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LawTalk
LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 36750
Experience:  30 years legal experience
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My son had 5 DUI about 15 to 20 years ago in the state of

Customer Question

My son had 5 DUI about 15 to 20 years ago in the state of gam he is trying to get his civil rights restored so that he can continue to work in the pawn shop where they have decided to sell guns
Submitted: 1 year ago.
Category: Criminal Law
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your son's situation. My goal is to provide you with excellent service today.

I presume that one or more of the DUI's was deemed a felony, as that is the only way that his gun rights would have been taken.

As you may not be aware, federal law generally makes it a felony for a person to be in possession of a firearm if the person has any prior felony conviction.

Though, there is an exception. That exception depends on whether you have had your civil rights restored. And whether you have had your civil rights restored for a state conviction is determined by state and NOT federal law.

Federal law requires that for the feds to recognize the state restoration of rights, the state restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. The restoration of your son's gun rights is accomplished by him applying to the court for, and being granted, an expungement of his felony conviction(s).

Once he has the expungement order and restoration of rights, he will also need to send a copy of the order to the FBI Gun Appeals unit to have them enter the order in their computer records as well. That way, he won’t be flagged and denied when he applies to purchase a firearm, or to sell them.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

Customer: replied 1 year ago.
You have not answered my question. I asked how does he get his rights restored, I know everything you told me. I have done research myself.
Expert:  LawTalk replied 1 year ago.

He must file a petition in the court in which he was convicted seeking an engagement of the felony conviction(s).

Doug