New Legislation Regarding the Restoration of Felons’ Gun Rights

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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.

141 comments on “New Legislation Regarding the Restoration of Felons’ Gun Rights

  1. We must do this for the hole country and for every one of us please help in the fight to obtain our rights back

  2. I think this would be great,one thing is a person with a fel. can buy a black powder rev. with no paper work, they are just as dangerous as a reg. gun at least they will have a record of who has a gun if they are a fel. and reg. the fire arm.

  3. Nonviolent felony I would like my fire arm card back

  4. Regain my gun right,unfortnately I pleaded guilty and did not understand
    what would happen.This happen 20 years ago and I was awarded custody
    of my 7 year old.My ex lied and didn’t have enough money at the time to fight both. Yet I was recently on jury duty when they said something about
    20 year law.Does this mean I can regain my gun right also

  5. I was convicted of a class d felony for dui, so am i able to get my gun rights back after i complete my sentence? If so what channels would i take to get them back?

    • Dui is a traffic violation, unless you kill someone. Then it’s manslaughter

      • i got a felony DUI also because our then govenor passed a new law 3 in your lietime . i was in no accident or harmed anyone officer smelled my breath and Bamm lost all my gun rights dosnt seem fair to me it was non violent crime Michigan sucks with all these lws > ps i havnt drank in over 5 yrs now and i attend AA regulary. i am hoping the laws here can be modified also. i was stupid then drinking and partying i didnt know my 2nd ammendant was at risk > learned that the hard way !!

  6. In 1997, after voluntarily pleasing guilty to the crime of failing to register as an investment adviser (in Massachusetts), on advice of counsel, I received a felony conviction. After 5 years, I was eligible by MGL c. 129B, to receive a FID card which will permit me to possess rifles, shotguns and ammo, BUT my local police dept. informed me that I may be a federally prohibited person, which means that although I have a valid FID issued by the state, I cannot legally have any sort of firearm under federal law. I believe that my felony is one of the few exempted from the federal gun ban under USC 18 Section 921(a)(20)(A), as it pertains to regulation of business practice, but I cannot get a straight answer, interpretation of that section, or an opinion from the ATF or the state Attorney General’s office to my question about the federal disability and the exempted crimes. Even if they do opine and inform me that my felony is exempt from the federal gun ban, how does that opinion get reflected at NCIS which is handled by the FBI? If a person can’t pass the background check, having a valid FID isn’t much good to them. Thanks.

  7. How would this affect me who was convicted of a felony 25 years ago? It was for Burglary. I have not been in trouble since I was 17 when it occurred. I served my probation and continued to live my life rehabilitated, raised my daughter and obeyed the laws of society. I petitioned the State of Missouri almost 4 months ago and already hearing good news that I have high chances of being pardoned and are recommending that I be pardoned by Governor Jay Nixon. It is now up to him, but they said my chances are good considering my story. And Missouri doesn’t pardon a lot of people. But it isn’t as low as North Carolina.

    I’ve also lived the last 12 years in North Carolina. So I guess my questions is if I am pardoned will NC recognize my pardon and all my restored rights? The main thing I wanted was firearm rights restored. I’ve never been able to own a gun.

    • I don’t know! I just heard about this last night from a buddy if mine. I was convicted of a burglary 27 years ago hear in ca. I have my best friend who is a corrections officer and one friend who is a BPD and one who is a CHP have even gone on a ride along with one of them and yes they all know my background been friends for at least twenty yrs. One of witch told me sure I could get a pardon and he would even be a character reference for me, heck they all have volunteered that but the likely hood of getting signed off by the Federal. Level would be the problem! Guess I’ll Google that one see if its been done before I believe it! PS the buddy I talked to last night saw something on tv that was stating that when Regan was shot thats what sealed the deal for me not overcoming the Federal level. The soga continues! Good luck to us.

