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  1. #1
    Join Date
    Jul 2006
    Posts
    1

    Unhappy Firearms Rights and a Domestic Violence Conviction

    In 2002 I plead out on a two charges of A & B against a family member in VA.(even though not guilty) as I was offered to serve one day in county jail and then be released. So I took it as I was despreate to get away from my (now) ex-wife.

    I now have (as we all know) on my record. I am now and have been since the day after being released from jail living in Illinois. I have not had any instances with the law since then other than one traffic ticket.

    Now that you have a little bit of history about my situation, here is my question. Will I be able to ever possess a firearm again in my lifetime? Being that I am here in Illinois I have just a month or so ago applied for the F.O.I.D. card (which I think is useless) since the criminals do not apply for them!

    On the form for the F.O.I.D. card there are two questions that make me think that I might be able to apply again when my 5 year conviction date is up and here they are for you to look at:

    7. Within the past 5 years, have you been convicted of battery, assault, aggravated assault, violation of
    an order of protection, or a substantially similar offense in which a firearm was used or possessed? .

    8. Have you ever been convicted of domestic battery or substantially similar offense (misdemeanor or felony)?

    With this information now can anyone give me a glimps of daylight that I will be able to get my right to bear arms back? I appreciate any and all help rendered!!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Firearms Rights and a Domestic Violence Conviction

    I'm finding a big mess. You can get a restoration of your civil rights (other than firearms rights) in Virginia, and then get a pardon in Virginia, but even that doesn't restore firearms rights. For that you would need a special order from a judge in the county where you are living... in Virginia. Illinois will apparently recognize a foreign pardon or expungement as restoring firearms rights unless the pardon or expungement expressly states that firearms rights are not restored, but I have no idea what Virginia pardons or rights restorations orders may state in that regard, and I suspect that they do exclude firearms rights. Also, while the federal government would recognize Virginia's restoration (by court order) as removing the federal bar on your possession of a firearm, even if Illinois accepted a Virginia order which did not restore firearms right the federal authorities would not.

    I guess I would start by suggesting that you contact a lawyer in Virginia to explore the possibility of getting your firearms rights restored without your living in that state. Then confirm with Illinois that the order is sufficient, or take whatever additional steps are required in Illinois to be sure that you are in compliance with that state's laws.

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