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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23144
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Is it possible to get my gun rites back? I was charged of a

Customer Question

Is it possible to get my gun rites back? I was charged of a simple non violent felony 15 years ago.
Submitted: 11 days ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 11 days ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 11 days ago.

In what US state were you convicted of the felony?

Customer: replied 11 days ago.
Customer: replied 11 days ago.
It was a class e felony and I didn't spend any time in prison
Expert:  Zoey_ JD replied 11 days ago.

So sorry for the delay. I am still waking up here.

No matter how old the felony is, whether it's violent or non-violent, or whether you served any time in jail at all, if the crime allows for you to be sentenced to more than a year of incarceration you lose your state and Federal gun rights. Tennessee's policy's with regard to restoration of rights after a felony conviction are harsh, unfortunately. The only way to possibly restore your rights in Tennessee would be through a pardon from your governor.

Even that will not work to restore gun rights in all cases. An Opinion paper from the Tennessee Attorney General holds that even after a pardon, if your felony involved "the use or attempted use of force, violence, or a deadly weapon," or your conviction was for a felony drug arrest, a pardon would not be sufficient to restore your rights. Op. Att'y Gen. No. 84-063 (1984).

A pardon is useful whether or not it restores your gun rights, and if your felony is very old, you might be a good candidate for one. Here's the application for one.

Expert:  Zoey_ JD replied 9 days 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.

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