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Ask Nisha Jones, Esq. Your Own Question
Nisha Jones, Esq.
Nisha Jones, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 388
Experience:  Managing Attorney at a Law Firm
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I would like to get back my right to own a hand gun.I now

Customer Question

I would like to get back my right to own a hand gun.I now live in Iowa and have my voting rights. my last felony was in S.C. in1974
JA: What state is this in? And can you tell me a little more about the charge?
Customer: the state was in S.C for Armed robbery I 1974 and was released in 1990
JA: Has anything been filed or reported?
Customer: I don't know but Iowa gave me my fight to vote
JA: Anything else you want the lawyer to know before I connect you?
Customer: no thank you
Submitted: 17 days ago.
Category: Criminal Law
Expert:  Nisha Jones, Esq. replied 17 days ago.

Good evening, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office. I'll be answering your questions today, please understand this is for informational purposes only, and we do not currently have an attorney-client relationship. I've reviewed your question, please allow me just a few minutes to prepare some information for you, thank you!

Expert:  Nisha Jones, Esq. replied 17 days ago.

Your best option for getting your gun rights restored is by requesting a pardon from the South Carolina Department of Probation, Pardon, and Parole Services.

This is done by making an application through their site at http://www.dppps.sc.gov/ Or you can also contact someone from Pardon Information at(###) ###-####

Once you apply, there will be a hearing scheduled in which you will request your case be pardoned, so that you can have your gun rights restored. Since this offense was over 40 years ago, if you have not had any other incidents with the criminal system since, I see no reason why you won't be approved for the pardon.

The reason for needing to apply for a pardon through this route, as opposed to the federal system, is because currently all federal pardons and gun rights restoration have been on hold for some times due to the fact that Congress failed to alot the necessary funding to the pardon and gun rights restoration division.

This would normally leave your next option as being an application to have your case expunged, which would then restore your gun rights. However, South Carolina does not permit expungements for certain violent felonies. Fortunately, South Carolina does have the pardon and gun rights restoration process in place through the above mentioned department-- and they do in fact grant gun rights restoration for even cases that do not qualify for expungement.

Again

Expert:  Nisha Jones, Esq. replied 17 days ago.

Again, since your offense was SO long ago, and if you've been law abiding since, there should be no reason for you to not be approved at the hearing before the board.

I hope that helps! Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more. It doesn't cost you anything to rate me, and we can continue our conversation for free after. Thanks, ***** ***** it!

Expert:  Nisha Jones, Esq. replied 16 days ago.

Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!