I’ve blogged previously about the Britt and Whitaker cases. Britt held that a particular convicted felon retained his right to bear arms under the state constitution, and that G.S. 14-415.1 — which purports to prohibit all felons from possessing firearms — was unconstitutional as applied to him. Whitaker rejected a similar claim made by another convicted felon and made clear that Britt was an exceptional result, driven by the fact that the plaintiff in Britt had committed a single, non-violent felony many years earlier, and had since remained completely out of trouble.
Rather than wait for the courts to accumulate case law about which felons are entitled to possess guns and which are not, the General Assembly jumped into the issue during the just-concluded session. It enacted S.L. 2010-108, which attempts to clarify and limit the circumstances under which felons may retain or regain their gun rights. The statute appears to be consistent with the thrust of Britt and Whitaker, although I am sure that it will be challenged by someone who falls outside its scope.
My colleague John Rubin has drafted the following excellent summary of the legislation, for those interested in a bit more detail. I grateful for his willingness to share it:
[The law] [a]mends various statutes, described below, to allow people convicted of certain felonies to apply for restoration of the right to possess firearms and to create an exception from the firearm restrictions for certain white collar criminal convictions. Provides that changes become effective February 1, 2011, and apply to offenses committed on or after that date. Also directs North Carolina Attorney General, effective July 20, 2010, to request the U.S. Department of Justice and other federal agencies to review these changes and determine whether a person who qualifies under them may purchase and possess a firearm under federal firearms restrictions.
New G.S. 14-415.4 contains the new restoration procedures. The new statute gives the responsibility for hearing restoration petitions to the district court in the district where the person resides. New G.S. 14-415.4(i) states that restoration does not constitute an expunction or pardon, and G.S. 14-415.4(l) states that the knowing and willful submission of false information is a Class 1 misdemeanor and permanently bars restoration of firearm rights.
The initial prerequisite for restoration is that the person must have no more than one conviction for a “nonviolent felony,” which does not include any Class A, B1, or B2 felony or any Class C through I felony that involves an assault as an essential element, possession or use of a firearm or deadly weapon as an essential or nonessential element, or other specified circumstances. Multiple nonviolent felony convictions arising out of the same event and consolidated for sentencing count as one felony. A person is ineligible for restoration for various reasons listed in the statute, including having been adjudicated guilty of or having received a prayer for judgment continued or a suspended sentence for one or more misdemeanor crimes of violence or other listed misdemeanors. To obtain restoration, the person must have had their civil rights restored for at least 20 years, which typically occurs automatically under G.S. 13-1 following a person’s completion of all incidents of his or her sentence. The new statute also states that a person who was convicted of a nonviolent felony in another jurisdiction is eligible for restoration if his or her civil rights, including the right to possess a firearm, have been restored for at least 20 years in the other jurisdiction; this provision may inadvertently make the waiting period for restoration of firearm rights in North Carolina considerably longer for people with convictions from other jurisdictions because they may not be able to obtain restoration of their firearm rights in the other jurisdiction for some time after their citizenship rights have been restored there. New G.S. 14-415.4 establishes other criteria a person must satisfy to obtain restoration of firearm rights, such as a one-year period of residency in North Carolina.
The act amends G.S. 14-415.1 (possession of firearm by a felon) to provide that a convicted felon whose firearm rights have been restored is not subject to the prohibition in that statute; similarly, the act amends G.S. 14-404(c) (handgun permits) and G.S. 14-415.12(b) (concealed handgun permits) to provide that people whose firearms rights have been restored are eligible to obtain the indicated permits if they meet the other criteria for issuance. The act also amends the above statutes to exempt from the firearms restrictions felony convictions pertaining to antitrust violations, unfair trade practices, or restraints of trade. People convicted of these felonies do not need to apply for restoration of their firearms rights (unless convicted of other nonviolent felonies); the changes exempt them from the firearms restrictions.
Tags: Britt, felons, firearms, guns, second amendment, whitaker
i was charged for a few counts of b&e in nc in 1990 and it is 2010 and i have been trouble free and plan to for the rest of my life!! how sincere can i possibly get?everyone messes up it is the proving factor thats legit in my personal opinion.Can THE ABOVE written possibly apply to my situation?Is there a glimmer of hope for me?I dont want a pistol i just want to be able to hunt thats all,Its been 20 years and i havent been in anymore trouble that should count for something,I just would love to have a second chance and get my rights back.feel free to email me at jammer28nc@yahoo.com, GOD BLESS
yes i’m a convicted felon but this was back in 1978, i did everything i had to do from what the courts gave to me, since 78 i hav’nt been in anytype of trouble not even a traffice ticket. i would love to get my gun rights restore its been 32 yrs since i been in any trouble and by the way it was’nt a violent crime or a rape or drug related . i have heard that some people how are felons have gotten thier rights restored. i can get a gun anytime but i want to be legal. its so scary nowadays more crime is developing everyday and most of it is violent crime i feel so helpless cause i really dont have anyway to protect myself or family’ i’m 55 yrs old so theres no way i would be able to fight off a younger guy if was to try to fight him and if thiers more then 1 person i’ma goner. i wish somebody out there would help us out. chrismosc1@gmail.com.
chris lets start a petition on a website and get every felon we know to sign and comment on it to fight back for all of our gun rights!!!its a free privilege that they are wrongfully striping us from.i just dont know what else to do!!!………..gibbs…….2nd ammendment rights are our privilege even for the ones that has made mistakes!!!!
