Felon Gun Ownership

[GH1]

I know there's a procedure that will allow for convicted felons to have their gun rights reinstated, does anyone know where I can find information on such things?
GH1

[gypsyman]

I think it vary's by state. Some state's will not let any kind of felon have the right to own a firearm. Others will, have to check with the state's code. gypsyman

[Goatwhiskers]

Basically you have to get a judge to expunge your record and restore your rights by judicial order.  Can be done, but you probably have to find a liberal judge.  Goatwhiskers

[no guns here]

Ohhh wait, "find a liberal judge".  No that would be next to impossible in America right?  But a liberal judge wouldn't restore someone their gun rights... but a conservative judge might not restore any rights.  Wow... sounds like your only chance would be to find a liberal-conservative judge or maybe a gun-loving social liberal judge.
 
Basically, you're probably screwed.
 
 
NGH

[Old Fart]

Check with your state's Attorney General's office.
 

[jlwilliams]

Basically you have to get a judge to expunge your record and restore your rights by judicial order.  Can be done, but you probably have to find a liberal judge.  Goatwhiskers

  It has nothing to do with the Judge's political or philosophical leanings.  Each state has guidelines or actual statute laws establishing criminal record expungement.  You go before the judge, they hear the facts and 'judge' if your tale fits the bill.  Their opinion of you is irelevant. 
 
 For example, in RI (where I spent most of my life, so I know their system better than I do my current home state's) you can get a criminal record expunged after a period of time if it's an isolated incident.  There may also be a guideline as to some types of crime not being expungeable.  There is also a provision that when one aplies for the expungement, that request is sent to the arresting agency, giving them the option of apearing in court at the expungement hearing to contest it if they see fit.  I'm a little shakey on the finer points, but that's what I remember from when a friend had a stupid thing from when he was 18 years old expunged after a decade of trouble free living.
 
  Your best bet if you or someone you know is a good person with a youthful indiscression preventing him from duck hunting is to call a lawyer and set up a meeting.  generally, the first meeting is free and they can tell you if what you want to do is possable and how much time and money is involved.  Looking on the State AG's sight may be a good starting point, but a practicing attorney will know the ins and outs of how it really works and be able to explain that better than the paragrah on the AG's web page.
 
  Don't be discouraged.  You don't need a sympathetic judge (you have no controll over who is at the bench the day you get there).  You need to know the rules and know how your situation fit's the guidelines.

[briarpatch]

It seems to be how well connected you are. I know a guy here in Florida who has been trying for years. He has a lot of money in attorney fees. Written numerous letters and still dont have his rights restored.
According to him his problem arose when his wife said he hit her during a divorce. Dont know. His story.
I think, what I understand from him is the Governor has to make the final move.
What ever the reasons are, what ever the situation... It dont look easy. I will bet you all the rich political bastards dont have the problem.

[Ranch13]

As already mentioned, it will depend on your states laws of that, it will depend alot on what "felony" was committed, and it will depend alot on how well the case is presented to the judge by the attorney, and which side of the bed the judge got up on.
 I know one guy that tried it, wasn't anything but a domestic dispute that noone got hurt in, and it's cost him something along the lines of 15K$ and I don't think he got his rights restored yet.The judge in the original case didn't like the locked wooden door on the gun cabinet,,, called it irresponsible gun ownership..

[bobg]

  I don't know anything about other states but the state of NY sucks. I was charged with a felony. The state troopers broke into my house and took all of my guns. After $8,000 in lawyer fees the felony charges were dropped. All of my long guns were given back but my pistol permit was revoked. I was told they had to be picked up by a dealer or they would be destroyed in 30 days. Lost $ 3,000 on that deal.  

[GH1]

Thanks for all the answers everyone, it sounds like a tough row to hoe. As is usally the case with our legal sysem, it seems large sums of money will probably be involved, and it sure doesn't help that the fellow involved lives in IL. Nevertheless, I'll do a little bit of research on his behalf, if I find anything out I'll post the results.
GH1

[blind ear]

Learn to shoot a bow. Recurve instinct preferably. Work in the dark. ear

[Old Fart]

For what it's worth......
 
