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Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 37399
Experience:  16 years practicing criminal defense.
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Just wondering if a person in mississippi convicted of a felony

Customer Question

just wondering if a person in mississippi convicted of a felony and has been off paper for 10 years or more could get his rights to own a gun back?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Unfortunately, it wouldn't matter how long ago the felony occurred. Persons convicted of a felony may not possess a firearm unless pardoned, granted federal relief under 18 U.S.C. § 925(c), or granted a “certificate of rehabilitation” by a court. Miss. Code Ann. §97-37-5(1)
However, under federal law, even if you were granted a certificate of rehabilitation, you would still be prohibited from possession a gun under federal law.
18 U.S.C. § 922(g)(1-9) prohibits the following from possessing, shipping, transporting, or receiving any firearm or ammunition:
(1) a person convicted of a crime punishable by imprisonment exceeding one year;
There is no current federal statute that would allow someone to get their gun rights under federal law.
So even if you got your state gun rights back, it would still be a violation of federal law and if you were charged with some type of federal offense, like mail fraud for example, then they could tack on a charge of felon in possession. Also if you were to go through a licensed FFL dealer, the application would likely be denied since it goes through the ATF.
As a gun owner myself, I always hate it when I have to give someone this type of news..

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