Can felons get their firearms rights back?

[Kirk Freeman]

Nah, he is asking because he is 13 and curious.

He is my oldest nephew's age so we take special care of him.

 

[GUNFIGHTER01]

Indiana has a restoration of right code. Wich means if its been 5 years and u have not been in trouble during that 5 years and have become a productive citizen u may go in front of a judge and ask for a restoration of ur 2nd amendment rights. It cost a friend of mine about $300 bucks and within 4 months he had permit to carry again.

 

[Hookeye]

Coworker volunteered time, clean for a long while, hasn't got rights back yet (soon though he says) and dropped 8K. He got a non violent felony and NEVER did time.

That probably why the high price now!

 

[Tactical Flannel]

Simple answer as you've already heard is yes.
With enough time and money anything is possible.
And it is also dependent on what the felony is and which specific aspects of firearm ownership/rights ( if not full restoration) the felon is after.

Stay safe

 

[NIFT]

Indiana has a restoration of right code. Wich means if its been 5 years and u have not been in trouble during that 5 years and have become a productive citizen u may go in front of a judge and ask for a restoration of ur 2nd amendment rights. It cost a friend of mine about $300 bucks and within 4 months he had permit to carry again.

Huh? I don't understand:

U (pronounced

/ˈjuː/, like YOU; spelled u, plural ues)[1][2] is the twenty-first letter in the ISO basic Latin alphabet and a vowel in the English alphabet.

Ur (Sumerian: Urim;[1] Sumerian Cuneiform: URIM2KI or URIM5KI;[2] Akkadian: Uru[3]) was an important city-state in ancient Sumer located at the site of modern Tell el-Muqayyar in Iraq's Dhi Qar Governorate.[4] Once a coastal city near the mouth of the Euphrates on the Persian Gulf, Ur is now well inland, south of the Euphrates on its right bank, 16 kilometres (9.9 mi) from Nasiriyah.

 

[GUNFIGHTER01]

Wow is all I'm gonna say!
Ok i lied, i guess someone didn't have anything better to do at 4 o'clock in the morning then pick on other people's post. Get a life man!!!

 

[fullmetaljesus]

Yahoo. Some legal sites

People still go to yahoo?

 

[DRob]

Amen

Wow is all I'm gonna say!
Ok i lied, i guess someone didn't have anything better to do at 4 o'clock in the morning then pick on other people's post. Get a life man!!!

Some folks have no life beyond the internet. If they can't find fault with the content, they will find fault with the form! It is what it is and it lives online.

 

[Timjoebillybob]

Indiana has a restoration of right code. Wich means if its been 5 years and u have not been in trouble during that 5 years and have become a productive citizen u may go in front of a judge and ask for a restoration of ur 2nd amendment rights. It cost a friend of mine about $300 bucks and within 4 months he had permit to carry again.

What is 300 dollar bucks? Is that the fee for taking certain size bucks on a private land guided hunt?

I'm just poking fun, but there was just a thread about this the other day. $300 or 300 dollars or even 300 bucks is acceptable. But combining them is improper.

But on a serious note, what is the IC for restoration of rights.

Wow is all I'm gonna say!
Ok I lied,I guess someone didn't have anything better to do at 4 o'clock in the morning then pick on other people's post. Get a life man!!!

It it better at 4 PM? I myself, for the most part don't care how you type. And I'm far from perfect in that regard. And I doubt the the poster that corrected you the first time does that much either. Otherwise either of us could of had a field day with it. I'm guessing he was just poking a bit of fun about your use of u and ur instead of you and your. ETA I just edited this post because I had a grammatical error in it.

But some people have a pet peeve about some things, including text speech in a forum post.

Some folks have no life beyond the internet. If they can't find fault with the content, they will find fault with the form! It is what it is and it lives online.

And some people just like to poke a little bit of innocent fun. And for some, somethings are a pet peeve that they have to correct.

 

[Mosinowner]

I started a fight? Sorry . Lol

 

[Alamo]

It depends on what level (state or federal) and which state, among other things....

Federal law allows a person convicted of a felony at the federal level to petition to get his rights back, specifically 2A...but there is an appropriation rider that has been voted into law every year for a decade or more that forbids the government to expend any funds processing such requests. So without a pardon or a reversal of the conviction, you are out of luck.

If a person is convicted of a pardon at the state level, federal law generally forbids gun ownership...unless the state has restored the person's gun rights.

States have varying policies on this. sometimes all rights are restored, sometimes only certain rights. Some times this is automatic, but a lot of times it requires some action on the part of the person, at least to get it recognized.

Texas state law allows a person convicted of a felony to possess firearms after a period of time (five years, I think) have passed since sentence was served (again, I think), but Texas law does NOT explicitly restore 2A or any other rights, so federal law still prohibits possession by this person.


Some states -- Michigan being one of them -- actually restore all of a convicted person's rights when they have completed their sentence. It is automatic, the person does not have other hoops to jump through.

