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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
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Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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How can I get my gun rights back? Im a convicted felon from

Customer Question

How can I get my gun rights back? I'm a convicted felon from back in 1975.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

Hello, and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today

JD 1992 :

Unfortunately, the only way to get your gun rights back anywhere in the US if you have been convicted of a felony is to first get a pardon. If you were convicted of a federal offense then it has to be a Presidential pardon. If you were convicted in state court then it has to be a pardon from the Governor of the state.

JD 1992 :

The problem here, and there is a lot of incorrect information on the internet, is that FL has a statute on the books which allows a convicted felon to petition to have their civil rights restored. You can read about that process at this link.

JD 1992 :

However, even though FL has that statute, it still would be illegal under federal law for you to own, possess, or exert control over a firearm.

JD 1992 :

Many people look only to their state statutes and do what the state requires and then end up facing a federal firearms charge.

JD 1992 :

The internet also has a lot of erroneous information on this issue as well.

JD 1992 :

There is a statute which allows a felon to petition the Justice Department for a restoration of their rights to have a firearm. The statute allows the petition to be reviewed and then, theoretically, grant the petition.

JD 1992 :

However, and what most of the sites do not explain, is that while the statute is "on the books" Congress has failed to provide funding for the process and so while there have been thousands of applications filed, there has never been one granted (or even reviewed to the best of my knowledge).

JD 1992 :

Therefore, the only way that it is legal to own a gun is to get a pardon which removes the felony conviction. After that, since you are no longer a convicted felon, it is legal to own a gun.

JD 1992 :

The website is showing you are offline so I will exit so I can assist other customers. Please feel free to ask any follow up questions that you have in this thread. However, please do not issue a rating until our interaction is complete and all of your questions have been answered.

Customer:

thank you

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26837
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 2 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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