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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23202
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can I restore my gun rights? 17 years ago convicted of

Customer Question

Can I restore my gun rights? 17 years ago convicted of arson. No intent to hurt anyone, no one was hurt. Set a car a fire.
Not one arrest since for anything. Tax paying husband father of 2
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 4 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 4 months ago.
Customer: replied 4 months ago.
Expert:  Zoey_ JD replied 4 months ago.

In Nevada, the only way you can get your gun rights restored is by a pardon from the governor that expressly restores your gun rights. Here's the relevant section of your law:

"NRS 202.360  Ownership or possession of firearm by certain personsprohibited; penalties.

1.  A person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:

(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. §921(a)(33);

(b) Has been convicted of a felony in this Stateor any other state, or in any political subdivision thereof, or of a felony inviolation of the laws of the United States of America, unless the person has received a pardon and the pardon does not restrict his or her right to bear arms;"

You can find out more about the pardon and download the application here. Pardons are free and no lawyer is required.

Customer: replied 4 months ago.
The felony was in the state of Ohio
Customer: replied 4 months ago.
But I live in nevada
Expert:  Zoey_ JD replied 4 months ago.

Thank you. You neglected to say that on the question which referenced Nevada. You need to get your rights restored in the state where they were taken away.

Per Ohio Rev. Code Section 2923.14, you would have to petition the Ohio court for restoration of your firearms privileges. You would have to show that you have been "fully discharged from imprisonment, probation, and parole," have "led a law-abiding life since his discharge or release" and that you are " . . . likely to continue to do so." Also there would have to be no other reason keeping you from owning a firearm except for that case.

You should talk to a local lawyer to do this for you. Once you have your rights back in Ohio, Nevada may still require that you get a pardon from the governor of Ohio, since they require their own citizens to get a pardon.

Expert:  Zoey_ JD replied 4 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.