This played a significant role in the only Gun-Free School Zone Act prosecution I know of that did not involve some other crime (i.e. drugs).

In US vs Tate, Federal prosecutors tried to convict Tate of being a felon in possession of a firearm and of illegally having a firearm in a school zone.

Tate had been convicted of felonies in Michigan (burglary IIRC), served his sentence. "By operation of law" all of his rights were restored when he completed his sentence.

Tate then moved to Alabaama and got a concealed handgun permit. Some kind of altercation happened in a school parking lot (I was never able to find out what) and the US District Attorney tried to convict him.

The prosecution argued that because of his felony convictions in Michigan, it was illegal for him to have a gun, and because he was close to the school, he violated the GFSZA.

The District (trial) Court dismissed the case because Michigan law automatically restored all his rights. I believe the Feds tried to argue that the law had to explicitly restore gun rights, but the court did not buy it. Michigan law said "all" so that's what counted.

The Court dismissed the GFSZA charge because the GFSZA has an exception for people carrying handguns under authority of a handgun permit issued by the state in which the school zone resides. The Feds tried to argue that a) he wasn't eligible because he was a felon (which was shot down by the previous argument) and b) because Alabama gun permits did not require a federal background check. The court ruled against the Feds on this too, saying the GFSZA did not require a federal background check, only that the person have a gun permit issued by the state in which the school zone resided.

The Feds appealed to the Circuit Appellate Court, but they lost there also, for the same reasons.

So it is possible for someone convicted of a felony to get his gun rights back, but as several have pointed out, it is best not to go there to begin with.

 

[mrobnoxious1]

In Indiana, after 5 years out of the system, probation, parole or incarceration, if no more arrests, rights restored. I had felony OWI and was issued LTCH recently. So I think Indiana is automatic

 

[JB357Mag]

In Indiana, after 5 years out of the system, probation, parole or incarceration, if no more arrests, rights restored. I had felony OWI and was issued LTCH recently. So I think Indiana is automatic

Yea but what about the NICS 4473 check?

I know old thread.

Jimmy

 

[NYFelon]

I'm not a resident of Indiana, but I should think they do an NICS check before they issue the LTCH, no? I'm pretty sure patrol cops can do an NICS from their in-car laptops.

 

[rooster]

There is currently a police officer in a small Indiana community that had some federal drug smuggling charges expunged at the trial level. So it has to be possible to get your rights reinstated.

 

[Ted]

In Indiana, after 5 years out of the system, probation, parole or incarceration, if no more arrests, rights restored. I had felony OWI and was issued LTCH recently. So I think Indiana is automatic

IC 35-47-4-7
Persons prohibited from possessing a firearm; restoration of right to possess a firearm
Sec. 7. (a) Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, or the restoration of the right to vote under IC 3-7-13-5, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm after the person's release from imprisonment or lawful detention.
(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person has committed a subsequent offense.
(c) The court may condition the restoration of a person's right to possess a firearm upon the person's satisfaction of specified conditions.
(d) If the court denies a petition for restoration of the right to possess a firearm, the person may not file a second or subsequent petition until one (1) year has elapsed after the filing of the most recent petition.
(e) A person has not been convicted of a crime of domestic violence for purposes of subsection (a) if the conviction has been expunged or if the person has been pardoned.
(f) The right to possess a firearm shall be restored to a person whose conviction is reversed on appeal or on postconviction review at the earlier of the following:
(1) At the time the prosecuting attorney states on the record that the charges that gave rise to the conviction will not be refiled.
(2) Ninety (90) days after the final disposition of the appeal or the postconviction proceeding.
As added by P.L.118-2007, SEC.37.