    • Here’s a question for you: 1) How can current gun laws that are passed be applicable to these old felonies? These new laws should be enacted from the day that they are passed AND FORWARD. They would apply to any convictions after that law was enacted. How can they magically go back in time and be used to convict someone or affect someone whose crimes fall under completely different laws that were in place at the time? This is foolishness at it’s best. If the laws from the time of your felonies state that your gun rights are automatically given back then that’s how it should be.

      • What you are referring to in legal/latin is: Ex post facto. Like anyone that got caught stealing a candy bar as a kid now has to report to a store manager as an adult before shopping. A GREAT legal argument and possibly help for your cause–good luck

    • If you have’nt found this out yet you don’t need to be pardoned to have your firearms rights back. If it has been over 20 yrs . Contact your state rifle association or NRA. You will most likely have to become a member for a small nominal fee. The process usually involves petitioning the court in the county in which you reside. You make your case that you are not a danger to yourself or others,the 20 yrs has passed and that you are a law abiding tax paying employed citizen. Get a couple references. Most likely your rights will be restored. best of luck too you

  8. Ok….you want to get your firearms rights restored? I have been talking to every Representative and Senator in NC. I’ve been able to get a few to listen and consider my point of views. What I have been told today is to get more people to speak out and make themselves heard. I am willing to lead the effort but I need others to stand with me. Contact me and I can share how I need help….don’t worry I am not going tomask for money. My email is poqusin@gmail.com. My web page is http://www.ncfirearmsrights.com. If you want to change your situation you will have to get involved.

    Kevin Harris

  9. I have seen William Harris spam post all over Craigslist with his desire
    to own a firearm. He has three felonies. I understand we all make mistakes, and we should get a second chance. But a fourth chance? No sir. If you committed three felonies, the odds are you are still breaking the law.

    No guns for career felons.

    • David,

      I am guessing you are the one that kept trying to keep my posts pulled and actually recommended felons come visit me in an off hand attempt to threaten me. It is people like you that do not need a gun. My three felonies all occurred on the same day, so I am not a repeat criminal. I might also add I have been working for one of the largest banks in NC for nearly 15 years, and will be getting my rights to possess a firearm back shortly. :) I am also working to get the law changed to get the right back for other felons if they meet certain criteria. Since you don’t know me and are not a judge your opinion on the matter is not fully educated on the matter. I have been attempting to legally pursue this matter as it smacks of the unconstitutionality of a blanket ban without a method of recourse. Besides, if I were a career felon with intent to do mischief or harm do you think I would really care if it were legal or not? Most of those wishing to prevent ex-felons from possessing firearms simply do not want anyone to possess firearms, or they want to hold themselves as special individuals that have a higher right as a citizen to possess. I am a citizen of the US and have the same rights via the Constitution as anyone else. I paid my debt and have rehabilitated. You do not have the right to restrict me my god given rights.

      • Need more folks like you fighting ,thanks for all that you do!!

        • oh yeah p.s. different david lol

      • Thank you Kevin, you tell it how it is! I am still stuck on the inaliable rights. 2nd amendment SHALL NOT BE INFRINGED SHALL NOT! Now how can that be interpreted as felons lose that right? The right to use a firearm to protect family life and property?

      • Amen to that, im also wanting to Bear arms an regain my Right, I pick up a felony 20yrs ago in Ca for Robbery but now weapon yes I was convicted, But I got out an changed my ways an I pays taxes own a home or better yet buying my home , I just wish I new how to go about getting my Gun rights back an voting an any other right I lost.if u can give me any pointers please e-mail me Thanks an Good luck to you we all make mistakes but there alway people out there how want to keep us down for or wrong doings, I payed for my mistake , I r rally believe I should get another chance after 20yrs saying focused, on my family life an fredom.God bless.

