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Barrister
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.
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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)
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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.
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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;
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There is no current federal statute that would allow someone to get their gun rights under federal law.
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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.
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As a gun owner myself, I always hate it when I have to give someone this type of news..
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thanks
Barrister

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