I’ll sign. When do we get started?
Im in, 20 years, is he nuts
I will sign as well. Anyone that is trying to turn their life around deserves a second chance just like anyone else. Some of these people that come up with these rules need to put them selves in our shoes or if something was to happen in their family where one of their loved ones was in this type of situation and what they would want for them. I can see why not restoring to crimes against other people or children, drug offenses, or murderers and any other crimes that involves assault on other people. Just think about it.
I am a felon i had a petty drug possession charge in Alabama. I was convicte in 2008. I was sent to prison and eosd my sentence in 2010.I havent been in any trouble since i was charged in Nov. 2007 Am i a good candidate ?If so what steps do i need to take.
I’ll sign it…It’s the right thing to do….we have the right to protect our families….teach our sons to hunt…..we need to have the ability to protect our homes if(God forbid) a foreign invasion. Not all of us are complete nimrods…because we didn’t go back..we became productive members of Society….some of us do Community services…without being charge with another crime…it’s just high time that we are once again identified as Citizens…We pay taxes too don’t We?
I will sign too. I fill just like one of the blogs i read earlier, at what point even after jail time, restitution,and probation have we really paid our debt to society. It’s bad enough that it follows us in the job maket especially any type of decent job. It would seem when i got 30days 6 months of intense probation and 3yrs supervised probation. Once it was exspired I would fully have my life back(Gun Rights/no job discrimination)WRONG. We should petition lets show them we aren’t ignorant and stand up for our right.. It’s written in the constituttion. 2nd Amendment
I’ll sign this to. This is just not constitutional to have our 2nd amendment RIGHTS taken away from us. What’s next? Get arrested at a protest rally and have your freedom of speech taken away! I don’t know who comes up with theses laws. They can’t just take away peoples rights after they’ve already paid their debt to society. Something needs to be done to change this.
I am also a convicted felon. I now have a wife, several children, coach little league a own a very reputable company.. should I not be allowed to protect my family?
I agree. We need to organize and be united. The past is the past. I ma a convicted felon and last committed a crime in 2003 (Robbery). I served 6 years in prison, it’s been tough to find a job or “forgiveness”. One example of this is the removal of “my god given right to protect myself and or hunt for my own food”.
At what point has a felon paid his/her restitution to society? And where did this “notion” come form that if you have committed a crime, you can “never” be trusted; after all, ALL criminals were once law abiding people.
Lastly, lets look at horrors that have been committed using a firearm by people “without” a criminal history?
Taking firearms and removing “rights” will NOT PREVENT crime….only those of us who “CHOOSE” to change our behavior will change the crime rate….look at the “war on Drugs”….has it stopped the use of or flow of drugs in America?
What about those who are running OUR country bankrupt, spending more than half again what we generate??? Do you have to be a convicted felon to be a “criminal”
Thanks and God bless…
You said it all !!!!!
I’m currently in Afghanistan straight from Iraq. No one ever complains about any body that carrys a M16, a american worker escorting convoys, or a american mechanic sleeping in harms way to keep the wheels of democracy turning. Lawyers, politicians, and many americans wearing name brand suits enjoying freedom thats being hard earned by the very people that will be denied the basic freedom to defend themselves in their own home, once they return to the UNITED STATES.
can anyone shed more light on the subject of getting gun rights restored
to a felon? I have been reading info about it. If the above is true, where do yo go to file for restoration?
Thanks in advance for the help
I was arrested in my teens while I lived in NYC. All stupid stuff. I went on to become a NYC Corrections officer after many attempts. I had a exampllary record until I was appointed a CO. I believe that certain felons should be allowed to apply for a carry permit. Like myself, I did stupid things when I was young. If 20 years has past since the felony and it wasn’t a MR&MRSBAKE felony, why not have an a governor amnesty program set up that will relieve that person from “his/her disability.” Make it 20 years of good standing in the community and then issue something from a judge such as this amnesty.
Just a thought.
i have applied a few times to have my rights restored thru the governors clemency office .i haven’t had any luck with that yet.i was convicted of some felonys when i was 15 yrs old.i am now 33 with 3 kids and a very reputible job.i am unsure exactly how the new law that takes place in feb is gonna effect me.i want to be able to hunt.more important i would like to obtain a passport where i could travel to any country and as it sits some countries i won’t be able to visit because of my “troubled youth” convictions …….shed some light if you can plese
I couldn’t agree more. Anyone who has paid his/her debt to society and has proven themself a law abiding citizen should have every right restored. Especially, if is for something done while young and foolish and/or time past. We all make mistakes and we all change over time. As much as some would like to believe, our society is not perfect, but this legislation is a step in the right direction. The courts are not infallible either, which has been proven through (new) DNA evidence. In NC it is a felony to rake and take pine straw from someone without permission – but you might get away with it if you have a “lucrative” legal defense or the “right” political connection.
Anythin new on this? I also did some stupid things when i was younger18-20 that got me a felony conviction. I never knew at the time how much this would affect me later in life. I now have a family, own a buis and pay taxes been over 20 years. With the events in the world today, i should be able to buy a gun “legally” to protect myself and loved ones. I have paid my debt to society…
i would like to get my gun rights back
I was arrested in 1984 for 3 charges. 1) no driver license, 2) auto theft, & 3) hit & run.
