How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21724
Experience:  Handle criminal matters in both state and federal courts.
10707909
Type Your Criminal Law Question Here...
Samuel II is online now
A new question is answered every 9 seconds

I have a questions about gun laws. I live in Iowa 22 years

Resolved Question:

I have a questions about gun laws.

I live in Iowa 22 years old ect..

3 years ago I was convicted for Driving without owners consent, I did not take the car (everyone says that so thats hear say). But that's what I was charged with.

In Iowa that is classified as a Aggravated Misdomeanor.

- Aggravated Misdemeanors
An Aggravated Misdemeanor is punishable via two years imprisonment or up to a year in jail with a fine between six hundred twenty-five and six thousand two hundred fifty dollars. In the case of Aggravated Misdemeanors, any conviction or deferred judgment within the twelve years, no matter the state, counts as prior offenses. The number of offenses against an individual increases the fines and the amount of possible imprisonment.

This confuses me because federal gun laws state: 18 U.S.C. § 922(g)(1). It says that anyone "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year" is barred from possessing a gun.

Now what is the difference between imprisonment and jail time?

I was just going to get a 20-Gauge shotgun for duck season in June, but I think I am F$*%ED.

I was always under the impression that as long as you don't have a Felony you are able to buy a gun.

That being said, if I am unable to buy a gun because of that reason is there anyway to prove that I am not a danger to society and that I am a normal law abiding citizen able to own and control a gun? Or should I just give up and buy a bow.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.
Hi

I am an attorney with more than 25 years experience and I look forward to assisting you with this matter today

There is no difference between "imprisonment" and "jail time" as far as incarceration goes. However, most counties will allow a person to serve time in a jail if that sentence does not exceed 18 months

As to your situation, since the crime carried a possible penalty to exceed one year, you are not eligible to own a gun. It would not matter if your sentence was suspended or of if you got probation. The fact that it carries more than one year is enough to prohibit your ownership

You would have to get the matter expunged and to do that, you would first need a governor's pardon.




My goal is to provide you with excellent service - if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.
Customer: replied 1 year ago.

I'm just going to assume governor's pardon's don't happen for people? You have answered my main question though.


 


I have never heard of people getting a governor's pardon.

Expert:  Samuel II replied 1 year ago.

Hi

Pardon's are given. You can contact the Governor's office and request the application.

Everyone is treated equally when it comes to evaluation of a pardon request. It cost nothing to apply for it.

Once you get the pardon then you can Petition to have your matter removed from court records.

Check out this link to read more on pardons in Iowa




My goal is to provide you with excellent service - if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.

Customer: replied 1 year ago.

That is what I am looking for 3 more questions relating to to the original.


 


How do I get my court information for all previous crimes (My owi, and one when I was 17 criminal mischief)


 


What do you recommend I do to improve my chances of getting a pardon or my gun rights restored.


 


I don't have any credit, the state requires a credit report. I have applied for a car loan once (denied). And a credit card loan (Denied due to lack of credit history) What should I do here?


 


http://www.8thjdcbc.com/Downloads/Special-Restoration-of-Citizen-Rights-Firearms-Pardon-and-Commutation-of-Life-Sentance-Applicatrio1.pdf


 


 

Expert:  Samuel II replied 1 year ago.

Hi

1 - You contact the Clerk of the Court in each county where these convictions occured and the clerk can give you your record.

2 - Have a good job, have community activity, have good neighbors, friends and family who will be interviewed as to your character. There really is no winning receipe.

3 - You have a credit report and I suggest you contact Experian . If for some reason you are told there is nothing on record for you, then have them put that in writing and send that.




My goal is to provide you with excellent service - if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate me when you are done.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 21724
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 4 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.