Criminal Law Questions? Ask a Criminal Lawyer.
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.
Do you have a felony conviction?
To the best of my knowledge, I do have a felony conviction. It happened in 2008 under a general court martial.
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.
Many states have laws that seem to allow it but federal law prevents it.
There is a provision in the federal law which causes a lot of confusion and a lot of the gun websites discuss it.
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.
The only way to get your rights back is to remove the conviction which in your case would require a presidential pardon.
Alright then, thanks for clarifying that for me. I had been told by just about everyone I know that I could get em back.
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.
I see. It was worth a shot I guess.
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.
There's no way Obama is going to give me a pardon.
But I don't anticipate it happening anytime soon.
You actually stand a better chance with Obama than with a Republican. Statistically, the Democratic presidents give more drug related pardons than the Republicans.
That's interesting. How do I convince him to give me one?
It is more political than anything else. I'd look for a good lawyer who does pardons and has connections with the Democratic party.
What can I expect to pay for those services?
They'll advise you on what type of community functions you can get involved in, etc.
My guess would be $2000-5000.
That's a pretty wide range but there aren't a lot of lawyers that do those.
How do I go about finding one?
I'd just start running Google searches and contacting attorneys via email.
That was my first guess. I thought maybe you knew of a fast track.
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.
So I should Google 'federal pardon attorneys'?
Yes, then start down the list.
Okay, sounds like a plan. Thanks again for your help.
Most of the first listings will be for government offices but then the private lawyers will start showing up.
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.
I'll exit now to assist others.
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