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Ellen, Lawyer, Consultant
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i am a convicted felon with a full parden minus gun rights

Resolved Question:

i am a convicted felon with a full parden minus gun rights in the state of georgia.according to the constitution i have the right to bare arms,how do i get the state of georgia to reconize my right to bare arms? and get it to where i am legal according to law??
Submitted: 7 years ago.
Category: Legal
Expert:  Ellen replied 7 years ago.

Federal law prohibits possession of a firearm by a convicted felon or by a person who was convicted of a crime punishable by more than one year in prison. This is regardless of state law on restoring civil rrights.

Federal law supersedes state law and provides as to firearms in 18USC922:
It shall be unlawful for any person--
(1) who has been convicted in any court of, a crime punishable
by imprisonment for a term exceeding one year ...
This subsection shall not apply with respect to .... a person who has been granted relief from disabilities pursuant to subsection (c) of section 925 of
this chapter.

Section 925 provides:
(c) A person who is prohibited from possessing, shipping,
transporting, or receiving firearms or ammunition may make
application to the Attorney General for relief from the
disabilities imposed by Federal laws

The botXXXXX XXXXXne is that if the crime was punishable by a prison term of more than one year or was a felony, it is not legal to have a gun anywhere in the USA absent permission from the US Attorney General. This is true even if you receive a state pardon or had your civil rights restored by the state.

If you have additional questions, please do not hesitate to submit them to me directly.

Thank you,
Customer: replied 7 years ago.
i was never incarserated for 1 year nor convicted for 1 year
Customer: replied 7 years ago.
i done 90 days probation detention and 6 years probation no parole involved
Expert:  Ellen replied 7 years ago.
Yes but you are a convicted felon. A convicted felon can only have gun rights restored by the US Atty. Gen. It is not frequently granted
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