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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 27011
Experience:  Handle criminal matters in both state and federal courts.
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can I get my gun rights back

Customer Question

convicted of misd dom batt in 2002 in idaho
did not get a withheld judgment

what are my options
petition in federal court?
move for a withheld and reopen case?
try for a pardon from the governor?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  Samuel II replied 8 years ago.



because your misdemeanor is a DV one, you are precluded by law of owing or possessing a gun. you will need to apply for a full pardon from the governor of Idaho to have your rights restored - then you will need to have the matter expunged


use this link for that application and more information

also this link for the guidelines - you will need to be 5 years from the end of your sentence and no other crimes pending - see Rule 550

Customer: replied 8 years ago.
what if the judge allows us to reopen the case and grants a withheld judgment. wouldnt that take care of the issue?
Expert:  Samuel II replied 8 years ago.



withheld until when, what? probation? the matter would need to be totally dismissed with no conviction of any kind showing on your record - adjudication withheld will still appear on your record