      • Hi my names rob Serino around 25 years ago i got charged with selling cocaine to an under cover police woman i had no criminal record i was a young kid thought this woan liked me i was set up any ways it’s been like 25 years about 14 years ago i got it from a guilty plea dropped to not guilty .i served as a United States marine i own my own business for over 16 years never been in any trouble since . I hang out with a lot of police officers and love to go shooting together . How can I get my rights back to purchase a firearm. ? Thank you robserino2@gmail.com

    • david sherill u r a moron to atake some one that has tirnd there life a ralnd and wont to git there gun rights back and to hold over there head what thay dun years ago is just dum if some one has to be punished for aver for sumthing thay did years ago thin y have paroll corts or jouges to pos sintinces on thim y not just take thim out behind the court house and hang thim i will tell u y so try and rap your little brane aralnd this ok whin some one as dun there time no mater how meny felonies thay have if thay have stayed out of truble and been a low abiden pirson for x meny years thin thay shold have all there right back becouse if thay can git it back after 10 or 20 years thin thay r being punished for life and if thay did not have a life sintince thin thay cant be punished for life u got it dum dum

      • ps sarry for the bad spelling hands r in cast

  10. So we all make mistakes. We deserve second chances. But where I draw the line is on repeat criminals having guns. If you have more than one felony, I have a hard time digesting the fact you should get your gun rights back. If you decided to stop breaking the law after one felony I would not think twice about it. But three felonies? I do not think this should happen.

    • Rodina,

      Obviously by the name and the time submitted you are either a friend of David’s or his alter ego. Rather than re-type everything, simply read the post to him listed above.

    • I really dont know that you can pass judgement on every situation. I was 19 when I got my first felony and 21for my second. I was still a kid in many forms. I spent a year in prison for selling my prescription because I was jobless and hungry. I got out of prison and went on to get two degrees graduating with honors for my Associates and Suma Cum Laude (3.9096 GPA) for my bachelors. I went on to get 3 IT certifications all while working 3 jobs. You dont know me and you dont know my story. Therefore, “Judge ye not, lest ye be judged according to the same measure.”

    • Question? What about 40 years clean, does that count. Also married for 31 years, four kids and 4 grands.

  11. I think that if a presons crime was not up a gun I c no reason they cant get there rights back

  12. Read lots of comments,I to would like to own a gun legally,but I have a few felonies for drug possession ,so I guess I really have no chance,I can understand why,even though I don,t like it

  13. I was 16 when I was charged with felony larceny I went through court for a year before I was convicted I was charged as an adult is it possible to own or get back my rights to own a fire arm I really like hunting I’m 25 now and I don’t think ill ever b able to go

  14. See: Boren v. State of Idaho. Idaho is another state who gives gun rights back to felons. Sort of. Boren has two appeals at stake here. One is that Idaho Code I.C. 18-310(4) is ambiguous and open to interpretation. The Idaho State Court of Appeals agreed, reversed and vacated his conviction. It is now under appeal by the State of Idaho.
    If this appeal fails for Boren another appeal is waiting in the wings. Appeal No. 2 would have wide ranging effects on gun laws in the State of Idaho and maybe more states. To treat an out-of-state felony differently than an Idaho felony is a violation of the 14th Amendment right-to-travel. When a felon moves from one state to another his/her felonies “move” with them. The right-to-travel guarantees that those felonies will be treated the same as similar felonies committed in the new state of residence. In Idaho they are NOT. “…upon final discharge, a person convicted of any Idaho felony shall be restored the full rights of citizenship…..” The police in Idaho have been throwing persons in jail for firearm violations because those persons have out-of-state felonies.

  15. I,TOO HAD A Felony,42 years ago
    I’m,sixty now I don’t know if I’ll ever have my right to bear a fire arm restored. IT’S Like my love ones don’t matter. Sign me up!