All 3 charges were combined into 1 case and then the court ruled nolo prossed, I am assuming that means not prosecuted and charges were dropped. Here is my problem, even though the charges were dropped i am still unable to purchase or own a firearm. Why is that? How do I go about geting my rights to carry restored. The case mentioned above took place in Florida. NCIS still prohibits me from purchasing a [handgun]. Who do I talk to in order to resolve this?
I was convicted of a class H NC felony in 2007. Is it legal for me to own a black powder rifle, shotgun, and or pistol. Also, can my wife keep a firearm in our house as long as I do not have access to it?
The answer to your question is NO!!! Me and my husband just went through this if you live in the state of North Carolina then it is illegal for a firearm to be any where near you ie; your car, home, possession as long as you are around no.
UNDER THE PRIMATIVE HUNTING LAWS ONE IS CAPABLE OF OWNING A MUZZLE LOADING BLACK POWDER RIFLE. I’VE ACTUALLY CALLED A REPUTABLE GUN RANGE AND GUN SHOP TO BE ABLE TO GET THAT ANSWER.
They gave you bad information… The powder it takes to load the firearm is considered an ‘explosive device’ and is ‘illegal’ for a convicted felon to own…
You need to check with someone who knows ‘federal gun laws pertaining to felons’..
My husband was previously married and he purchased a gun without proper paperwork in nc at a gun show. He had his back ground and id and the man was leaving the show and so was my husband emptied handed so he asked if he had what he wanted a very small hand gun and he did. My husband filled out a piece of paper and the man took a copy of my husband drivers livenses and background check told him hed receive the bill of sale for the gun in the mail because he had packed up his laptop and printer. He gave my husband a business card and wrote on the back make model id number amount paid how was paid when and where signed by him. My husband never received the paperwork but he was on the way home and was pulled over with the gun. And got in trouble. For rec/poss a firearm.
A year later (My husband was previously married) when they had their master spat he had purchased a firearm from her step dad he received the paperwork to fill out properly and the started the process of legitimately own it. He took the firearm to the home because of the crime that had happened in their neighborhood. Three days later they had their arguement he called the law because things got out of hand and he couldn’t resolve it alone. When the police got there they asked if they could go inside and they seen the gun box on top of the dresser as the exwife talked to the police. He took the wife in to commit her and the police ran the cerial numbers and found out it was stolen. Before she was took in for help the officer seen it and she stated he had bought it from her step dad. They got a divorse but he had to take the punishment because they didn’t show up for court.
My husband got in trouble and that’s it its been seven and a half years he got his divorse eight years ago married six years ago and got off probabtion a year early never failed a drug screening and paid all his fines did his community service and according to the director of probation he uses his story as a example of the probation program used successfully. Has sinced received his two year associates degree as well. He hasn’t been in any other trouble he has bought a home and paid for it and has a successful business and been married to be for five and a half years he would like to get his rights back but most importantly would like to get his record expunaged. Any online legal advice or suggestions? We know its going to be priced and are well prepared for that!
When i was 17 (in 2001) i was arrested for breaking and entering. Due to that i havent been able to get steady employment the last 4 years. I would like to have my gun rights back, as i never really had them to begin with. More importantly id love a job. I’ve been engaged for 6 years and she’s stuck by me when most wouldnt have. Due to no work its not looking like we can get married anytime soon. Its just rediculous that a mistake made at an early age, before you even legally considered an adult can still haunt you when you are an adult. And Harry, no you can’t own one because its considered an “explosive” and a felon cannot reside in a home where a firearm is kept. I’d be glad to sign that petition! I’m so sick of being judged based on a stupid mistake
I was convicted of stealing beer when I was 17 in 1973 or 38 years ago. I currently hold two state licences,have been self employed for over 32 years, am a respected businessman,have put 2 kids through 4 years of college,one of which was a criminal justice degree,have been married for 29 years, dont drink or smoke and have never been in any more trouble.I have not even had a traffic ticket in 20 plus years. Non violent felonies should not be life sentences. These laws need to be revised so that people who demonstrate that they are productive citizens can get another chance and to have the felony removed. I have written letters to all of the legisltors including the Gov. and three Presidents.I made a stupid mistake as a teenager which I made retitution for and this has followed me throughout my life. This is the only thing I am aware of In life that does not go off of your record after time. If you mess up your credit that can be corrected over time. If you get speeding tickets when you are young that also can be corrected over time. It is time to change all felony laws now. I am not a criminal but a 55 year old tax paying law abiding citizen.
please contact me if you are up for fighting back… manfangle@gmail.com
When my husband was 16 he got a felon b&e and he did some time for it when he was 33 he was got caught with a gun and took a plea to do time on state only to find out on his release date that the federal government picked up the charges he was sent to court did house arrest for 10 months while working and reported on time everyday just to get a sentence of 68 months more in a federal prison. What is going on why is he was told due to the fact that he was a felon when he was sixteen that he was given so much more time. I feel like that is not right he did his time and was not in any trouble so why is he being punished twice for the same crime?
Hi everybody. I was convicted of a nonviolent felony 10 years ago when I was 19. I am trying to start a movement to petition our government on many issues concerning felony convictions. On our own we are only one voice at a time, but together we can be heard. Most people walking around today with a felony conviction are people who made one bad mistake in their younger years, but they continue to serve a life sentence, one that effects their everyday lives. We cant just sit back and take this anymore! For anyone who is passionate about fighting back, please email me. We need to start somewhere, and we need to be loud! You can reach me at manfangle@gmail.com together we can fight back!!
