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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default 18 USC 922g Felon Firearms

    My question involves criminal records for the state of: NY

    I have a Quick question for you regarding possession of firearms and Federal Law.

    - I was convicted of two state felony class D dwi' in NY (in the 80s and early 90's.). Both originated with a 5 year probation
    - I violated probation on the 2nd state class D dwi felony in late 90's, and received a 1-3 year sentence in NY state prison.
    - I was released in after serving 51 weeks, and placed on parole for an additional year, which I completed without incident.

    Question:
    Am I prohibited from possessing a farearm under 18 USC 922g?
    -if so, is there any legal action I can take, i.e. expungement, to allow me to posses a firearm under federal law?,

    Thanks for your help..(ps..I don't drink any more!)

  2. #2
    Join Date
    Jun 2008
    Posts
    18

    Default Re: 18 USC 922g Felon Firearms

    Quote Quoting Mobicco
    View Post
    My question involves criminal records for the state of: NY

    I have a Quick question for you regarding possession of firearms and Federal Law.

    - I was convicted of two state felony class D dwi' in NY (in the 80s and early 90's.). Both originated with a 5 year probation
    - I violated probation on the 2nd state class D dwi felony in late 90's, and received a 1-3 year sentence in NY state prison.
    - I was released in after serving 51 weeks, and placed on parole for an additional year, which I completed without incident.

    Question:
    Am I prohibited from possessing a farearm under 18 USC 922g?
    -if so, is there any legal action I can take, i.e. expungement, to allow me to posses a firearm under federal law?,

    Thanks for your help..(ps..I don't drink any more!)
    It depends if your conviction was set a side, expunged, pardoned or if your three key civil rights (the right to sit on a jury, hold public office and vote) where restored. See 18 U.S.C. 921 (a) (20). Any one of those exemptions will qualify as long as the state doesn't prohibit you from possessing a firearm. Note however that if your civil rights were restored it must be all three of the key civil rights as noted. Having just one or two doesn't count. Some circuit courts of appeals such as the 5th circuit have held that a generalized restoration of civil rights will qualify. But as I stated you must also have firearm rights restored. See united States v. Dupaquier. Be very carefull when considering possessing a firearm because federal law can be extreamly harsh on felons who violate 922 (g) (1).

  3. #3
    Join Date
    Sep 2009
    Posts
    12

    Default Re: 18 USC 922g Felon Firearms

    Quote Quoting Mobicco
    View Post
    My question involves criminal records for the state of: NY

    I have a Quick question for you regarding possession of firearms and Federal Law.

    - I was convicted of two state felony class D dwi' in NY (in the 80s and early 90's.). Both originated with a 5 year probation
    - I violated probation on the 2nd state class D dwi felony in late 90's, and received a 1-3 year sentence in NY state prison.
    - I was released in after serving 51 weeks, and placed on parole for an additional year, which I completed without incident.

    Question:
    Am I prohibited from possessing a farearm under 18 USC 922g?
    -if so, is there any legal action I can take, i.e. expungement, to allow me to posses a firearm under federal law?,

    Thanks for your help..(ps..I don't drink any more!)
    Like every year they Re-Amend Federal laws for firearms and they get TOUGHER!Ask a lawyer first becasue you might be able to go back to court for different Clemency moves to restore all your rights-make sure its all your rights under State and Federal laws-you dont want to get jammed up with these laws period,you will need no convictions like a withold ajudication or set aside or a pardon to finalize the backround checks,very tough laws with penalitys I wouldnt play with them.I still recommend check with a lawyer on restoring all your gun rights Feds and State-after all works done he or she should get you a permit with no problem and you'll be having a rifle in your hands in no time and getting ready for sundown with falays of Deer strip just in time for Super ;-)

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