We had a student here who had spent time in the federal pen. He was a member of a large nationwide biker gang/club. He got busted for something one of his buddies did. By the gang code he kept his mouth shut and did the time rather than turn state's evidence against his co-member. When his time was up he "outed" himself from the club. They let him walk from the gang. Some kind of honor thing. Anyway fast forward to a year later he decided he wanted to improve himself. He enrolled in the CNC program here at the school. He did quite well and manged to get a job at the local AFB. Over a period of a few years with reccommendations from his new boss and his instructors here he was able to get his record cleared. I don't know all the specifics, but the point is it can be done. We were all pretty proud of this guy, mostly because he was a best case scenario of rehabilitation. Unfortunately he's probably only one in a hundred that do this.

[GH1]

Learn to shoot a bow. Recurve instinct preferably. Work in the dark. ear

Hmm, that's interesting. Are felons allowed to have bows?
GH1

[Fred McIntire]

I think the bigger stumbling block will come under the FEDERAL Brady law.

Fred

[briarpatch]

I may be wrong but I think you can use a black powder gun. Have him check it.

[jlwilliams]

Learn to shoot a bow. Recurve instinct preferably. Work in the dark. ear

Hmm, that's interesting. Are felons allowed to have bows?
GH1

  At least under the Fed guidelines, yes.  Also can own airguns and muzzle loaders because they aren't considered 'firearms' by the fed law definition.  Many states specificaly prohibit convicted felons from owning some 'non firearms' but I don't know of any that prohibit archery.  So, a felon isn't completely out of hunting if he's so inclined.  A felon looking to get a Hawkins would do well to thoroughly check into his state's laws, but there is nothing in the fed rules keeping him from buying one.
 
  Old Fart.  Great post.  It's good to hear a story about a young person getting from a bad place to a good one through hard work.
 
   As I understand it, it's not uncommon for a member of a bike 'club' to quit without repercussions if he leaves in good standing.  Your aquaintance left after doing what they would consider the right thing of doing the time without talking as oposed to trying to leave because he (for example) owed other members money.  Point being, the OLMGs are not like the Mafia where the only departure is the final departure.
 
  The only expungement case I know details of (aluded to in my first post) went smooth and without great legal bills.  The person filed a motion, made his apearance before the judge, and walked out with a cleaned record and restored rights.  Again, his crime was an isolated incident of youthful stupidity in the first degree.

[30-30man]

The main reason a person needs to try to get this done is if they ever lose their job.  Jobs are very hard to find in this economy and if you are a felon, you stand a slim chance to say the least.That would be my main concern if I did something stupid 20-30 years ago.  I don't think a person should pay their entire lives for something they did in their youth and it was a one time thing.  If gun ownership was my only reason, I would stick to what I can have.  Clearing a record can be time consuming and expensive if a lawyer is involved. Why not stick with a muzzleloader, they are about as accurate as rifles now at 100 yards?  I can count on one hand how many shots I've had on deer beyond that.  Three pellets and a 50cal slug will drop anything on the planet.

[45-70.gov]

I may be wrong but I think you can use a black powder gun. Have him check it.

not  in  florida.....but  i may be wrong there
bow  is  ok   here  i think


in  illinois  do you have to register your black powder guns??


http://forum.freeadvice.com/other-crimes-federal-state-4/florida-law-respect-felons-black-powder-guns-541455.html
http://forum.freeadvice.com/other-crimes-federal-state-4/florida-law-respect-felons-black-powder-guns-541455.html
did some research.....more  confused  now


i hope your friend in illinois  doesn't own a 22  air gun....read this
http://www.isp.state.il.us/foid/firearmsfaq.cfm
Firearm" means any device, by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas; excluding however:(1) any pneumatic gun, spring gun, paint ball gun or B-B gun which either expels a single globular projectile not exceeding .18 inch in diameter and which has a maximum muzzle velocity of less than 700 feet per second or breakable paint balls containing washable marking colors;(2) any device used exclusively for signalling or safety and required or recommended by the United States Coast Guard or the Interstate Commerce Commission;(3) any device used exclusively for the firing of stud cartridges, explosive rivets or similar industrial ammunition; and(4) an antique firearm (other than a machine-gun) which, although designed as a weapon, the Department of State Police finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.

