, 11:15 PM
    Mr. Knowitall
    Re: Civil Rights Restoration After Felony
    My inference is that your lawyer didn't mention a statute pertaining to a "sentence of custody to the Idaho state board of correction" because you did your time at the county level without being placed in the custody of the state board of correction. As we have no access to your case history or court file, I suggest that you ask him.
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