I’m in!
I totally agree. I was convicted of a cont sub. Possession charge when i was 18. I did my time and poroll, never was in trouble again. Im 34 years old now and i still cant skeet or trap shoot legally. Insanity. Ive never hurt anyone in my life!
I’m a 56 year old male. Have two felonies, both non-violent and served 10 months for one, and paid a fine and community service on the other.
The problem is not only the gun grabbing Congress and State Congresses, but the fact that we, today, have a hugely private controlled prison business.
Prisons are mostly private businesses today. The Legislators have made an enormous amount of laws that were once simple misdemeanors into felonies. They want to take your/our guns away. It has nothing to do with crime. It is an attempt to disarm the general public. People without guns can not fight back. It is a blatant crime what they are doing. I believe, just my opinion, that if you do not use a gun in the commission of a crime, there is zero need to take that right away. If you use a gun in the commission of a crime, you deserve to lose that right, for that person is a proven danger to society. Unfortunately, we are all balled into one category = a felon.
I’m not sure what can be done, if anything, but a petition with all of us participating sounds like a decent start.
I have not since, even had a parking ticket. Yet, I’m not allowed to protect my property or myself or family from robbers that would break into my home.
I would like to know why is it when you get your “rights back”they dont give you your 2nd adimt right back for at least 20 years after you get your civil right.Ihave had my civil rights back since 1995 and here it is 2011 and Ican not buy a fire arm nor have a ncccp .Could you please help whickernate@yahoo.com.
Thank you..
im in
IM A VICTIM OF THE DRUG WAR.. THEY CAME TO MY HOUSE…TO SERVE A WARRANT FOR SOME GIRL THAT I NEVER HERD OF… THEY WERE 2 MILES FROM THE CORRECT ADDRESS THEY WERE SUPPOSED TO BE AT SURROUNDED MY HOUSE WITH GUNS OUT FRONT AND BACK DOOR AND AT MY BACK WALL I HAD 3 INCH TALL PLANTS 12 OF THEM…THEY STOMPED ON ALL THE RIGHTS EVER SOLDIER.. HAS DIED FOR US..!!! WE THE PEOPLE….THE LAWYER PLAYED ME THE COURTS JUST RAN ME THU HELL I HAD NO IDEA HOW SCREWED I WAS THIS SHLD HAVE NEVER WENT TO COURT I HAVE NO RECORD OTHER THAN THAT…HAD A 60’000 A YR JOB.. IT’S BEEN 6 YR’S SINCE I HAVE HAD A JOB TOO CAUSE OF IT,,SO SCREW THEM WHAT RIGHTS DO WE REALLY HAVE…??? IF THEY CAN DO THIS TO ME… IN MY OWN HOME AND NOW IM A FELON I WILL HUNT BUY GUNS ALL I WANT MY HOUSE IS FULL OF GUNS AND FOR MY SAKE AND THEIRS THEY WILL MAKE SURE THEY NEVER MAKE THAT MISTAKE AGAIN THAT IS A PROMISE…I WILL LOSE IN THE END BUT BYGOD THEY WILL BE SURE THEY GO TO THE RIGHT HOUSE NEXT TIME THIS HAPPENS TOO MUCH!!!!!!!!
Can a homeowner who is otherwise legally able to own firearms keep a firearm in his / her home if a boyfriend / girlfriend also living in the home is a felon?
Can the firearm be kept readily available for defense by the homeowner?
If a home invasion occurs, and the conditions for the use of deadly force are present, if the felon partner grabs the gun and kills such a home invader, will either / both homeowner and felon resident be subject to a charge of murder, due to the felon, illegally possessing the firearm which he / she used to repel the attacker, having thereby “killed a person in the commission of a felony”?
The answer to that question in Virginia is NO! The VA Supreme Court has decided that if a felon is in proximity to a firearm, that he has access to the firearm even if he is not the owner of the firearm then the felon is considered to have control of the firearm therefore the felon is in possession of the firearm. You should check the nc supreme court decisions on this issue and check to see if the state code is clear on the issue.
Same things just happened to me. I was convicted of a non-violent felony 12 years ago and recently applied to have it “set aside” and my gun rights restored. I just received a letter from the Tucson AZ Judge that my conviction is set aside, all rights restored EXCEPT my gun rights. I will follow up on this, as it seems unfair and unconstitutional.
I don’t necessarily want a gun, but I don’t like being denied my rights.
I don’t have money for lawyers, any suggestions??
Hi.
I am in the same situation as everyone else. I am sure there are enough felons in this country to push something through. It will take time and money – that is what our judicial system revolves around. Maybe some one can organize a group. maybe a business owner can start with some money, maybe everyone who post here can put up some money.
There are 5.3 million registered felons in the USA, If only 1,000,000 felons put up $100.00 dollars each. That will buy our gun rights back.
