Restoring gun rights

[rapaport]

What do you guys think about restoring gun rights back to a person that had 3 D felonies but had the felonies reduced to 3 A misdemeanors and none of those convictions are violent. So basically the person did some stupid stuff when younger and over a decade later looks back and realize how childish those things where and now is straight as an arrow and not even a single speeding ticket since. I think we all have done something that would have got us in trouble at least a couple of times but fortunatly got lucky and not got caught. Lets be open minded and slow to answer and think about what you have done and if this was your shoes. Very courious what answers we get. Remember this is about restoring our "RIGHT" to bear arms, which is part of the consitution that americans believe in.

I read that even if the sentence carried more than a year of possible prison time will restrict a person getting back their rights. There are many misdemeanors that are non violent, and just plain stupid stuff many people have done, that carry more than one year of possible prison even multipul years. I think that rule should change since it does not make clear if its for certain misdemeanors. It just sounds like for anything even non violent.

 

[remauto1187]

If there was a plea agreement and felonies were reduced to misdemeanors then the person has been convicted of misdemeanors...not felonies.

Im not sure about Indiana but to have a Felony in Illinois and the only way to get it removed from your record (Expunged) is to get a Governors Pardon & Expungement. I've done it and i filed it in jan. 2006 and got the pardon and expungement in my mailbox signed by Governor Quinn Nov 2011.
I had an Illinois FOID card since 1995 because I appealed the denial because of my non-violent Felony and the State actually went along with it and restored my rights. The main problem is that it puts you in a very gray area when out of state with a firearm. Illinois restored my right but no other state did. I was able to buy firearms in other states and filled out a 4473 and always got a "proceed" though.

 

[The Keymaster]

If the felonies were reduced to misdemeanors, then you technically have no felonies on your record. Apply for a UPIN, send them the court documentation to prove that the felonies were reduced, along with all the other documentation that is required.

You will need the UPIN because you will be delayed or denied every time you try to make a purchase without it. The privacy act keeps NICS from retaining information unless you get a UPIN which allows them to do so. By providing NICS with your UPIN they have access to all your records.

 

[Ronald]

A "prohibited person" may not possess or receive firearms or ammunition. Federal law considers one a "prohibited person" if he or she has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. The same is true for one who has been convicted of a misdemeanor crime of domestic violence. See 18 U.S.C. 922(g) and (n), and 27 CFR 478.32 for the full text of the law and associated regulation.

However, the term "crime punishable by imprisonment for a term exceeding one year ... does not include any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less." See 18 U.S.C. 921(a)(20)(B).

 

[rapaport]

So basically denials are based off of felonies and or violent misdemeanors only? So if the reduced felonies, even though they are three from two different events, there should be no denial? What about the law saying "or a conviction that carries a year and a half or more"? There are non violent misdemeanors that can put someon away for over a year and a half.

 

[sepe]

I would have no problem with a violent felon that served their time and was deemed able to be released back into society having 2A rights. That sentence right there will probably give a few members here a stroke because we've got members that think others should be restricted simply if they don't fit WHO they think should have guns.

 

[agrizz]

Sorry for bumping an old thread, but I came across this while browsing IN gun laws.

I happen to be in this situation. In 2001 I was convicted of a non-violent misdemeanor. After the conviction, I had no issues purchasing guns for about three years. However, I was denied a few years later because of the "punishable by one year or more" policy. This was 8-9 years ago and I have not tried to purchase since.

With the world being such a crazy place these days, and me being a family man, I would now like to legally carry for my own protection. Can anyone tell me how to go about re-establishing my civil rights to own a firearm? I have heard that there is a 10 year time and rights are reinstated automatically... is this true?

Thanks in advance for any help

Adam

 

[MikeDVB]

If you were convicted of a misdemeanor you can carry. If you were convicted of a felony you cannot.

In Indiana I do not believe there to be any misdemeanors with punishment longer than a year so if your punishment was longer than a year, you are a felon. -> http://www.ai.org/legislative/ic/code/title35/ar50/ch3.html

I do believe it to be that simple, but others will surely clarify.

 

[Hogwylde]

Sometimes, there are things that you do that affect you for the rest of your life......like it or not.

Getting someone pregnant is something that affects you for the rest of your life.