  16. I’m on house arrest for carrying a handgun with me on me.. I had a job as a ice cream truck driver. My ice cream truck has been threatened and I was given the pistol free by a guy who was about to rob me with his friends until he recognized me and gave me the gun..they are tellin me to find another job it is already hard enough for convicted felons toobtain employment as is.. so any job that comes my way I’m takin it. So should I ask for life in prison because I refuse to live in a society where I do not have the right to protect my own life. I have been in situations where I have been beaten by men and the police will come and tell me there’s nothin they can do because they DIDNT see it.. but they see me bleeding and hysterical and I’m tellin them who did it.. I am 4’11 female..

  17. I have a couple drug felonies in Nebraska but I currently live in KC, MO. Can I ever bear arms here? I have tried to get a straight answer but have comeup empty handed. I don’t even personally want the right for myself but my boyfriend who has no convictions of any sort owns a couple firearms. So are we not even able to live together because of my mistake ridden past?

  18. The only thing I want to know is.What do I have to do to get this non violent felony off of record in N.C. from 2006.Because I’m a V.A. resident.Not really stressing the restoration of gun rights for myself right now.But it is really interferring with me obtaining good jobs that don’t hire felons.I really need assistance.

  19. I am glad to report the NC Legislature will not be passing any laws this year for repeat felons to have guns.

    • Mr Gummer is providing incorrect information. H618 is still alive and well. With tweaks it went through H Judiciary B and is now in Finance. Once it is approved there is will hit the House Floor. In fact the applicable date was moved up such that if it is approved on both sides it will be law as soon as late summer early fall. Mr Gummer, would you happen to know David Sherill by any chance? He provided false information regarding this needed legislation before.

  20. I was convicted of a robbery in Oklahoma back in late 80′s. Am 49 now. I was not in store or holding any guns. I was the driver. Would I be able to get a handgun now? I currently reside in PA now and have not been in trouble since then.

    • Unfortunately , Oklahoma does not provide for relief from firearm disabilities even a Governors pardon will not restore your rights. however you could apply for relief to the federal govt. Google “Civil Disabilities of Convicted-Felons” it will be a PDF you will have to download it. You may also look to PA firearms act you can find this through the state government web site. There may be a statute that would allow you to be granted relief but most likely not. You need to be granted relief by the state in which the crime occurred if it was a state crime. If it was federal you need to apply for relief to the ATF. Unfortunately congress has defunded the federal program that would grant relief. but, don’t give up hope and remember the 2nd Amendment guarantees the right to bear arms and if your crime was a one time non violent there is a way. Good Luck ….The right to bear arms is a God given right.

  21. my felony is almost thirty years old. is my wife, who lives with me, allowed to own a gun?

  22. Good news. The law makers adjourned until May 2014. That means no fire arms for repeat felons.

    Just as I predicted too.

    • Once again Mr Sherril has poor information or is purposely trying to mislead readers of this blog.

      HB618 passed the house with an incredible 109-2 vote, showing huge bipartisan support for the measure. The bill was sent over to the Senate, but due to the fact that the bill was passed on the last day of the Legislative session it couldn’t be introduced for full passage before adjournment, per Senate Rules. It did have it’s first reading which means that although it was not engrossed and sent to the Governor, it will survive as a viable bill that can be debated and voted on during the Short Session in May of 2014. There is considerable support for the bill in the Senate as well and will most likely be passed during the short session.

      Please excuse Mr Sherrill and his vacuous comments on this blog. He is a troll from CL that takes great pleasure from disruptions and mayhem without ever offering anything in the way of intelligent discourse. His modis operandi is to simply create smoke and friction and hope to cause normal conversation to devolve into flaming and baser forms of communication. He follows me like a bad penny and it is my guess that is the only reason he is here. Rest assured his input is not based in any fact or knowledge of anything of value.

      Those that have a vested interest in this issue can rest easy that it continues to move forward and will most likely provide recognition of our constitutional rights by the end of the Short Session. I will be there pushing it, knocking on doors, and discussing it in a positive and intelligent manner with all the Senators.

      His post that follows this one is of no merit either. He is merely baiting me….feel free to ignore. Everyone on CL does.

