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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23548
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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In 1954 i had a felony conviction at age 19 was given

Customer Question

in 1954 i had a felony conviction at age 19
was given probation went into the army in
1955-57 had it expunged in 1972 can i buy a hunting rifle in the state of ks
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

If you had your conviction expunged, that is what the state of Kansas requires for the restoration of your state gun rights. You should be able to purchase a hunting rifle.

Laws in this area have toughened substantially since 1972. If the Federal government will not now recognize your state expungement, and if you appeal the denial with the FBI and lose, then you'd need a pardon from the governor in order to restore your Federal rights.

Customer: replied 1 year ago.
The first part helps...the second line says if the Federal Government will not now recognize your state expungement.
Sounds like which party has won the election...so I guess it could be on and off again?
This election cycle yes next cycle no?
Expert:  Zoey_ JD replied 1 year ago.

A felony conviction costs you your state and Federal gun rights. The state sometimes will restore gun rights more easily than with the Federal government. If the Federal government won't recognize your expungement, you won't be able to clear a NICs check when you try to purchas a rifle.

I've looked at a little bit of law in this area and found the lead case, in which the appeals court held that a Federal defendant was properly convicted of being a felon in possession of a firearm, despite having had his Kansas rights restored. That case, however did not involve an expungement, and the defendant had other out of state offenses.

I think you will clear the NICs check. If you don't you should appeal it. I don't think it's which party has won the election that is at issue here. We've had some horrible mass shootings across the country, and the tension between gun rights and gun wrongs has never been greater.

Good luck!