Yes. In Illinois, muzzleloaders and blackpowder guns are considered firearms.

[GH1]

Thanks for the post, 45-70. I'm not surprised IL considers black powder weapons to be firearms, in fact I'm surprised more states don't.
I'll be seeing my buddy over Thanksgiving, I'll mention to him the ossibility of bowhunting, see if he's interested.
Thanks for all the input everybody.
GH1

[Pat/Rick]

BP arms are a state law/issue as well. WA state does not allow felons to own BP arms. Archery is okay.

[briarpatch]

 Can a Felon Possess a Firearm in Florida?
 May 4, 2009
 
 Posted In:  Firearms Case Law ,  Florida - Gun Trust Lawyer
 By David M. Goldman on May 4, 2009 8:50 AM | Permalink
At first glance, Florida has a funny quirk with the way firearms are defined that allows a Felon to possess certain firearms that are not defined as firearms under Florida law.  Upon further investigation, the federal law also exempts antique firearms from the definition of a firearm.  I was recently asked if a convicted felon could possess a black powder gun for hunting in the state of Florida. The answer to this question depends on the gun itself. 
 
Florida Statutes 790.001(6) defines a Firearm as as any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun. The term "firearm" does not include an antique firearm unless the antique firearm is used in the commission of a crime.
 
Florida Statutes 790.001(1) defines an Antique Firearm as any firearm manufactured in or before 1918 (including any matchlock, flintlock, percussion cap, or similar early type of ignition system) or replica thereof, whether actually manufactured before or after the year 1918, and also any firearm using fixed ammunition manufactured in or before 1918, for which ammunition is no longer manufactured in the United States and is not readily available in the ordinary channels of commercial trade.
So it would appear that a Felon could own certain black powder guns in Florida as long as the firearm was not used in the commission of a crime.  There has even been some case law dealing with black powder firearms owned by a felon.
 
In 2005, Florida's 5th DCA, affirmed the lower courts ruling that David Bostic, a convicted felon, had violated the law by being in possession of a firearm.  Bostic had claimed that his black powder firearm was an antique firearm and thus exempt from the restrictions place upon him.  The court agreed that he was able to own an antique firearm but disagreed that his firearm was an antique.  The court stated that Florida case law defines replica as a reasonably exact reproduction of the object involved that, when viewed causes the person to see substantially the same object as the original. The DCA found that Bostic's gun was not a replica because the original did not have a fiber optic sight that was present on his gun.  The court also stated that merely having an ignition system similar to that found on an antique firearm is not sufficient to render a firearm a "replica" of a firearm manufactured in or before 1918.
 
In Williams, the Florida Supreme Court in dicta dealing with the concealment of an antique firearms states that the result of such an interpretation to allow convicted felons to be in possession of antique firearms is absurd.  And that a basic tenet of statutory construction is to not yield an absurd result.
 
While these two cases seem to contradict each other, both courts find a reason to deny the felon possession of an antique firearm.  There are no cases which state approve the possession of an antique firearm by a felon.
 
This topic was also covered on the Jacksonville Criminal Defense Lawyer Blog by Cynthia Veintemillas a Florida Criminal Lawyer
Categories:
Firearms Case Law,
Florida - Gun Trust Lawyer
 
Posted by David M. Goldman | Permalink | Email This Post
 
 Posted In:  Firearms Case Law ,  Florida - Gun Trust Lawyer