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In 1974 I plead guilty to a felony indictment of delivery of

a controlled substance, marijuana. I...
In 1974 I plead guilty to a felony indictment of delivery of a controlled substance, marijuana. I have not been charged or convicted of any other felonies. Is it possible to get my gun rights restored? I have had my civil rights restored as of 1987. Also, if restoration of my second amendment rights is possible, is this restoration portable to other states?
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2/2/2013
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,756
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi Jacustomer

According to W. Va. Code § 61-7-7.2 you should be able to petition the circuit court in the county of your residence to get your firearms rights restored. The court will have to believe that you are "competent and capable of exercising the responsibility concomitant with the possession of a firearm or other deadly weapon, " and that such possession would not violate federal law.

Although you presently have no Federal gun rights, if all of your other civil rights have been restored to you, and the court grants you your gun rights, the Federal government should lift their bar to you.

You're going to need to hire a lawyer if you want to petition the court. A hearing will likely be necessary at which you will have to show by clear and convincing evidence that you are capable of exercising the responsibility necessary to have and use a gun safely. There are those who specialize in pardons, expungements, and restoration of gun rights and they are the ones with whom you would have the best chance. But with a substantial body of time between the incident and 2013, you may have a chance.

Otherwise, as you already have found, a pardon from the governor is your only avenue of relief.
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,756
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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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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