      Kevin Harris

  23. The NC legislature is finished until May 2014. All bills worth being considered were reviewed.

  24. please guide me to the right person. i want to get my gun rights restored. my felony conviction was back in 1989 & ive had my civil rights restored plus i received a simple pardon from the governor of the state that i got my charge. ive resided in another state now for 15 years . ive contacted like 15 people & no one can tell me who to contact to ask to get my gun rights restored. please advise me . thanks

  25. I was convicted of reckless homicide, the other driver of the other car was drinking,and driving,but he was a correctional officer i was blamed i did 6 years for that every other crime I ever had was probation,I’ve never possessed a gun never had a aggravated battery ,or burglary charge. I feel like my safety is at stake as an american citizen that someone can carry,or possess a firearm in public places just because,the law allows them to,and i can’t protect myself in the same manner,they have an advantage over me,I feel like they are bullies looking to do harm.

  26. I have a felony which has been almost 10yrs ago and no trouble since. The felony was non-violent but was a class g can i possibly get my rights restored under this statue.

  27. If I am free to travel in the US without being unreasonably searched and seized why would owning/possessing a firearm make me more dangerous than a person who is not a felon that possesses/owns a firearm. There are certainly many dangers but I am not any different than any other citizen just because i have a record. I think it is just another way the mafia(our government, the most well organized mafia, if you dont pay your protection money((taxes)) takes and makes and example of you) generates mucho dinero from its terroristic rackoteering ways. the second amendment was put in place by our founding forefathers for the people to protect themselves should the government become corrupt and intimidating.

  28. Recently I was denied a pistol permit application which I wanted only for home protection & to go to the range and practice. I was convicted of a felony for marijuana when I was 18. I am now 57. I was shocked and truthfully the Law Enforcement people I dealt with on this felt bad about as well. They said their hands were tied. Now another officer sent me this link. He feels it applies to my situation.

    I was a dumb kid but it is not like I killed someone. I went on to work a career for 32 years, retired, and was never convicted of another crime, unless you count a couple of speeding tickets. I have not sold marijuana in almost 40 years. Stuff like this is nuts. At one point is someone rehabilitated? On the bright side maybe it is time for me to spend the $ and effort to get my record expunged.

  29. About 7 years ago now I sold 4 firearms, private sale to another fellow, I didn’t know that per massachusetts law you could only sell 3 per year private sale and more than 3 we would have both had to go to a “middle man” (gun store) and have them do the transfer (it’s all about money because we would have had to pay). I was convicted and sentenced to THREE YEARS mandatory in a mass state prison! I have no prior record and have done nothing since, I’d never even seen a jail and was thrown into a state prison! Ridiculous!

    Then last year the massachusetts law changed to being able to sell 4 firearms private sale in a one year period… Which is exactly what I did, so had I done this today nobody would have even batted an eye at me… I could do it in front of the courthouse… Ive inquired about it and “because it was illegal when I did it I cant get it reversed”… so what do I do? How crazy is that!?!

    Is there any way I can not only get this felony off of my record because its really hurting my job opportunities, but also any way I can get my permits back? I live in a small town innthe middle of nowhere where hunting and shooting are a way of life. I’m an avid hunter/outdoors man, as well as used to shoot competivily, and I’ve been restricted to using my black powder guns for hunting… Which works but its not ideal.. And game I harvest is a large portion of my familys food. Not to mention I can’t go to the range which was my weekly activity before all of this. So, again is there anything I can do? It’s killing me, I’ve always been responsible with firearms, and because of some obscure law that NOBODY even knew about that’s not even illegal anymore (because it was a dumb law…) I lost my license… Wtf! The second amendment states everyone has the right to carry a firearm and that those rights shall no be infringed upon… Nothing about felons not being able to own one!

