ExpertLaw.com Forums

How Can I Restore My Gun Rights

Printable View

  • 11-19-2008, 03:02 AM
    ritt35
    How Can I Restore My Gun Rights
    My question involves civil rights in the State of: my civil rights has been restored already but i want to own a gun ? i live in the state of Florida, i have 2 forgeries of checks which are felonies and 2 petty theft which are misdemeanors, i was on probation and did every day and have not been in trouble since that was about 5 years ago, they restored my right to vote but please tell me how to restore my gun rights and if i can ?? lead me in the right direction
  • 11-19-2008, 08:43 AM
    ritt35
    State of Florida Pardons and Can I Get a Firearm
    My question involves expungements or pardons for the state of: florida , ive only been in trouble one time 5 years ago,i have 2 felonies uttering a forged instrument (forgery), i never did any jail time was on 2 years probation, did all parts of probation,adjudication wasnt withheld, one year after i got off probation i recieved a letter my civil rights was restored, i can vote now but missed place the letter, do i have the right to get a gun or do i need to file for a pardon,if so could someone tell me how that works,another question if i go and try to buy a firearm and fill out the application and im turned down because of my felonies can i get in trouble,i guess i want to know how do i find out for sure if i can get a fire arm, any help would be great thanks
  • 11-19-2008, 02:20 PM
    M'sta Mikey
    Re: How Can I Restore My Gun Rights
    With two felony convictions, you are barred by Federal law from ever owning/possessing/transporting a firearm.
  • 11-19-2008, 02:28 PM
    blueeagle
    Re: How Can I Restore My Gun Rights
    How in the hell did you get your right to vote restored in Florida? Florida's laws have been judge as some of the most draconian in the nation. The reprecutions for a single felony conviction usually results in a lifetime loss of liberty.

    Anyhow, you would probably need a Governors pardon in order to carry a weapon again. Good luck getting Jeb Bush to issue a pardon. :)
  • 11-19-2008, 02:30 PM
    blueeagle
    Re: How Can I Restore My Gun Rights
    Quote:

    Quoting M'sta Mikey
    View Post
    With two felony convictions, you are barred by Federal law from ever owning/possessing/transporting a firearm.

    Not necessarily true. Texas restores the right to bear arms 5 years after a felon pays his dues. I'm not sure if it's automatic, or if there is a process the felon must go through?
  • 11-19-2008, 04:00 PM
    ritt35
    Re: How Can I Restore My Gun Rights
    thanks for the info i found the website and the info i needed under my Florida.com,i have to fill out the paper work for a pardon, and as far as my civil rights they automatically gave them back to me one year after i got off probation ,dont know why but i guess maybe because i had never been in trouble before and i did all my probation and paid all fines off early and to tell the truth i never should of took their plea deal because it had to do with a family member the forgery and i wasnt guilty but was fixing to give birth and didnt want to have to worry about the court date so took the plea of probation, and also jeb bush is not our governor any more it is charlie Christ,i just found this website and thought i would give it a try, thanks to all
  • 11-19-2008, 04:04 PM
    ritt35
    Re: State of Florida Pardons and Can I Get a Firearm
    i found out the answers i was looking for, my florida.com i have to ask for a pardon, thanks any how
  • 11-19-2008, 04:35 PM
    M'sta Mikey
    Re: How Can I Restore My Gun Rights
    Quote:

    Not necessarily true. Texas restores the right to bear arms 5 years after a felon pays his dues.
    That may be true. However, state law does not superceed federal law:

    Quote:

    Federal law prohibits firearm possession following ANY state or felony conviction even if the sentence was suspended. State law is less restrictive to some degree but the distinctions are immaterial at this point since the federal criminal sanctions apply across the board.
    Now if he were to receive a pardon...
  • 11-19-2008, 05:45 PM
    Mr. Knowitall
    Re: How Can I Restore My Gun Rights
    Here, federal law does in no small part follow state law. If the state in which you're convicted fully restores your rights (as defined by federal law) then your prior felony record from that state doesn't trigger the federal prohibition. This can become ridiculously complicated to figure out, such as in Michigan where the restriction on felons serving on juries prevents their ever being able to possess firearms under federal law, even if Michigan has restored their state firearms rights.
  • 11-19-2008, 06:19 PM
    M'sta Mikey
    Re: How Can I Restore My Gun Rights
    And from what I've researched, please correct me if I'm wrong, Michigan is the only state which has no federal firearm law restrictions as long as all terms of the convicted individuals (misdemeanor) sentence have been completed successfully and expungement granted, again with no state judicial specified firearm restrictions.

    United States v Wegrzyn, 305 F3d 593 (CA6, 2002).
  • 11-19-2008, 06:46 PM
    aaron
    Re: How Can I Restore My Gun Rights
    We're discussing felony convictions, though.
All times are GMT -7. The time now is 11:25 AM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved