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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
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Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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i have a felony drug offence when i turned 18, im now 48 and

Resolved Question:

i have a felony drug offence when i turned 18, im now 48 and 6 months worked same job 26
years.what are the chances of me being able to buy guns like a regular person.i had to go to jail about 2 years.thank you for your time??????????? no other offences on my record.
rick gray
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.

Unfortunately, any felony (no matter how old it is) costs you your state and Federal gun rights. The Federal government has said that if the state is willing to restore all of a defendant's civil rights (right to vote, to hold office, to sit on a jury) and their gun rights, they will not stand in the defendant's way and he can get his rights back. The Federal Government would require that the state offense be expunged, set aside, or pardoned.

States are strict about what they will and won't expunge or seal. NC will not remove convictions, except for a first juvenile misdemeanor. It will only expunge records of acquittals, dismissals and reversals. That means you will have to seek a pardon from the governor to get your Federal rights back.

North Carolina's Firearms statute states that after a pardon that restored your civil rights you would get your state rights back and be able to own and possess a firearm again.

Pardons are very difficult to get, but at least you would not need a lawyer to apply for one. And, if you've been out of trouble with the law for 30 years, you certainly sound like a good candidate for a pardon. You would have to get the forms from the North Carolina Office of Executive Clemency, ( as they do the screening for the governor. Make sure you make it clear when you apply that you are seeking a pardon and your gun rights.

Good luck!

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

Edited by FranL on 5/2/2010 at 8:51 PM EST
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