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I am a federal convicted felon from 1996 can i get my gun…

Customer Question
I am a federal...

I am a federal convicted felon from 1996 can i get my gun rights and civil rights back ..

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Florida

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

No .. Never tried with a lawyer

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

It was coon hunting with a 22 gun and a silencer on the gun which was handed down from my dads dad if that helps .. What we were charged with is possesion of silencer and no serial number on it .. But like i said the gun was handed down and the gun had on it already

Submitted: 4 months ago.Category: Criminal Law
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Answered in 8 minutes by:
11/21/2017
Criminal Lawyer: Barrister, Criminal Defense Law replied 4 months ago
Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 41,023
Experience: 17 years practicing criminal defense.
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Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

In order to get your rights restored, you would have to file a petition with the Governor for clemency. There are a couple types, including a full pardon, which would restore all civil rights as well as state gun rights.

.

However, when it comes to firearm rights, it is important to always remember that there are two rights. First, the state right, and second a federal right. While the state pardon may restore a state right, the federal right has not been restored. Or at least this is the position of the federal government in regards ***** ***** state statutes. The U.S. Department of Justice position on this has always been that for these types of pardon statutes no federal firearm rights shall be restored.

.

Although convicted felons lose their right to gun ownership under federal law, they can apply to the Bureau of Alcohol, Tobacco and Firearms for what is termed "relief" from the disability of not being able to purchase or own a gun. In order to have any such relief granted the circumstances of their crime and felony conviction must warrant the opinion that they do not present any danger to the safety of the public. However, even this situation is complicated because the ATF is currently prohibited from "the expending of any funds to investigate or act upon applications for relief from federal firearms disabilities submitted by individuals." With that said, the ATF does not currently have any funding to "act upon applications for relief from federal firearms disabilities submitted by individuals" effectively making this option of restoring felon gun ownership null and void. The law is there, but they intentionally don’t fund it to prevent its enforcement.

.

Hopefully the current administration may make some changes so as to fix this problem..

.
So while you might not be in violation of state law for possessing a gun if you got a pardon, 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 be denied since it goes through the ATF. But if you bought a gun privately, and were arrested for some type of state offense, then they couldn't charge you for felon in possession because you would not be a felon under state law due to the pardon.

.

This is a link to more information on clemency and asking for a pardon:

.

https://www.fcor.state.fl.us/clemencyOverview.shtml

.

.

thanks

Barrister

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Category: Criminal Law
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