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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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In June, 2015, the Justice Department spending bill. passed

Customer Question

In June, 2015, the Justice Department spending bill. passed the U.S. house of representatives with an amendment offered by Rep. Ken Buck, R-Colo..
I was convicted of a federal felony in 1995, and I would like to have my gun ownership rights reinstated.
I understand that all one has to do is petition the U.S. District court.
Am I right?
Thanks very much.
Tom Kolter
Submitted: 11 months ago.
Category: Legal
Expert:  Sam replied 11 months ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard

In June this year, the House voted to let non-violent felons win back their gun rights and that was the amendment by Ken Buck.

Unfortunately, the money for this measure was removed by the US Senate and so there is no process as the amendment set forth.

For purposes of the Gun Control Act, a person is not considered convicted if he or she

(1) has been pardoned,

(2) had his or her civil rights restored or set aside, or

(3) had his or her conviction expunged or set aside, unless the pardon, restoration, or expungement expressly bars shipping, transporting, possessing, or receiving firearms (18 USC § 921(a)(20) and (a)(33)).

Anyone convicted of a federal offense may apply for a presidential pardon. Federal regulations (28 CFR § 1.1-1.10) specify the rules governing petitions for obtaining such pardons . Your constituent, who appears to have been convicted of a federal offense, may contact the Pardon Attorney's Office to inquire about the procedures for obtaining such a pardon. The address is:

Pardon Attorney's Office

U.S. Department of Justice

***** N.W.

Washington DC 20530

Expert:  Sam replied 11 months ago.

What you are referring to, I believe, is the amendment that would put the funds into the budget to have the BATF make the restoration. That money still is not available.

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