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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12283
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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I was convicted of a felony, white collar crime but a crime

Resolved Question:

I was convicted of a felony, white collar crime but a crime all the same in the state of Kansas. It was a federal crime and I was sentenced to 5 years probation which I served only about 8 months then probation was suspended.
I registered to vote in Kansas so that I could eventually have my civil rights restored. I now live in the state of Virginia and want to be abled to purchase a fire arm.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 6 months ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX X will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

Hello. My name isXXXXX will be happy to answer your question.

Alex J. Esq. :

Are you online with me?

Customer:

Yes I am.

Alex J. Esq. :

Welcome to JustAnswer.com

Customer:

Thank you very much.

Alex J. Esq. :

Can you please tell me if you purchased or owned firearms after your felony conviction?

Customer:

Yes I did, roughly in 1984 in Virginia.

Customer:

I also had a concealed weapons permit.

Alex J. Esq. :

after the felony conviction?

Alex J. Esq. :

What year were you convicted?

Customer:

about 1976

Alex J. Esq. :

okay

Alex J. Esq. :

were your firearms rights ever officially restored by the ATF and not any state government?

Customer:

I witness the robbery of a post office during my probation and recieved a reward.

Customer:

My rights were not officially restored by ATF or state government.

Alex J. Esq. :

What was your federal conviction for?

Customer:

Thief of Interstate Shipment

Alex J. Esq. :

This is actually strange.

Alex J. Esq. :

When you applied for your CCW or to buy a firearm, did you fully disclose this felony conviction on your applications?

Customer:

I still have my weapons permit.

Customer:

I did not disclose the felony conviction because my attorney told me before I left Kansas that my rights were restored as so as I registered to vote.

Alex J. Esq. :

This is a huge issue!

Alex J. Esq. :

Your attorney did not advice you correctly.

Customer:

How is that?

Alex J. Esq. :

firearms right can only be restored in two ways.

Customer:

How?

Alex J. Esq. :

1) ATF restoration, which is currently not an option and has not been an option for many years, due to the lack of budget and resources for ATF

Alex J. Esq. :

2) Full Presidential Pardon.

Alex J. Esq. :

So basically, based on this wrong advice, you might be in violation of federal firearms ban and if this non-disclosure is discovered, you can be subject up to 10 years in federal prison and a fine of up to $250,000

Alex J. Esq. :

I do not want to scare you, but this is an extremely serious situation!

Customer:

Presidential Pardon is the only answer?

Alex J. Esq. :

Unfortunately, lack of knowledge or bad advice from your former attorney would not work as legal defense to such serious crime

Alex J. Esq. :

Yes.

Alex J. Esq. :

At this point, anyone who is convicted of a federal felony, can only restore his/her firearms rights through presidential pardon, which of course are very difficult to obtain.

Customer:

I tried to puchase a weapon and a VA State Tropper came and visited me and told me not to try and puchase any weapons in 1993

Alex J. Esq. :

I deal with firearms related cases all the time and the law is very clear on it.

Alex J. Esq. :

Well, if you do not reveal your conviction on the federal firearm form, that is a federal felony with a minimum mandatory 5 year sentence.

Alex J. Esq. :

I would not discuss this matter with anyone, but would strongly urge you to consult with a local criminal defense attorney as soon as you can, who will be able to look into this situation and see how it can be cleared as far as any potential prosecution for violation of federal firearms ban.

Customer:

After the visit from the Trooper I never heard any more.

Alex J. Esq. :

I understand, but the issue is that your gun ownership is clearly documented and also the fact that you still have concealed carry permit for which you do not qualify under the law can come up at any time.

Alex J. Esq. :

However, if the last time you applied for a gun in 1993? am I correct?

Customer:

My weapons permit exspired in 1988

Customer:

expired......sorry

Customer:

are you still there?

Alex J. Esq. :

yes I am here

Alex J. Esq. :

did you apply for any firearms or licensed since you current ccw expired?

Customer:

No I have not

Alex J. Esq. :

okay.

Alex J. Esq. :

That is good news!

Alex J. Esq. :

That would generally mean that the statute of limitation has expired for the state or feds to prosecute you regarding the omissions of the conviction.

Alex J. Esq. :

Does that make sense?

Customer:

yes it does

Alex J. Esq. :

That's the good news.

Alex J. Esq. :

Now the bad news, that currently the only way for you to restore your firearms rights would be to file a petition for a full presidential pardon.

Alex J. Esq. :

It is a long shot, but you don't have anything to loss, however I would suggest hiring a local attorney who is experienced in this type of pardon petitions to increase your chances to the maximum possible.

Alex J. Esq. :

Does this make sense?

Customer:

I will apply for a Pesidential Pardon.

Customer:

I'll seek legal advice then.

Alex J. Esq. :

Also, it would not be a good idea of course to try to obtain any firearms.

Alex J. Esq. :

yes that would be a good idea.

Alex J. Esq. :

Do you have any related follow up questions for me at this time?

Alex J. Esq. :

Do you need explanation as to why you were able to buy guns or obtain a ccw in the past?

Alex J. Esq. :

I thought you might be wondering about that.

Customer:

No I don't

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Customer:

Thank you!

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 12283
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and other Criminal Law Specialists are ready to help you

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