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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27392
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I have a dishonorable discharge from the Marines for possession

Resolved Question:

I have a dishonorable discharge from the Marines for possession with intent to distribute 4 schedule one controlled substances, and use of said substances, and I was charged with distribution of one of said controlled substances. I know that under the Brady Act, I can't legally possess a firearm. Is there a way I can get my second amendment rights back?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

Do you have a felony conviction?

Customer:

To the best of my knowledge, I do have a felony conviction. It happened in 2008 under a general court martial.

Dwayne B. :

If you have a felony conviction then there is no way to get your right to own a firearm back, at least not at this time.

Dwayne B. :

Many states have laws that seem to allow it but federal law prevents it.

Dwayne B. :

There is a provision in the federal law which causes a lot of confusion and a lot of the gun websites discuss it.

Dwayne B. :

The law allows you to apply to the Justice Department for a reinstatement of your rights but Congress has never funded that section of the law and thus there have been thousands of applications for the waiver filed but not one has even even been considered much less granted.

Dwayne B. :

The only way to get your rights back is to remove the conviction which in your case would require a presidential pardon.

Customer:

Alright then, thanks for clarifying that for me. I had been told by just about everyone I know that I could get em back.

Dwayne B. :

No, not without getting a pardon. Many people read the section of the law that I referenced or look up state law and offer their opinion but they are incorrect.

Customer:

I see. It was worth a shot I guess.

Dwayne B. :

Yes, at least you know now. If they ever fund that section of the law that allows a waiver I'm sure you'll hear about it.

Customer:

There's no way Obama is going to give me a pardon.

Dwayne B. :

But I don't anticipate it happening anytime soon.

Dwayne B. :

You actually stand a better chance with Obama than with a Republican. Statistically, the Democratic presidents give more drug related pardons than the Republicans.

Customer:

That's interesting. How do I convince him to give me one?

Dwayne B. :

It is more political than anything else. I'd look for a good lawyer who does pardons and has connections with the Democratic party.

Customer:

What can I expect to pay for those services?

Dwayne B. :

They'll advise you on what type of community functions you can get involved in, etc.

Dwayne B. :

My guess would be $2000-5000.

Dwayne B. :

That's a pretty wide range but there aren't a lot of lawyers that do those.

Customer:

How do I go about finding one?

Dwayne B. :

I'd just start running Google searches and contacting attorneys via email.

Customer:

That was my first guess. I thought maybe you knew of a fast track.

Dwayne B. :

No, I don't unfortunately. I know some who have pull in my state but you need to look for one who has pull on a federal level.

Customer:

So I should Google 'federal pardon attorneys'?

Dwayne B. :

Yes, then start down the list.

Customer:

Okay, sounds like a plan. Thanks again for your help.

Dwayne B. :

Most of the first listings will be for government offices but then the private lawyers will start showing up.

Dwayne B. :

You're very welcome and best wishes to you and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B. :

I'll exit now to assist others.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 27392
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 3 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 DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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Dwayne B.
Dwayne B.
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Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.