Committing a crime is something that affects you for the rest of your life.

Even if you were young and stupid..........didn't know better.......never had the opportunity.........etc. The decisions you make and the actions you take are accountable. Just because you are "sorry" now and have been good and upstanding doesn't erase those mistakes of the past.

 

[Constructionist]

Even if you were young and stupid..........didn't know better.......never had the opportunity.........etc. The decisions you make and the actions you take are accountable. Just because you are "sorry" now and have been good and upstanding doesn't erase those mistakes of the past.

So you're saying people can't learn from their mistakes? That because of a youthful indiscretion or single poor choice they should be punished the rest of their lives? I'm not trying to be argumentative, I'm just curious if this is how you actually feel about the situation. It seems a bit harsh to say to someone they must pay a de facto lifetime penalty for a single mistake.

 

[Hogwylde]

So you're saying people can't learn from their mistakes? That because of a youthful indiscretion or single poor choice they should be punished the rest of their lives? I'm not trying to be argumentative, I'm just curious if this is how you actually feel about the situation. It seems a bit harsh to say to someone they must pay a de facto lifetime penalty for a single mistake.

I'm saying that even if you learn you lesson and you are sorry and you have learned from your mistakes..........there are SOME things that will follow you and affect your life for the rest of your life.......like it or not.

I didn't say it was right. I didn't say that people should be punished for the rest of there lives. I'm saying that no matter what, there are SOME things that you can't put behind you and forget ever happened. Whether they be things that no one will LET your forget, things that society won't let you forget/forgive you for, or a life that you brought into this world that you can't just pretend never happened.

Al Capone was never convicted of anything more serious than Tax Evasion........a "non violent" offense. Do I think he should have had his gun rights restored? No. Just because your offense was "non violent" doesn't mean you are a proper person now.

 

[Ronald]

Sorry for bumping an old thread, but I came across this while browsing IN gun laws.

I happen to be in this situation. In 2001 I was convicted of a non-violent misdemeanor. After the conviction, I had no issues purchasing guns for about three years. However, I was denied a few years later because of the "punishable by one year or more" policy. This was 8-9 years ago and I have not tried to purchase since.

With the world being such a crazy place these days, and me being a family man, I would now like to legally carry for my own protection. Can anyone tell me how to go about re-establishing my civil rights to own a firearm? I have heard that there is a 10 year time and rights are reinstated automatically... is this true?

Thanks in advance for any help

Adam

HB 1482, goes into effect July 1st.

 

[agrizz]

I have been doing some research. From what I have read, it seems I should have never been denied. If I interpreted the law correctly it says that if the conviction is a misdemeanor in the state and not punishable by more than two years than you don't lose gun rights.

If that's the case I don't understand why I was denied.

 

[agrizz]

HB 1482, goes into effect July 1st.

Wow.. there is hope after all!

 

[fundy87]

i had a felony in 2005, since then, i had joined the army, went to war, came home started a family etc. etc. i had a lawyer get my felony reduced and now i can and have purchased firearms.

 

[fundy87]

Just because your offense was "non violent" doesn't mean you are a proper person now.

wow bro, just wow

 

[Kutnupe14]

wow bro, just wow

He's right

 

[Hogwylde]

HB 1482, goes into effect July 1st.

No matter what your "official" record shows....there is ALWAYS someone, something, somewhere that knows of your past convictions. Even if it's only reported in the newpaper..........those records still exist forever.

 

[agrizz]

No matter what your "official" record shows....there is ALWAYS someone, something, somewhere that knows of your past convictions. Even if it's only reported in the newpaper..........those records still exist forever.

That is true, but everyone makes mistakes. Fact is.. One small mistake shouldn't follow a person around their entire life. I'm sure you and eveyone else on this forum has screwed up somewhere at some point. None of us are perfect.

 

[j706]

I believe in second chances for most people. But felony's are felony's for a reason. They are to be avoided if one values certain rights. The excuse of a felony being non violent is not valid IMO. I think there should be something in place for persons with a (one) past "felony" (not felony's) to be able get their rights restored. Something like 10 years of not being in any trouble ect. Not sure what the new law is effective 07/01/13 But for someone with three felony's like the OP... they made their bed so they can sleep in it as far as I am concerned.