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Gun Rights Laws

Gun laws in the United States—aiming to regulate the sale, possession, and use of firearms and ammunition— vary from state to state where firearm owners are subject to the laws of the state they are in and not state of residence. The state and police departments are not obligated to enforce existing federal firearm laws, where in several cases state laws are less restrictive than the federal laws. Below, Experts answer questions on Gun Rights in the United States.

How can I have my Gun Rights restored in New York after being involuntarily committed to the hospital?

You may begin with submitting a request to the New York State Office of Mental Health with all relevant documentation. You may download the form along with instruction from the following website: Certificate of Relief Request.

According to The Owners Protection Act of 1986 this states that “prohibited persons” as those “convicted of a felony punishable by imprisonment for a term exceeding one year”. If an individual in the state of Colorado was charged with 2 felonies over 40 years ago, but did not include imprisonment can the individual have their gun rights restored??

The phrase that is quoted above means the law would apply in cases where the felony carried a potential penalty exceeding a year in prison. However, it does not matter whether such a judgment was passed against you, but whether the crime committed merits imprisonment of over a year.

Since Colorado Gun Laws are strict, your only chance will be to apply to the Governor and seek pardon. Here is a link to the application form: http://www.dvmen.org/PDF/CO_pardon.pdf.

Are Gun Rights—revoked for conviction of burglary—automatically restored in New Mexico after the 10 years without any type of legal action?

It is possible to have your Gun Rights restored 10 years after your conviction and not 10 years after the criminal act was committed. You may also have your rights restored early by petitioning the court that convicted you. New Mexico only prevents restoration of firearms in cases of domestic violence.

If an individual had their gun rights revoked 13 years ago in Colorado for domestic violence and is now living in Arizona for 6 years can they have their rights restored?

Some American states, including Colorado, require that you receive a Governor’s pardon to the original charges of crime committed in order to have your Gun Rights restored. If the individual does not receive a pardon in Colorado, in many cases the individual will not be able to possess firearms. In cases of felony, which domestic violence is, the individual will require the Governor’s pardon. The individual may apply for pardon through the local court.

Citizens of the United States are permitted by law to carry firearms for protection or other lawful purposes. However, the Federal Gun-Free School Zones Act of 1990 prohibits firearms in school premises. Laws vary from state to state and there are several exceptions to right to carry firearms. It is best to be completely familiar with all aspects of gun law before possessing firearms. For more information on the Gun Right Laws, contact the Experts.

Ask a Criminal Lawyer

Ely
Ely, Counselor at Law
Category: General
Satisfied Customers: 2436
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
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7 Criminal Lawyers are Online Now

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Criminal Lawyers are online & ready to help you now

Fran L.
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Over 10 years of criminal defense practice.

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