Criminal Law

19 years ago in the State of Maine, at 17 years old I was found…

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19 years ago in the...
19 years ago in the State of Maine, at 17 years old I was found guilty as a juvenile, for a very bad decision, for a non-violent breaking and entry charge. I was put on probation for 1 year with 30 days suspended and 6 months into it, 18 years old at the time; I broke probation,... Read full answer
19 years ago in the State of Maine, at 17 years old I was found guilty as a juvenile, for a very bad decision, for a non-violent breaking and entry charge. I was put on probation for 1 year with 30 days suspended and 6 months into it, 18 years old at the time; I broke probation, another very bad decision, and spent 15 days in the county jail. From what I understand Maine does not expunge records. I have been serving in the Military for the last 18 years using and controlling weapons. My question is how do I regain my Gun Rights in Maine and how will that apply if I am living in any other state , i.e. PA or NJ, trying to purchase a gun? How do I answer a Federal, NJ or PA state form asking if I was ever a juvenile delinquent or convicted of a felony? If my records were sealed in Maine have my 2nd Amendment rights to purchase, own and posses been restored?
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Answered in 51 minutes by:
6/29/2012
TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 13,634
Experience: JD, MBA
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Hello and thank you for allowing me the opportunity to assist you.

Q: how do I regain my Gun Rights in Maine and how will that apply if I am living in any other state , i.e. PA or NJ, trying to purchase a gun?
A: You'll need to request a pardon from Maine's governor. Unfortunately, sealing records won't help since the issue is having civil rights restored, not just hiding your record. A pardon will restore your rights. You can apply for a pardon by using the application found HERE.

Q: How do I answer a Federal, NJ or PA state form asking if I was ever a juvenile delinquent or convicted of a felony?
A: If you were convicted, then you'd have to answer affirmatively.

Q: If my records were sealed in Maine have my 2nd Amendment rights to purchase, own and posses been restored?
A: Unfortunately, a sealed record would not restore your 2nd Amendment rights, as stated above, since a sealed record is merely a hidden record, and that is not the same as a restoration of civil rights.

If you would like any additional information or need clarification, please do not hesitate to ask!

Also, I strive to be as helpful as possible so that you are satisfied and will give me positive feedback. Accordingly, please remember to only rate my answer when you are 100% satisfied. IF you feel the need to click either "I expected more" or "Helped a little" (which are considered negative ratings on this website), please stop and instead of rating me, reply via the REPLY or CONTINUE CONVERSATION button with the issue that you have. I will be happy to continue our discussion and do everything that I can to provide you with the service that you seek.

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Customer reply replied 6 years ago
I am Sorry i forgot to add this link to my question.

is this law saying that I do have my rights restored under

1-A. Limited prohibition for nonviolent juvenile offenses.

and if so does this restore it federally since its up to the states to restore civil rights?
Hi again.

That law only speaks about guns, but not civil rights in general. Can you vote, hold public office, and serve on a jury? If so, and if your crime is otherwise covered by 1-A, then I would argue that you can have a gun under Federal law. But if any of your civil rights (i.e., voting, holding office, jury duty) are restricted, then Federal law would prevent gun ownership even if Maine law allows it under 1-A.

Let me know if you need further clarification, and please remember to rate me positively. Thank you.
TJ, Esq.
TJ, Esq., Attorney
Category: Criminal Law
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