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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27126
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I was accused and convicted of A crime that I didn't do!

Customer Question

I was accused and convicted of A sexual crime that I didn't do ! because of this I'm A felon ! what are my right's as far as carrying A weapon on me ( in this day in time everyone need's to protect there self)
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: I live in Mississippi but the charge's are from Memphis Tenn
JA: Have you talked to a lawyer yet?
Customer: not about this
JA: Anything else you want the lawyer to know before I connect you?
Customer: that's it ! I just want to know how I can protect myself as far as carrying A firearm
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 7 months ago.

I don't generally have good news for customers who ask questions in the criminal law category, and this is one is no exception. No matter how old a felony is, whether it's violent or non-violent, or whether you served any time in jail at all, if you were convicted of a felony and the crime allows for you to be sentenced to more than a year of incarceration you lose your state and Federal gun rights.

Tennessee's policy's with regard to restoration of rights after a felony conviction are harsh, unfortunately. The only way to possibly restore your rights in Tennessee would be through a pardon from your governor.

Even that will not work to restore gun rights in all cases. An Opinion paper from the Tennessee Attorney General holds that even after a pardon, if your felony involved "the use or attempted use of force, violence, or a deadly weapon," or your conviction was for a felony drug arrest, a pardon would not be sufficient to restore your rights. Op. Att'y Gen. No. 84-063 (1984).

Nevertheless a pardon is useful whether or not it restores your gun rights, The application form is on the web. You don't need a lawyer to apply for one, so you have nothing to lose by going forward with this.

If you can get your offense pardoned and your gun rights restored in Tennessee, then the Federal government would lift the ban against your gun rights and you'd be able to own a weapon in Mississippi. But you must get your rights back in the state where they were taken away before you can own a weapon anywhere else in the country.

Expert:  Zoey_ JD replied 7 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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