  30. I was living in Missouri: In 2000 I got a class C felony, that was for 3 DWI’s in a ten year period. I got a 3yr. sentence, served 22months with 14 months parole. After completing all requirements I moved away from Missouri and now have lived in Arizona since 2010. I’ve had no run in’s with the law in any way shape or form since 2000. I have requested my civil rights be restored from Missouri and am still waiting for an answer which wont be for another 18 to 24 months. My question is, since I have no intension of moving back to Missouri but have retired in Arizona, can I own a firearm here in Arizona.

  31. I am writing in regards to the above. I received a simple felony possession charge back in 1998 in Idaho; the case has been dismissed (not expunged). Since this incident, I have thrived to better my life, going to college in criminal justice and graduating the top of my class. My goal was to become a probation/parole officer. I work two years towards this; working fulltime and volunteering at the local office here in Buildings, MT. Yesterday I was informed that while they would love to hire me, but they cannot due to not being able to carry a concealed weapon. Idaho does not expunge records.. I am seeking out help or direction.

  32. In 2000, I was convicted of Attempted possession with the intent. I finished my time and parole and was awarded a pardon from the State of Louisiana. Even though I have NEVER beena resident of Louisiana I still recieved my pardon. I have been a native resident of NC since birth. I do not have any charges or convictions. Will I be able to recieve my gun permits in North Carolina?

  33. I was charge for selling a broken gun to a cooperate witness and they charged me possession of a firearm, possession of ammunition, and selling with out a FID card
    I pleaded guilty for the firearm charge
    And none of this was violent I just got set up

  34. Honestly the government stands behind the constitution. But fails to stand behind the second amendment. In life people make mistakes which are not violent, or denying someone else of there rights. Wellbeing also, but because the government saids it’s a felony, we loose our rights to bear arms. We also loose our peace of mind our security. Granted I believe if anyone cause some one else’s well-being or rights to be threatened. Then they should loose they’re rights to bear arms. And depending on the severity or lack of the crime determines the outcome of the defendant ever getting they’re rights back. Its bad enough us felons can barely get the chance and opportunity as the rest of society, the government has stripped me of my right to protect my family and be the security they need. Rather or not the picture is bigger then that is a big question we should all ask ourselves, but the only answer I want now is how do I protect my kids that I will keep them safe and honestly feel that in my heart.

  35. The ONLY people who should be denied the right to arm themselves are those who have used guns in the commission of a violent crime, period. Since the law is corrupt and justice is a joke, calling someone who has felony convictions untrustworthy of gun ownership is nonsense. Get caught with some pot? Some other victimless ” crime “? Getting a felony conviction should not be the criteria for having guns. Misusing guns should be a reason..but the real reason for such unConstitutional measures is to marginalize as many people as possible and make sure that they shrink the number of people who are able to fight back againt the tyranny we all see forming right now. The real issue is that we are empowered by the Constitution to overthrow, by violence if need be, corrupt government. Too few armed people means that we have no chance of insuring our freedoms.

    The 2nd Amenement says nothing about “..unless governments pass insane laws and label you as a felon “. It would be unthinkable to the founding fathers to take someone’s guns away because they possessed hemp ( a crop almost all founders grew and used ) or for some other insane reason. Laws with no basis in protecting society from harm and that were enacted because of corporate and political skullduggery should not be used to disarm people who have never shown a penchant for violence.Stripping people of protection, and the means of combatting corrupt governments, is simply to insure that the corruption has no real fear of being stopped. Shame on America for allowing such openly ridiculous laws to interfere with out rights.

  36. What is even worse is that a state like Texas can create a unique “category” of felon (dwi – state jail felony) no other state acknowledges in order to make more money for ex-polititians by owning rights to sell food to the jails and prisons covered by their spouse’s family name. All the while taking away lifetime constitutional rights from someone who committed a once non-violent crime…worse the rights of their spouse and children to EVER defend themselves who NEVER committed ANY crime. Who is NOW running (truely committing crimes) this country which was great when my grandparents were alive?

