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I have my gun rights takeing in 1998 who is the right

Customer Question
I have my gun...

I have my gun rights takeing in 1998 who is the right attorney to contact to restore my gun rights.

Lawyer's Assistant: In what state did this occur?

Wa

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

I was going through higbee& associates but i have seen some bad reports on them.

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

No my phone number is(###) ###-####

Submitted: 5 months ago.Category: Legal
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Answered in 5 minutes by:
12/17/2017
Lawyer: Barrister, Attorney replied 5 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,593
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

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.

.

What was the underlying offense that took away your gun rights?

.

Were you convicted of a felony? or domestic violence?

.

.

thanks

Barrister

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Customer reply replied 5 months ago
felony Possess of a controlled substance
Lawyer: Barrister, Attorney replied 5 months ago

Ok, let me do a little research to see what your options are..

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Lawyer: Barrister, Attorney replied 5 months ago

You are eligible to petition to have your gun rights restored if it has been five years since your last conviction and you have no criminal charges pending. In order to restore your gun rights, you have to petition the County Superior Court for restoration of 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 expungement 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 statutes no federal firearm rights shall be restored.

.

Although 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 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.

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So while you might not be in violation of state law for possessing a gun if you get your state rights restored, 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.

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So with any luck, the current administration might take some action to either fund the program or change the laws. But at this point, it would still not be able to get your gun rights restored under federal law.

.

.

thanks

Barrister

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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,593
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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