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DCrane Law
DCrane Law, Lawyer
Category: Criminal Law
Satisfied Customers: 25285
Experience:  Attorney
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I have a felony conviction of accidents involving serious

Customer Question

I have a felony conviction of "accidents involving serious injury" from a DUI in PA in 2006, I am now living in Virginia, what do i have to do to get my right to own a firearm back?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  DCrane Law replied 7 years ago.
Thank you for the post, unfortunately Federal Law prevents a convicted felony from possessing a firearm, even if state law would permit you to possess a firearm. 18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home.
Customer: replied 7 years ago.
I got told there was a way to get my rights restored or the felony expunged so i can posses a firearm.
Expert:  DCrane Law replied 7 years ago.
18 U.S.C. 921(a)(20) provides: "Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms." Unfortunately PA does not permit felony conviction expungement unless the felon is 70 years or older, or deceased.
Customer: replied 7 years ago.
I now currently live in Virginia, do laws change by state (like VA would restore my rights) or doesn't it matter
Expert:  DCrane Law replied 7 years ago.
Unfortunately PA would have to restore your rights, since PA is the state that handed down the conviction.