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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 25921
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was convicted harassment in 2004. I was denied a pistol

Customer Question

I was convicted for communication harassment in 2004. I was denied a pistol permit in Alabama. Is there any way I can get my gun rights back
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 months ago.


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

Expert:  Zoey_ JD replied 11 months ago.

Were you denied on the state or Federal level? Was the complainant a present or former domestic partner? Did the harassment involve threats or use of force?

Customer: replied 11 months ago.
Denied on state level no force or threats former girlfriend
Expert:  Zoey_ JD replied 11 months ago.

Thank you.

Give me a few moments to look into Alabama laws and type an answer.

Expert:  Zoey_ JD replied 11 months ago.

Alabama toughened its gun laws last year, and when it comes to domestic types of cases it tracks the Federal statute. That is, you're denied gun right if your misdemeanor "has, as its elements, the use or attempted use of physical force or the threatened use of a dangerous instrument or deadly weapon, and the victim is a current or former spouse, parent, child, person with whom the defendant has a child in common, or a present or former household member."

You also cannot have anything to do with a gun if there is a valid protection order against you. If your offense does not conform to the above definition, and the protective order your ex has, has expired and is no longer pending against you, you should still have your rights and can appeal the state's denial of them.

If your offense does conform to the state and Federal definition of a domestic violence offense, then unfortunately, because of the Violence Against Women's Act and the Lautenberg Amendment, there is a lifetime bar against your Federal rights and there is no way to restore them until the law changes.

Expert:  Zoey_ JD replied 11 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.