IC 35-47-4-5
Unlawful possession of firearm by serious violent felon
Sec. 5. (a) As used in this section, "serious violent felon" means a person who has been convicted of:
(1) committing a serious violent felony in:
(A) Indiana; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a serious violent felony; or
(2) attempting to commit or conspiring to commit a serious violent felony in:
(A) Indiana as provided under IC 35-41-5-1 or IC 35-41-5-2; or
(B) any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of attempting to commit or conspiring to commit a serious violent felony.
(b) As used in this section, "serious violent felony" means:
(1) murder (IC 35-42-1-1);
(2) voluntary manslaughter (IC 35-42-1-3);
(3) reckless homicide not committed by means of a vehicle (IC 35-42-1-5);
(4) battery as a:
(A) Class A felony (IC 35-42-2-1(a)(5));
(B) Class B felony (IC 35-42-2-1(a)(4)); or
(C) Class C felony (IC 35-42-2-1(a)(3));
(5) aggravated battery (IC 35-42-2-1.5);
(6) kidnapping (IC 35-42-3-2);
(7) criminal confinement (IC 35-42-3-3);
(8) rape (IC 35-42-4-1);
(9) criminal deviate conduct (IC 35-42-4-2);
(10) child molesting (IC 35-42-4-3);
(11) sexual battery as a Class C felony (IC 35-42-4-8);
(12) robbery (IC 35-42-5-1);
(13) carjacking (IC 35-42-5-2);
(14) arson as a Class A felony or Class B felony (IC 35-43-1-1(a));
(15) burglary as a Class A felony or Class B felony (IC 35-43-2-1);
(16) assisting a criminal as a Class C felony (IC 35-44.1-2-5);
(17) resisting law enforcement as a Class B felony or Class C felony (IC 35-44.1-3-1);
(18) escape as a Class B felony or Class C felony (IC 35-44.1-3-4);
(19) trafficking with an inmate as a Class C felony (IC 35-44.1-3-5);
(20) criminal gang intimidation (IC 35-45-9-4);
(21) stalking as a Class B felony or Class C felony (IC 35-45-10-5);
(22) incest (IC 35-46-1-3);
(23) dealing in or manufacturing cocaine or a narcotic drug (IC 35-48-4-1);
(24) dealing in methamphetamine (IC 35-48-4-1.1);
(25) dealing in a schedule I, II, or III controlled substance (IC 35-48-4-2);
(26) dealing in a schedule IV controlled substance (IC 35-48-4-3); or
(27) dealing in a schedule V controlled substance (IC 35-48-4-4).
(c) A serious violent felon who knowingly or intentionally possesses a firearm commits unlawful possession of a firearm by a serious violent felon, a Class B felony.
As added by P.L.247-1999, SEC.1. Amended by P.L.14-2000, SEC.76; P.L.17-2001, SEC.17; P.L.222-2001, SEC.5; P.L.151-2006, SEC.21; P.L.126-2012, SEC.58.

 

[JB357Mag]

I dont see anything there that addresses a Class D felony DUI with
no injurys or victim.

I would have been better off beating the crap out of somebody.

Jimmy

 

[NYFelon]

I dont see anything there that addresses a Class D felony DUI with
no injurys or victim.

I would have been better off beating the crap out of somebody.

Jimmy

Not in NY you wouldn't.

Ask me how I know.

 

[DanoFortWayne]

I realize this is a very old thread but its right in line with a question I have.

I have never had a DUI OUI or anything like that but a Felony Driving While Suspended (after lots of misdemeanor driving while suspended's yes I know stupid kid at the time) this was well over 10 years ago getting closer to 15. At the time I did 30 days of home detention and or course lost my license for life, although I understand since its been 10 years I could possibly get it back now, I work from home and don't really care about it that much.

What I do care about is that I have an 11 year old who is interested in shooting and frankly I miss it too. I gave all of my guns to my father when I got the DWS my question is what do I have to do to get my gun rights back does anyone know?

I have never assaulted anyone never stolen anything, I was a stupid kid with a lead foot that's it.

Someone above mentioned they had a OWI and was able to get a permit what did you have to do?

One last thing I have tried calling the state police post at 317-232-8200 and they have never answered, I saw this number on a website about restoring gun rights. Is there another number to call? Why are they not answering that seems weird.

 

[92ThoStro]

There is the below, in the IC, but I did not see anything about petitioning for 2nd amendment rights for anything other than domestic violence. I did see that you can get your right to vote, and serve on a jury back though.

Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm. In determining whether to restore the person's right to possess a firearm, the court shall consider the following factors:
(1) Whether the person has been subject to:
(A) a protective order;
(B) a no contact order;
(C) a workplace violence restraining order; or
(D) any other court order that prohibits the person from possessing a firearm.
(2) Whether the person has successfully completed a substance abuse program, if applicable.
(3) Whether the person has successfully completed a parenting class, if applicable.
(4) Whether the person still presents a threat to the victim of the crime.
(5) Whether there is any other reason why the person should not possess a firearm, including whether the person failed to satisfy a specified condition under subsection (c) or whether the person

You can try petitioning the federal government.

As stated above in this thread, the ATF was defunded, so they no longer can approve your rights being restored. But...

"Any person whose application for relief from disabilities is denied by [ATF] may file a petition with the United States district court for the district in which he resides for a judicial review of such denial," according to the original law. "The court may in its discretion admit additional evidence where failure to do so would result in a miscarriage of justice."

Applicants argued that, because ATF was no longer conducting the legally required reviews of their applications, the secretary of the treasury had, by default, denied their applications, making them eligible for judicial review.

Supreme Court Considers Case

Tuesday, the U.S. Supreme Court agreed to hear a case regarding whether that judicial review is legal.

Read more...

Felons Want Second Amendment Rights Restored

So obviously, it's not going to be easy...

Unless you can get the felony converted to a misdemeanor, which is by far going to be your best chance. I don't know what class your felony is for DWS, but if it's a class D, you can try to get them to make it a class A misdemeanor.

Does Guy Relford take these cases?