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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 16577
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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Can a felon convicted 30 years ago and squeeky clean since

Customer Question

Can a felon convicted 30 years ago and squeeky clean since own a firearm (rifle,shotgun,handgun) for protection? I'm not looking for a cookie-cut answer.
Submitted: 5 years ago.
Category: Criminal Law
Expert:  replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be glad to help you.

Unfortunately, Federal law prohibits anyone ever convicted of a felony from possession of any type of firearm and the mandatory sentence is 5 years in federal prison for any convicted felon convicted of a possession of a firearm under this federal law.

Even though under Alaska state law, a felon's right to possess long gun is restored, once the sentence is served, as long as, the firearm is not carried concealed or cannot be concealed on the person, if the convicted felon is found in possession of a firearm he/she is still subject to felony prosecution under the federal law.

The only way for someone who was convicted of the felony in Alaska, is to file a petition with the Governor for a full pardon and if granted, the firearms rights would be restored.


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Alex J. Esq. and 2 other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.

In my question I indicated I did not want a cookie-cut answer. The Federal Law has a class of firearms exempt from the prohibition against firearm ownership. Tell me about that.

Customer: replied 5 years ago.
No I hit the accepted button because it was the only way to get a followup answer. Are you going to answer my followup question??
Customer: replied 5 years ago.
Relist: Incomplete answer.
Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up and please understand that legal experts, such as myself, are unable to answer all the questions and follow up questions right away, due to the fact that we might be working with another customer, conducting some research, or simply away from a computer for many various personal reasons.

Can you please tell me in what state do you live now, as the state law will apply when it comes to exceptions for federal law for replica black powder guns, etc...
Customer: replied 5 years ago.
I live in California. Planning to retire in Alaska. My conviction was in california in 1981.
Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

This does change things quiet a lot.

What was your conviction for in California?
Customer: replied 5 years ago.
211 pc...Armed Robbery. Hey man that was 30 years ago. I'm not the same person.
Expert:  Alex J. Esq. replied 5 years ago.
Thank you for your follow up.

I absolutely understand that people change and make mistakes when they are younger.

In California there is a process which allows to have a felony reduced to misdemeanor and then to get it dismissed.

However, given the seriousness and the fact that the felony was violent, it might be an uphill battle to get this conviction reduced, but given the fact that you were never in trouble again in the last 30 years, it is still worth exploring it with a local California post-conviction relief attorney.

The next option would be to apply for a full pardon with the Governor of California and if granted, your firearms rights would get restored and I would also suggest consulting an retaining a post-conviction relief California attorney.

Also another option would be, since under federal law, convicted felons and certain other people cannot possess or distribute firearms. But they may apply to the Bureau of Alcohol, Tobacco and Firearms (BATF) for relief from the disabilities imposed by federal law. BATF may restore an applicant's gun privileges if (1) it does not deem the applicant “dangerous to public safety” and (2) restoration is not “contrary to the public interest. ”

Under the law, an applicant whose request is denied may seek judicial review in federal court. But since 1992, Congress, in its annual appropriations, has explicitly barred BATF from expending funds to investigate or act on applications by individuals. Consequently, BATF has not been processing applications. In Bean, the U. S. Supreme Court sided with BATF, holding that the bureau's inaction on applications does not constitute a “denial” under the law, in light of the congressional ban on expenditures. Thus, applicants cannot go to federal court to seek judicial review to regain their firearm privileges.

For purposes of the Gun Control Act, a person is not considered convicted in certain instances (e. g. , if he or she has been pardoned or had his or her civil rights restored). As an alternative to the above BATF process, a person convicted of a federal offense may apply for a presidential pardon. A person convicted of a state offense may apply to appropriate state officials for a pardon or civil rights restoration.
The good news, that while under the California state law you would be prohibited from owning any type of firearms, regardless of what the federal law exempts, it is not the case in Alaska and following firearms can be possessed by a convicted felon under both federal and Alaska law:

A felon can own a black powder/muzzle loading firearms, as long as they are more than 50 years old or a replica, as the muzzle loading . black powder guns are not considered firearms under the federal laws.

So there are some options for you to pursue and state gun laws in Alaska are probably the most liberal and forgiving out of all the states in the US, when it comes to convicted felons and firearms.

If you are satisfied with my answer, I would appreciate if you would click on the accept button.

Please keep in mind if you already made a deposit or on a monthly subscription plan you will not incur any additional charges, but I will only be compensated for my time and effort only if you click on ACCEPT.

Bonus and positive feedback are always greatly appreciated

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