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Question
is it posible to get your right to bear arms back if you are convicted of a non violent felony
Submitted: 16 days and 15 hours ago.
Category: Legal
Value: $18
Status: CLOSED
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Optional Information
State/Country relating to Question: Florida
Accepted Answer
Hello,
Federal law prohibits possession of a firearm by a convicted felon or by a person who was convicted of a crime punishable by more than one year in prison. This is regardless of state law on restoring civil rrights.
Federal law supersedes state law and provides as to firearms in 18USC922:
It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year ...
This subsection shall not apply with respect to .... a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of
this chapter.
Section 925 provides:
(c) A person who is prohibited from possessing, shipping,
transporting, or receiving firearms or ammunition may make
application to the Attorney General for relief from the
disabilities imposed by Federal laws
Here are the links:
922
925
The bottom line is that if the crime was punishable by a prison term of more than one year or was a felony, it is not legal to have a gun anywhere in the USA absent permission from the US Attorney General. This is true even if you receive a state pardon or had your civil rights restored by the state.
If you have additional questions, please do not hesitate to submit them to me directly.
Thank you,
FLAandNYLAWYER
Expert:
FLandNYLawyer
Pos. Feedback:
97.2 %
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Answered:
11/5/2009
Attorney
20 years of private practice
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