Can felons get their firearms rights back?

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  • Mosinowner

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    Aug 1, 2011
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    So the brady handgun protection act says that felons cannot own firearms. I don't know any felons nor am I a felon. I was wondering since I've seem all these sites online that say felons can get their firearms and all other rights back is this true?
     

    jamstutz

    Sharpshooter
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    Sep 9, 2008
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    Berne
    I remember several years ago I had friend who applied for "relief from disability" imposed by a felony conviction. It involved about a year of paperwork and legal assistance that cost several thousands of dollars. He was successful with the assistance and recommendations of the local chief of police and the circuit court judge. There was a specific office of the justice department that handled relief cases at that time, but it is my understanding that this office was defunded during the first Clinton administration. :twocents:
     

    DoggyDaddy

    Grandmaster
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    Aug 18, 2011
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    Southside Indy
    I know that criminal records can be expunged, but not sure if that applies to felons. It's my understanding that it's not a cheap or quick process to go through. :dunno:
     

    Indyvet

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    Mar 28, 2009
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    We had a customer awhile back who was denied a firearm purchase. Turned out he was a convicted felon from dui's from about 20 years ago. He had straightened his life out, quit drinking, started a business, and all that good stuff. He hired an attorney and after several months and lots of money, the courts took his situation into account, saw he had stayed out of trouble for many years and had become a model citizen. They restored his gun rights. He came back after everything was finalized, purchased a firearm and passed the background check. So, it can be done.
     

    canav844

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    Jun 22, 2011
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    1. Expungment, which usually requires taking legal action and a significant amount of time from the offense. The nature of the felony can play a big part in this as well, mostly DUIs, it's going to be a much harder case to make if it's a violent act or major drug charge to say you can have access to firearms again

    2. Pardon, going through the governor or presidents office.

    Either way, I'd recommend not having to go that way in the first place.
     

    PastorBlaster

    Marksman
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    Oct 21, 2011
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    Wabash
    I know a man starting the process right now to have an old felony (non-violent) expunged. The lawyer he talked to said that there was a good chance of expunging the records here in IN so he could get his rights back, but far less chance anywhere else in the country.
     

    ViperJock

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    Feb 28, 2011
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    Fort Wayne-ish
    So the brady handgun protection act says that felons cannot own firearms. I don't know any felons nor am I a felon. I was wondering since I've seem all these sites online that say felons can get their firearms and all other rights back is this true?

    Its all about gun banning with you, eh? Well, my advice on this one--DON'T BECOME A FELON! :D
     

    marshallartist

    Marksman
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    May 8, 2008
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    Brownsburg
    We had a customer awhile back who was denied a firearm purchase. Turned out he was a convicted felon from dui's from about 20 years ago. He had straightened his life out, quit drinking, started a business, and all that good stuff. He hired an attorney and after several months and lots of money, the courts took his situation into account, saw he had stayed out of trouble for many years and had become a model citizen. They restored his gun rights. He came back after everything was finalized, purchased a firearm and passed the background check. So, it can be done.

    I've heard stories like this before. They usually involve the person going before a judge many years later and admitting that they were a dip $#!% in their youth. Weren't we all though?
     

    whocares

    Shooter
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    Nov 9, 2010
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    Clarksville, IN.
    There are many variables

    A felon can have cerrtain rights like the right to vote or bare arms. There are big issues like minimum time as in seven years and the nature of conviction. Drug dealers may without further legal issue be eligible after so many years and a lawyer with judicial approval be eligible for such expungements, however a violent crime may never be expunfed and will take much longer than seven years if at all. The nature of conviction is a very important factor.
     

    Kirk Freeman

    Grandmaster
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    Mar 9, 2008
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    Lafayette, Indiana
    Criminal cases can be expunged under Indiana law under certain circumstances:

    1. A vacation of the conviction by the Indiana Court of Appeals or the Supreme Court.

    2. A Petition for Post Conviction Relief (like a civil suit against the state saying your civil rights were violated).

    3. A pardon.

    4. A finding by the trial court that there was no probable cause to file the case.
     

    Kirk Freeman

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    Mar 9, 2008
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    Lafayette, Indiana
    once you get your stuf expunged , you have to apply to get your rights back..... basically money money

    You have to apply? I do not understand but what you mean, could you please elaborate on this?

    Money, money? Well, it depends, after obtaining pardons, which are flat fee, I usually do the expungement for free. Depend if it is flat fee or per hour.

    If it is an expungement from a Court of Appeals or Supreme Court decision (or even trial court), another fee is usually in order but that it detailed in the contract.
     

    Mackey

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    7   0   0
    Nov 4, 2011
    3,282
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    interwebs
    So the brady handgun protection act says that felons cannot own firearms. I don't know any felons nor am I a felon. I was wondering since I've seem all these sites online that say felons can get their firearms and all other rights back is this true?

    Good question. But are you asking because you're considering going over to the dark side??
     
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