I will donate 100.00 to get my rights back
I’m in. I have a 6 year old Felony DUI that was not handled well by my “lawyer”. I am trying to get it reduced to a misdemeanor, and I hope that will restore my gun rights. Non-violent felons need to get together to make a change to this. I can’t protect my family, or hunt, or just even have a toy because I drove after 4 beers six years ago? I will pay whatever, whenever. Lets get this organized.
my name is jason i was conviced of felony-dwlsr traffic voilation and i beleave as americans we all need to pull together and change the felons gun right..It is now 2012 we all did our crime and did our time this 20years is just another way to keep guns out of our lives but come on we all need to stand up for our right now and change it… lets fight back and get our rights back now like our black president says its time for a change so lets change it
im fighting back who’s with me??????????????????
http://www.ipetitions.com/petition/felons-gun-right-back/
I’m 27 years old. And I too was convicted of a non violent felony. I was convicted when I was 18 . I turned my life around, even tho being a felon is hard on looking for a job, I’ve always had one. I feel that I’ve lost so much, I’ve learned my lesson
i was convicted of a non violent felony at 18 since i have served in the armed forces (they had no problem waiving my felony) and left with an honorable discharge after 6yrs, 2 of which were in iraq and 1 in afghanistan. I have been a successful business owner with a flawless record yet i cannot own a gun to protect my own family or hunt my own food. My request to have my amendment rights restored has been denied. Today is a sad day for our country for they have now perfected the way to turn an honest man into an outlaw. May god have mercy on all our souls…………….
Amazing but not really..White collar criminals that cheat and steal millions from investors and tax payers can get their rights back but everyone else can’t no matter how long it has been since the event. More discrimination and you guys are buying into it. The only way to get rights back is to take them back with political action committees and lobbyist paying the lawyers to pay the judges to pay the politicians. (not necessarily in that order). So if you (we) really want to do something about this disenfranchisement we must put our money where our mouths are and stop whining or begging for something back the government had no right to take in the first place.
I’m ready..are you!
I alike many of you are in the situation where all my rights have been restored except the right to bare arms… It has been many years since my conviction (1997). I applied for clemency and spoke directly to the governors office only to hear rediculas denials that since I served in the military I was more of a threat than most. I no longer live in NC, but what I find more amazing is one felony that may be against the law in one state is not a crime at all in another, and yet I cannot own a firearm in any state.
All these laws do is force people who want to protect themselves and participate in cultural traditions such as hunting, to hide and in my opinion become a larger threat. would it not be easier to let everyone own weapons, and keep records of where those guns are? I do not consider myself a danger. I actually fear a lot of people who carry firearms daily, but there is a basic right by our forefathers to protect ourselves especially against a government that no longer supports our rights or beliefs. This stuff really stirs me sometimes and I wonder what these people think creating these unconstitutional rules that I think are meant to be broke. Even Roman slaves captured from enemy tribes had the right to gain full citizenship. …and from that example I say… we are doomed as a society if we cannot fix issues like this. People are so afraid of the majority that they will not do what is right for the people. That is the true crime. Here’s one thought… there are more first time offenders than repeat offenders… I would not be suprised to see every firearm removed in the future from every citizen.
i agree with all my felo felons, I threw a cup coaster at my damn neighbor in wellesley and got a felony ( Assault and battery with a dangerous weapon), so when ever you guys get this petition please let me know.
http://www.ipetitions.com/petition/felons-gun-right-back/signatures here what every body wants so please sign and we will get this started i have 28 signitures so far
Hey jason My name is Jason feel free to hit me up on facebook under Jason M Drake I am the one with a close up of a dogs face as a profile pic I was gonna change it but I will leave it a couple of days for you to spot mine easier. I have been pushing your petition on my friends. I would like to talk outside of the public view. Lets start with facebook and then I will give you another way to contact me. We may be able to push this even f a little further.”legally”
Hello
I was an antiques dealer for 20 years , i sold an indian lance to a collector,the feds got me for trafficking in eagle parts which is not true to begin with,i sold an artifact he bought an artifact,neither of us would have any interest in eagle parts,also the lance was 200 years old and that is not my opinion but the feds state this.there is absolutly no connection what so ever to the distruction of eagles and any antique dealers ,and neaver will be,charged with a five year felony.
I go to court and the judge tells me you can have a trial but the only thing you will talk about is did you sell the lance or didnt you and the jusry will be instructed to do the same-so this is the fair trial i have a constitutional right to,they know in a fair trial i would be released.then!it gets better! he states also if you choose a trial you will receive an extra 6 points over pleeding guilty -you are penalized for the fair trial you have a right to-6 points in the federal system put me in prison and not even the judge can intervene,i go straigh to prison .Extorsion in its best!!! forced to plead guilty to a crime i am not even guilty of to stay out of prison , even consulting an attorney from that town i was told yes in that court with that judge you will go to prison if you go to trial.now i am a fellon,hunted all my life and i crave the outdorrs and love firearms and also have the greatest respect for wildlife,i would turn anyone in for harming an eagle.now comes the best part,same court same agent ,two men are caught shooting eagles cutting parts off,go into this court charged by the same agent and prosecutor, both walk away with mesdomeanors and small fines ??? this is a true story and i can prove every word with court records,and dont say you can fight them because you cant ,two guys who did spent $300,000 and $500,000 and they fight you with your tax money and dont care how much it takes , both went broke and one now lives in one of those adult comunities with social security of $1200 a month ,that is what he gets for a lifetime of hard work.he commited the same crime i did,
fear the feds and dont even think about messing with migratory birds because they come under the same laws.
so what do i do now a good honest family oriented man who worked hard all his life and now this is my reward??? how do i get my gun rights back,right now i cannot hunt even with black powder here in michigan.