    • 1991 felony dwi,revoked in 1995,of course. I still have no full 2nd amendment rights but under federal law an illegal alien charged with the same offense in not considered violent or a crime of moral turpitude can’t be deported. I lost my DL but got that back and can drive the vehicle that I got the charge in but can’t posses a weapon because I was stripped of my 2nd A rights. That’s like me committing a felony with a gun and they give me my gun back but take away my driving privileges. I say WHAT in the hell is going on? I did not hurt anyone , was at the exact bac to convict, and the arresting police officer was under investigation and subsequently fired when I went to court and no one told me. Justice is for the lawyers writing the laws,it dam sure aint for you and me.

  37. my husband got his gun rights taken away in GA just because he had 3 DUI’s on his record and these DUI’s are well over 15 years old, also he sent in the paperwork to request his gun rights to be restored and the state of GA claims they never received his documents… so how does he get his gun rights back because they are saying even after he sent the paper work in to get his rights back that he has no rights to own a firearm???

  38. I have a possession scheduled 2 class l felony..which is the lowest u can get…how can Iget my gun rights bback? It was 8 years ago what should I do? Also if I get them back is it possible I could become a deputy? I live in north Carolina… thanks

  39. I was convicted of a class H non violent crime in 2003 and now I would like my Gun rights back and be able to run for public office. That was before 2011 and other than that I have a clean record. Am I never able to live in this country without this hanging over me. This is just not right.

  40. I have a possession of stolen property from 1994 how may I get an opportunity to own a gun again. Due to the amount of home invasion In my city I’m a single father is it possible for me to own a gun again

  41. I have a violent felony conviction in Florida from around 1978. It was a bar fight. Two guys came in acting like tough guys, didn’t want to pay the dollar they lost on a pool game. Decided to grab some pool sticks and kick some butt. I cut one of them. I was charged as I was not injured and the other guy was in surgery. My lawyer wanted me to plead guilty and do 5 years. I asked for a jury trial. Eventually, I plead guilty and got 5 years probation. I did not know the difference between a felony and a misdemeanor. After less than 6 months, my p.o. took me before a judge and told him I was a model probationer, worked every day, paid my bills and was not a trouble maker. He asked the judge to let me off probation. The judge refused. About 3 months later, we went before a second judge who released me. After moving back to NC in 1985, I did get a dui 1986. In the mid to late ’90′s, a guy started using my name and got a bunch of traffic offences and other charges. My license was suspended for not going to court. I did eventually get it all settled. I have 3 pages of charges with notations saying “voluntarily dropped by DA, not person charged.” The DA will not remove the charges from my record because it is part of my record. I keep pointing out I was not the person charged. They keep telling me it is still part of my record, because it is on my record. An attorney tells me I can not get my 2nd Amendment rights back due to all the charges I have on my record. I am a tax payer, I have been in my home for 26 years. I have a good job. I pay my bills and have a 750 credit score. Justice for all. Good luck with that.

