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9 years ago i got a federal felony of possession of

9 years ago i...

9 years ago i got a federal felony of possession of counterfeit money. Was wondering if it is possible for me to regain my gun rights on state or federal level? Plus how would i need to go about doing so?

Lawyer's Assistant: What state is this in? And can you tell me a little more about the charge?

WV. Possession of counterfeit federal reserve note. 3 years probation done aftef two because of clear screens and good behavior. Fines paid and nothing since then.

Lawyer's Assistant: Have you talked to a lawyer yet?

No. Am trying to figure things out before hand or not have to have one at if possible.

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Answered in 3 minutes by:
10/18/2017
Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,762
Experience: Managing Attorney at a Law Firm
Verified

Good morning, I am a Criminal Defense attorney and former Prosecutor for the State Attorney's Office, and I'll be answering your questions today. Keep in mind this is for informational purposes only and we do not have an attorney-client relationship. Please allow me just a few minutes to review your question, thank you!

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Customer reply replied 7 months ago
Ok. Thank you.

The state of WV recently passed a law this past July, that allows for individuals convicted of a non-violent felony to apply to have their sentence reduced to a misdemeanor.

In order to qualify, it must be 10 years since the conviction occurred, and you must not have any other criminal convictions since then.

Since it's been 9 years since your conviction occurred, in one more year you would be eligible to apply for this reduction. Once the application is granted, your gun rights would be restored.

In order to apply, your petition would need to be filed in the county where the conviction occurred.

You can read the new law here:

http://ccresourcecenter.org/state-restoration-profiles/west-virginia-restoration-of-rights-pardon-expungement-sealing/#I_Restoration_of_CivilFirearms_Rights

I hope that helps!

Please let me know if you have any other questions. Also, please take a moment to rate me using the stars at the top of the page, as it's the only way experts are compensated for our time on the site. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating of 3 stars or more (5 stars are always appreciated). The question won't close after rating, so you can still ask follow-up questions after. Thanks, ***** ***** it!

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Customer reply replied 7 months ago
Ita federal conviction not state level.

Sorry for the delay -- so your case was heard in federal court in WV?

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Customer reply replied 7 months ago
maam. In Huntington,WV federal court.

Okay, that makes things a bit more difficult.

You would have to apply for restoration of your gun rights at the federal level.

The problem is that due to insufficient funding by the federal government, this division has been shut down for several years -- in other words, none of these requests are being heard or granted.

Your only other option would be to submit a letter requesting a presidential pardon.

You would need to draft and send that to:

Pardon Attorney's OfficeU.S. Department of Justice

***** N.W.

Washington DC 20530

I hope that helps! Let me know if you still have any questions.

​Please also take a moment to leave a positive rating for me, 5 stars are always appreciated, thanks!

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Hi! Just checking in to see if you have any more questions? I hope I was able to address all of your concerns. Please let me know, I'm here to help. Thanks!

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Customer reply replied 7 months ago
the idea would be to send a formal letter to said personal and ask them for presidental pardon therefore having restoration of rights?

Yes, that's correct.

You would draft the letter and send it to the address listed above.

I hope that helps!

Please remember to click 'Finish' and leave a positive rating so that I can be credited for my help with your question. 5 stars are always appreciated, thanks!

Nisha Jones, Esq.
Category: Criminal Law
Satisfied Customers: 2,762
Experience: Managing Attorney at a Law Firm
Verified
Nisha Jones, Esq. and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 7 months ago
Ok thank you

You're welcome, no problem! If you have any more questions in the future and would like my help, please feel free to reach out to me here at JustAnswer by posting a new question, and adding "For Nisha" to the first part of your question. Best of luck to you, take care!

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Nisha Jones, Esq.
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