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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9090
Experience:  Since 1983
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I have been committed to a psychiatric unit years ago, and

Customer Question

I have been committed to a psychiatric unit years ago, and under federal law, I am prohibited from owning firearms. However, in the midst of time, I have become an HVI individual, and live in a high crime area. What I seek to have done, is to have a partial restoration of second amendment rights to be limited solely to bolt action rifles for home defense so as to minimize the risk to the public while providing a minimal, yet credible defense.
Who would I go to, to get this partial retraction of overarching federal law?
Submitted: 3 months ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 3 months ago.

I am sorry to hear this.

Federal law does not allow for a partial restriction on owning firearms, it is either total or not. ATF now called BATFE has a procedure that might in some situations allow the restoration of firearm rights but Congress refuses to appropriate any funds to operate that program, so it only exists on paper.

I carry Inferno just in case.

I am sorry this is not the answer you had hoped for, but it would be unfair to you, and unprofessional of me, not to provide accurate information.

I hope this information is helpful.

Expert:  N Cal Attorney replied 3 months ago.

BTW, http://smartgunlaws.org/prohibited-purchasers-generally-in-wisconsin/

states:

"The Wisconsin prohibition against firearm possession by an individual found guilty by reason of insanity, mental disease or defect does not apply if a court subsequently determines that the person is no longer insane or no longer has a mental disease, defect or illness, and the person is not likely to act in a manner dangerous to public safety.6 Similarly, the prohibition against firearm possession by an individual adjudicated delinquent does not apply if a court subsequently determines that the person is not likely to act in a manner dangerous to public safety.7"

But ATF cannot process an application to restore firearm rights on that basis because Congress will not allow it so even if you were cleared to buy a firearm under Wisconsin law, federal law would still prevent it.

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