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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23543
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I committed a nonviolent federal crime: "Possession of

Customer Question

I committed a nonviolent federal crime: "Possession of explicate sexual images of minors."
There was no firearm used in the commission of this felony. See Idaho Gun Rights, enacted in 1978.
I have been released from federal prison since October 7, 2011 and are currently on supervised release, so why am I denied of having a firearm in my possession, based on the above second paragraph?
I am not a felon anymore, I'm an ex-felon, because I paid my debt to society through federal prison time, which was reduced by almost 10 months because of good behavior. If I am still a felon, shouldn't I still be in prison? Once a felon, always a felon? Studies done by independent study groups show that persons convicted of a sex crime, after their release from incarceration, have the second lowest (5%) re-incarceration rate.
Although the State of Idaho Gun Law says, ""It is unlawful for any felon to possess or control a firearm. This does not apply to any person whose conviction has been nullified by expungement, pardon, setting aside the conviction or other comparable procedures, or whose civil right to bear arms either specifically or in combination with other civil rights has been restored." Gun Laws In Idaho, as of June, 2006. Since I believe and know by God's higher law to human law, I am not a felon anymore...I'm an ex-felon.
Also, the above paragraph only applies to felons, not ex-felons!
Sincerely,
Michael x xxxxxxx
Email:***@******.***
xxx x xxxxx St
xxxxx ID 83687
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,
My name is ***** ***** I am an experienced criminal lawyer.
Any federal felony conviction will cost you your second amendment rights. Without federal rights, you have no right to have anything to do with a weapon anywhere in the country. It does not matter whether your crime was violent or non violent, whether you did or didn't serve time on your behalf, or how long ago you were convicted.
The relevant law is 18 USC 922(f), which states that if you've ever been convicted of a crime for which the maximum possible penalty is more than a year (not the time you did spend but the max the statute allows), it is unlawful for you to have a firearm:
https://www.law.cornell.edu/uscode/text/18/922
Once upon a time one used to be able to restore Federal rights by applying to ATF, but that office lost its funding decades ago, and now there's no statutory provision that would restore gun rights to Federal offenders. The only possible remedy would be to apply for a Presidential Pardon. They are given out infrequently, but they are free and you'd have nothing to lose by trying. You would apply through the Office of the Pardon Attorney within the Department of Justice.
http://www.justice.gov/pardon
I am sorry to be the bearer of bad news, but this is the law of the land.

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