How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 37051
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
19958803
Type Your Legal Question Here...
Barrister is online now
A new question is answered every 9 seconds

On March 29, 1960 I received a 10 year suspended sentence in

Customer Question

On March 29, 1960 I received a 10 year suspended sentence in Oklahoma
On March 16, 1970 I received a letter from the Department of Corrections regards ***** ***** obligation. Notified I should apply for executive pardon after 3 to 5 years.
On February 24, 1976 retained a law firm for purpose of obtaining an executive pardon and expunging prior record.
On June 7, 1976 Received a Certificate of Pardon from David L Boren , Governor State of Okla.
December 15, 2015 was Denied my application to purchase a firearm in Tempe, Arizona..
My question is why? The pardon restored all rights of citizenship 39 years ago...
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year 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. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

.

As a firearm owner myself, I always hate to have to give someone tough news about their firearm rights after a felony conviction.. But 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 expungement/pardon statute 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 expungement statutes. The U.S. Department of Justice position on this has always been that for these types of expungement/pardon statutes, no federal firearm rights shall be restored.

.
So while you might not be in violation of state law for possessing a gun, 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. 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 are not a felon under state law due to the expungement.

.

So if all your rights were restored by the pardon, you could possess a gun under AZ state law, but would still be unable to purchase a gun through a dealer because the ATF is a federal agency and your rights haven't been restored at the federal level. But if you purchased a gun privately, as long as you were never charged with any federal law violation, then you would be legally able to possess it.

.

.

thanks

Barrister