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Barrister
Barrister, Attorney
Category: Legal
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Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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if Im a convicted felon, how long do i have to wait before

Resolved Question:

if Im a convicted felon, how long do i have to wait before i can apply for a foid (firearms id card)? Charges were bulglary and drug related. Been clean and sober for 26 years no trouble since then.
Submitted: 6 years ago.
Category: Legal
Expert:  Barrister replied 6 years ago.

Hello,

.

Under state and federal law, a convicted felon is prohibited from owning a firearm forever unless they get their conviction pardoned by the governor and their firearms ownership rights restored. You would have to contact the parole board to file a petition for a pardon.

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Anyone who has been convicted of a felony is banned by federal law from ever possessing "any firearm or ammunition." Specifically a person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. 18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for felon gun possession is up to 10 years in prison.

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There is specific statutory language providing that the federal criminal firearms possession does not apply to individuals who have had their civil rights restored by the state in which they where convicted of the felony.

18 U.S.C. 921(a)(20) provides:

"Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms."

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thanks

Matt

 

 

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