Criminal Law Questions? Ask a Criminal Lawyer.
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Were you convicted of a felony?
yes, 11 yrs ago. Driving while license suspened. Though I was notfied that IL. State police have the authority to deny an applicant in accordance with 430 ILCS 65/8, I did not read that this is a hands down mandatory desicion, and would hope that there are some discetionary factors with this process. 30 yrs. ago, when I had my first FOID card, it used to say on the card itself that you only had to go 5 years without a conviction on your record to be eligable. I mean, really, we're talking about an 11 yr. old charge for driving, and from Fl to boot. Do I have any grounds for an appeal?
Unfortunately, according to the federal law, any person who is convicted of any felony is permanently banned from possessing, owning, buying or selling of a firearm and violation of this federal law carries mandatory prison term of 5 years in federal prison upon conviction.
Unfortunately, there is absolutely no exception or discretion.
I know this is not an answer you were hoping for, but unfortunately the law is the law and I have to provide customers with correct answers.
Is this something that can be expunged from my record, sealed or any other method that would facilitate acceptance vs. denial, or will this be something that will always show up in a situation like this, and there's nothing to be done about it?
The only option that you have is to apply for restoration of your civil rights in Florida, however while some of your rights might be restored, it is almost impossible to restore firearms rights and out of thousand of applicants to restore firearms rights in Florida every year less than 10 get approved for the restoration of their firearms rights.
Do you have any related follow up questions?
No, thanks anyway. Allready tried the restoration process in FL through my attorney down there, and pretty much just got a run around. Guess the bad guys are the only one posseing firearms these days. Thanks for your advice.
I am sorry that you are in this situation and I hope at some point the law might change to permit non-violent felons to be able to restore their gun rights.
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