Thanks
Tom Hampton
Hey everybody welcome me to the family im a felon life is very hard for me finding jobs getting pull over by cops for lil things like seat belt or lil over the seed limted y cuz felons get treat different . U guys notice that being a felon cops,bosses,goverment ,and even most of the rich people treat u like ur not even human being i know i messed up in life n i gave up when i caught my first felonie driving with sepended lic 5 times just trying to get to work and pay bills and from there on then i new my life were over with. its sad that people can come down from mexico and other places, who knows how many people they killed, and come down here and get legal n be come police officers working for government and more. maybe a second chance will come for us felons one day we all should be one n not be judge on misstakes dnt get me wrong most people killers and with bad crimes should alway be looked at that way but most felons are not bad people i can see by reading the post comments maybe we felon can come togather and instead of posting comments on here we can let the world know how we feel n some of us deserve a secound chance, buy sending our local news station letters or post comments all of us n it will get to some high like president. god bless.
United States v. Bass – 404 U.S. 336 (1971)
The above case refers to federal prohibitions. Under federal law felons are only prohibited from possessing certain firearms, not all firearms.
Federal law only prohibits from possessing firearms that have traveled (at any time) in interstate commerce. So if you buy a gun in a state where it was made, and it never traveled in interstate commerce (by mail, fedex, ups, etc.) federal law doesn’t prohibit possession by a felon.
Note: the same applies to ammon, but you can make you own by reloading .
I too would sign it. I live in CO and have a misdemeanor harassment charge attached with domestic violence for an argument! Ive proven myself man times and even had probation dismissed early in good behavior. I no longer have the option of joining the miltary because of this BS but I work as a contractor and am about to ship out for the third time. I can work for the government and hold a top secret clearance but cant have a firearm in my house. I too would like to defend my family and house hold when needed and teach my boys how to hunt. Something needs to be done because its getting out of hand.
I too am interested in this topic… I am female and currently on parole for a “felony” I plead to. First ever (49 years old)…. I basically obtained a pain medication fraudulently from my physcian….wasn’t selling them…was taking them(obviously more than I should have)…went to one doctor while I was being treated by another….and I was arrested…and imprisoned. I am very concerned about this BLOT on my social record…this scarlet letter per se…I would understand the loss of my rights while on “paper”…but after that has been completed… I should have my rights restored…the right to protect/defend myself!…..there is something wrong with this whole scenerio!!
YOU ALL NEED TO KEEP A EYE OUT FOR MY WEBSITE TO LAUNCH.. AMERICAN2A.com, WE WILL BE FOCUSING ON SPECIC GUN RIGHTS ISSUES ONE AT A TIME.. ONE OF THE FIRST THINGS WE WANT TO TAKE ON ON IS GUN RIGHTS FOR NON VIOLENT FELONS. WE WILL BE ACCEPTING DONATIONS TO GET SOME LEGAL ACTION GOING ON BEHALF OF THIS ISSUE. THEIR MAY BE AS MANY AS MANY AS 15 MILLION NON VIOLENT FELONS IN THIS COUNTRY! THAT IS ALOT OF PEOPLE NOT ALLOWED TO DEFEND THEM SELVES OR THEIR FAMILY.
SPREAD THE WORD WE NEED TO RAISE ENOUGH MONEY TO GET SOMETHING GOING AND HET PEOPLE ON BOARD ANDNUNDERSTAND WHAT DISQUALFIES PEOPLE FROM OWNING GUNS. MOST THINK IT’S JUST VIOLENT EX CONS WHEN THATNIS NOT THE CASE AT ALL.
Hey. I am 31 and was convicted of B&E of and larceny of a motor vehicle back in 1999.. i was 18 then.was a felony and my sentence was 6 to 9 months .. ok so anyway. i have been married for 12 years and have had 5 beautiful children. And not been in any trouble since then.. and that was the first time i had ever been in trouble. Well.. a few years ago me and my family went to walmart.. and my husband is a avid hunter.. and a minister on top of that… well he wanted a new gun.. and relized that he had left his wallet and ID at home.. so he said honey.. get this for me.. so i did.. filled out the paper work for a 30 30 and they called it in to the FBI and i walked out of walmart with a 30 30.. ok well 2 weeks ago.. we needed a little money for food and such.. so he sent me to the pawn store with one of his 22 rifles and i pawned it… no questions asked… anyway.. i went back to go pick it up yesterday.. and i filled out the paper work for the FBI and the pawn store people called it in and said i could not leave with the gun and that a FBI agent was going to come to our house after he stopped by the pawn store to get my info….so my question i guess is the gun i pawned was in my husbands name. Can he get charged for anything…. and can i get charged for anything… we are still waiting for them to come to our house.. and i thought…. i just could not own or posses a handgun….i never have for the record…. but anyway this has got my children scared and me and my husband are really scared that they are going to arrest me and him both. can anyone please shed some light on this for me PLEASE
Yeah, you can get charged as a felon in possession. In this country once a felon always a felon. Doesn’t matter if 50 years has passed. I’ve dealt with the federal system and that charge “felon in possession” they can get you for a single bullet or being in a house with a gun in another room you know nothing about and B&E in the federal system is consider a crime of violence. Feds just ruled that motor vehicle theft wasn’t a crime of violence or they’d armed career criminal you. Their argument is “there’s a good possibly for a violent encounter” Sounds stupid but feds see it that way. My felony isn’t violent under state law but is under federal law.
