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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience:  Began practicing law in 1992
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I was convicted of a non-violent felony in 1982 in xx

Resolved Question:

I was convicted of a non-violent felony in 1982 in xx. Placed on probation and restitution. Restitution was dropped. I now live in xx and want to purchase a firearm.

Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
I read your facts and am very familiar with the subject. Is there a specific question I could assist you with?
Customer: replied 1 year ago.
The question was ask
Expert:  Dwayne B. replied 1 year ago.
There is no question there, just a statement of facts.
Customer: replied 1 year ago.

Based on the question asked, I want to know if I can legally purchase a firearm in xx with a non-violent felony conviction 30 years ago.

Expert:  Dwayne B. replied 1 year ago.

Unfortunately, no. Leaving aside any xx laws that address the issue federal law makes it a crime for anyone convicted of a felony to purchase, own or possess a firearm anywhere in the United States. There is some language that indicates an antique firearm or a black powder firearm would be permissible but not a modern firearm of any type. The federal law does not make a distinction between violent and non-violent felonies. It is a conviction of any crime which could have (as opposed to did) resulted in a sentence of more than one year. I am truly sorry to give you what I am sure is bad news, but please understand that it would be unfair to you (and very unprofessional of me) to provide you with anything less than an completely honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. Please remember to rate me based upon whether I answered your question, and not upon whether the answer was good news or bad news since I have no control over whether the law is in your favor or not.

Customer: replied 1 year ago.

All of the talk now and before by the president and senators relates to Mentally ill or violent crimes being committed to bar a person from gun owner ship. It is legal by law for me to own a weapon in xx State and in xx. Take another look to make sure that your reply is correct.

Expert:  Dwayne B. replied 1 year ago.
I am absolutely sure of my answer. The law of many states allows for felons to own weapons but not federal law which preempts state law.
The statute 18 is U.S.C. 222 (g)(1).
Customer: replied 1 year ago.
If a person is convicted of a non-violent crime and his/her citizenship is fully restored, are you telling me that this means nothing under federal law.
Expert:  Dwayne B. replied 1 year ago.
If you have 1) had your conviction expunged or been pardoned and 2) your rights were restored then you no longer have a felony conviction and would be able to own a gun under federal law.
If you are still considered to have a conviction then you absolutely cannot own a gun under federal law without being guilty of a crime, regardless of what state law says.
Expert:  Dwayne B. replied 1 year ago.
I'll have another expert take a look and see if they agree or not, but I am 100% sure of my answer.
Customer: replied 1 year ago.
Final question, how can I check to see if I still have a conviction?
Expert:  Dwayne B. replied 1 year ago.
You could ask a gun dealer to run a check to see if you are barred but the only way to know for sure is to go back to the court where you were originally convicted and see if there is anything there that shows the conviction was reversed. That could would be the only one with jurisdiction to do so.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26762
Experience: Began practicing law in 1992
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