Yeah, I had the same shit happen to me except i did 2 years in federal prison and had a state felony that was considered nonviolent (terroristic threats over a stupid phone call which i didnt even speak on that was threeway) Feds will hammer you over a single bullet like this guy said. Like what’s a guy gonna do with 1 bullet? Throw it? Funny thing is my Federal PO said i could be in a house with a gun if it was locked up in a safe where i didn’t have access to it (i.e. the key)
I was convicted of a felony a few years ago. Felony stalking was the charge which was based solely on phone calls and text messages. There were no threats, assaults, or any type of violence involved. Nor was any weapons involved in the incident. The charges stemmed from the other party calling me and texting me in excess of 200 times in a one month period while the DVO was in effect. I was charged only because I returned the other parties text messages and phone calls. I subsequently plead guilty due to the fact the local District Attorney informed me that if I did not plea guilty he was going to charge me with felonies for each and every one of the phone calls and text messages. I am for fighting to obtain my gun rights back and to be able to possess a firearms for self protection and hunting once again.
Everyone needs to sign this thing. Tell your friends also. Heck have your parents and grandparents sign it too. I have 20 yr old traffic violation and it was a felony.
Hi, I pleaded guilty to a federal non-violent charge in 1979 against my lawyer advice because I had a gallbladder infection and was feeling sick. I had no idea about the collateral consequences of pleading guilty to anything. During the process nobody ever mention the word ” Felony” and I had no idea of what either a Misdemeanor or a Felony meant. I just knew that if I pleaded guilty to the charge the Assistant U.S. Attorney would have recommended probation. I felt that as I wasn’t facing any jail time that basically I had nothing to loose by pleading guilty. Too late now.
Under Federal Law there are no mechanisms to get your Firearms Rights back. Under many States laws there are ways to get the right back but not for Federal Conviction. This is not right. I do believe that Congress and the States have no right to legislate over the Second Amendment.
In fact the Amendment, Second Amendment doesn’t say” Congress and the States or Congress or the States shall have power to regulate this Amendment by appropriate legislation. Our ancestors in writing the Second Amendment wanted the people of each State to possess firearms to protect themselves and protect their State without State or Federal limitations.
However, we live in a Dictatorship and Congress with the help of the Evil U.S. Supreme Court has usurped many States Rights and taken control of them without having any Constitutional Authority.
The fact is that for a minor non-violent Felony conviction we the people loose non only our Firearms Rights but also many other rights which prevent us, Citizens, to fulfill our aspirations and pursue happiness as written inn the Constitution. The Felony Statutes be federal or State,are destroying the lives of otherwise good people who have made a minor, non-vilolent mistake in the past which shouldn’t even be called Felony as in the past Felonies were only acts of violence like armed Bank robberies, violent assaults, rapes,murders and the like and as our forefathers used to mention, treason and harboring the enemies.
I believe that we should really organize as an organization seeking redress from this injustice and not just have a write in discussion. WE have to find a name for a website and start political activism in the name of the organization and start a writing,lobbying campaign directed to the members of the U.S. Congress and U.S. Senate,the media,the clergy. It has to be aggressive until we touch the conscience of our legislators.
I also urge all our friends to register to vote in their own States because almost every State now grants back the right to vote to all those who are discharged from confinement and have meed the condition of their probation.
If the politicians want our vote they have to make this right because as it is now it”s all wrong. The permanent deprivation of Civil Rights because of a non-violent conviction is a Cruel Punishment. No question about it. And then who gives the right to a few people in government, State and Federal, to control the lives of millions of people by criminalizing almost anything?
Ten years ago I asked Congressman Charles Rangell to introduce legislation in Congress to expunge all non-violent Federal Convictions. Congressman Rangell did introduce this legislation but it never went passed the House Judiciary Committee. Evey two years he reintroduced and for ten years he did the same, Not enough support. But those evil people in Congress would pass amnesty, which is Pardon, for illegal aliens who have entered this Country illegally and used fake SS Cards and other ID Cards under fake names including fake or stolen Birth Certificates, but nothing for Americans.
There is another Bill in Congress similar to the one introduced by Charles Rangel,this time introduced by Congressman Steve Cohen known as the Fresh Start Act 2449. This bill if passed would apply alsoto those convicted of States Crimes. However, it’s not moving despite the thousands of letters written to the Presidents and to almost all the members of Congress and Senate.
If we form a society, a national group, then we can accomplish something. But we have to petition the State Houses and Congress and go there to demonstrate against these discriminatory,unconstitutional, evil,regressive and inhumane Felony laws.
My felony was for drug possession 22 years ago. I am now married with children and this has been a secret I kept from my family. I own a business and am a U.S government defense contractor with a TSA homeland security clearance check for delivery of flammambles to a nuclear Navy submarine base but was denied today for attempting to purchase a .22 rifle for a surprise present for my son. This law needs to be changed I am sick of living in the shadows
Forty-five years ago I plead guilty to procession of marijuana for sale. Admittedly a large quantity.
I spent 90 days in the State DOC for observation, and, due to circumstances was granted probation and a sentence of [not to exceed] 1 year in the County jail.
The Sherriff granted an ‘early out’ and I was incarcerated 5 and 1/2 months total time served.
My Probation Officer gave me good reports. My former Real Estate employer returned me to the Trust Accounts, and I was able to repay my debts and received a Certificate of Rehabilitation from the District Attorney’s office.
I spent the next six years defending my Business and Professional license as a Realtor/Broker, not as to guilt or innocence but as the Justices of the State Court of Appeals found; “The unlawful act was fundamentally [an act] of Dishonesty, accordingly allowing the Real Estate Commissioner to revoke the Broker’s license; a requirement to perform Property Management, the only [honest] profession I had for most of my adult life.
The Lawyer’s Guild filed an Amicus brief in my behalf citing the overreaching of the Real Estate Commissioner as ‘bad law’.
In my past are several Licenses to Concealed Carry Weapon signed by at least four different Chiefs of Police. The instant matter was my only “slip”.
I am now 79 years old. My record, save this matter, has been without blemish; not even a moving violation in my State under the Vehicle Code.
When do I stop paying this debt?
You will never stop paying for it the way the legislators have applied laws. This is another means of control the government exercises upon the people. I plead guilty to arson in 1984 totaling $1500.00 in damage paid restitution. I was never told it was a felony and was lied to by the police. I was 21 years old and had no idea what was going on. I have had my civil rights restored by the Governor in Virginia but I am still not able to legally own a handgun. A time is coming when it will not matter and we as a people will have to forcibly take our country back from the politicians and judges.
Now I’m classified as a violent felon for a D felony attempted possession of a weapon, weapon type not specified. My initial charge was a C felony possession of a fully loaded operable handgun in place other than home or business I am 24 years old now and I was arrested on 7/17/2008. Now I’m classIfied as a violent felon even though I was granted a VFO which is a violent felony override which states no violence took place in my crime an was granted a certificate of relief which opens up any bars I had on career opertunities except to hold political office, Now the reason for me obtaining my pistol in the first place was I lived in a bad area full of drug addicts an gang members an I had been robbed, stabbed, my jaw fractured and numerous other incidents an I got tired of being take advantage of so I decided no more an started to carry a fire arm in my car where ever I went, I have hospital bills an police reports to back up my story which ment shit in New York court unfortunately. Now the cop who arrested me said he saw the handgun in plane site but stated he took my keys off my persons an opened my glovebox an secured the firearm an won in court go figure scumbag, which is violation of illegal search an seizure. I have his statements which have plenty of contradictions So long story short I spent two years in prison for my first offense and lost all my constitutional rights which by the way is considered a treasonable act or at least considered by our founding fathers to be, now your telling me that it’s rite that I never have my constitutional rights restored completely an you say you believe in the bill of rights and the united states constitution but you believe in gun controle and that violent felons should not never regain there constitutional rights then you a playing both sides of the fence which is your trying to be a master of two houses, you cannot advocate gun controle and support the constitution an bill of rights. If your in political office you should be impeached thrown in prison or worse because you are in treasonous territory my friend. I will being going on a crusade to make sure all excons regardless of there past if deemed eligible to return home from prison, which means your rehabilitated or you should not have been let out in the first place that after x many years of obeying the laws your rights be restored fully. Point blank people scew up an 99% of people have committed felonys or at least misdemeanors in there lifetime at least once if there either awair of it or not everyone deserves a second chance that’s what makes this country different an the greatest in this world Freedom. I am a patriot I love my country an would die for it but some serious change has to take place or if rights keep getting taken away one at a time then there is no reason for the constitution or bill or rights, then it’s time to have a nother revolution, I don’t believe it’s come to that extreme yet but if we keep heading in this direction it will be. By the way I’m a tax paying citizen I’ve always had a job since 14 years of age except my time spent in prison which I tutored convicted felons to get there GED, I graduated high school with a regents diploma. I know I have bad grammar skills an punctuation it is my weakness but I’m considered a genius or test scores show it in math, history and science so I don’t care about your comments on my grammar an punctuation. It’s my points that count. We as ex felons need to come together an start a petition that’s going to at least have 100,000 or more signatures (most likely a lot more) create a website site, as well as get the NRA involved we need all the support we can get to make change happen. If a couple felons whining about are rights not being restored does nothing on blogs than we need to organize an ban together as brothers an sisters in arms and come together. If they won’t listen to one of us they will have to listen to all of us because of our numbers, do you have any idea how many people like us are out there an deserve to have our rights restored if you are serious email me at jdrr8790@yahoo.com an we can create a master mind alliance an actually come up with a solution (brain storm together). If we just keep talking on these stupid blogs nothing will ever change we need to take action. Who will stand with me ?
I was convicted twice for non violent offenses but I did my time paid everything off. Regardless I’m still an American and rights are called rights for a reason. A right shouldn’t be able to be taken away. There called gun rights not gun priveledges. Just because I got caught and the next man didn’t shouldn’t bar me from my rights as an American. Starting to become less and less patriotic with all the additives to our constitution….. feel free to give me your opinion via e mail
Ok so all of you want have your gun rights give back right? Here is the deal there are only 3 ways. 1 a pardon or sealment from the state and county in in which you received it. 2 a presidential pardon. And 3 becoming big enough that people higher up the political ladder. The N.R.A. I scostently working to help get our gun rights back you want to sign partitions and just talk about it on this site or are you like me and want to do something about it then over load the N.R.A.website asking for help the more of us that start righting them the better so go to there website and start typing and asking for help its the only way at this point we will ever get the opportunity to our god given rights again please I’m asking all of you to start righting asap
As an American citizen and felon,
Matthew G.
Any questions please email me at westpostphotography@live.com
Together we can restore our rights and we must fight for them through it all. . .