  42. ABOUT ALMOST A YEAR AGO NOW SOME PEOPLE TRYED DOING A HOME INVASION ON MY HOUSE AND THEY HAD GUNS AND THEY ALMOST KICKED IN THE DOOR THE COPS WERE CALLED AND WHEN THEY GOT THERE THEY EVEN TOLD ME AND MY HUSBAND THAT U CANT TAKE A KNIFE TO A GUN FIGHT THAT WE MIGHT WANT TO GET A GUN CAUSE THE PEOPLE THAT TRYED TO BREAK IN SAID THAT THEY WERE COMING BACK SO MY HUSBAND YA HE IS A CONVICTED FELON BUT NOT FOR ANY VILOENT CRIMES AND HE HAS BEEN IN NO TROUBLE SINCE HE WENT TO PRISON NOT EVEN WHEN HE GOT OUT HE PASSED PROBATION AND PAROLE WITH FLYING COLORS AND HE WAS SENT HIS VOTERS CARD SO HE THOUGHT HIS RIGHTS WERE RENEWED BUT HE DIDNT EVEN GET THE GUN FOR HIMSELF IT WAS FOR ME SO I COULD PROTECT MY SELF AND OUR KIDS WHILE HE WAS AT WORK WELL THE MORNING AFTER THEY TRYED DOING THE HOME INVASION HE WENT AND BOUGHT A GUN. THERE WAS NO BULLETS IN THE GUN AND THE GUN WAS NOT STOLEN BUT RIGHT AFTER HE BOUGHT THE GUN FROM A FRIEND OF HIS, HE WAS GETTING READY TO HAND THE GUN TO ME TO TAKE HOME AND THE COPS ROLLED UP FOR SOMETHING ELSE BUT THOUGHT HE WAS INVOLED WHEN HE WASNT BUT THEY HAD ASKED HIM IF THERE WAS ANYTHING HE HAD ON HIM THEY SHOULD NO ABOUT HE SAYED YES I JUST BERLY PURCHASED THE GUN FOR MY WIFE I WAS IN THE PROSSES OF HANDING HER THE GUN WHEN THEY SHOWED UP MY HUSBAND EVEN TOLD THEM ABOUT THE HOME INVASION AND THE REPORT BEING MADE LAST NIGHT BUT THEY ARRESTED HIM FOR PROHIBITED POSSESSER AND NOW THEY DROPED IT DOWN TO MISCONDUCT WITH A WEAPON WHEN HE WAS ONLY TRYING TO PROTECT HIS FAMILY SO BECAUSE HE WENT TO PRISON BACK IN 2000 AND DID 7 FLAT HE CANT PROTECT OUR FAMILY ME AND THE KIDS ARE JUST SUPPOSED TO BE IN FEAR FOR OUR LIFES AND POSSIBLY DIE IF THEY COME BACK AND THE COPS DONT GET THERE SOON ENOUGH OUR ATTORNEY SAID HE WOULD TRY TO GET PROBATION FOR HIM BUT THE PROSICUTER ISNT HAVEING IT AND IF HE TAKES IT TO TRIAL AND LOOSES HE GETS 10 YRS AND WE BERLY GOT MARRIED LAST OCT AND IM PREGNANT AND WE HAVE MY STEP KIDS WE HAVE A SETTELMENT CONFRENCEC TOMORROW I HOPE THE JUGE LETS HIM GET PROBATION ME ,HIS KIDS ,AND OUR UNBORN BABY NEED HIM AND LOVE HIM I WANT TO NO HOW MANY CASES LIKE MY HUSBANDS HAVE GOT PROBATION OR HAVE TAKEN IT TO TRIAL AND WON? IF ANY ONE KNOWS SOMETHING THAT CAN HELP BEFORE 11 AM TOMORROW PLEASE CALL US @ (623)500-9474 ASK FOR COURTNEY OR JR thank you

  43. Courtney what happened???

  44. I have not felony conviction but I know people who have. The United States has more people convicted or in prison than any other country in the world. We have become a military police state. It’s time to reverse this disturbing trend.

  45. I decided not to cooperate with authorities and tell what I knew about my ex and her families “family business” I was charged and plead quilty because I wouldn’t rat them. Out. It’s white collar so could I get my rights restored?

  46. I was Convicted of criminal mischief first degree in the state of Arkansas in 2004 I was charged as an adult at 16teen I was 15 when it happened I didn’t have the money for a lawyer I applied twice for a pardon to get my gun rights back the pardon board in Arkansas granted me full pardon with merit but the governor had no contest to it it takes two years for each time a person applies I was a kid that got into a fight no weapons was used ihope one day the Law will change

  47. I was recently (last year) charged with 2nd degree assault, a misdemeanor, in Maryland for a bar fight. At the time I went to court I was currently in the process of getting transferred to North Carolina, which I had been trying to do for the previous 3 years, and was hell bent on getting out of Maryland. So my PD offers me a plea deal and says ” buy taking the plea you will be giving up certain rights like right to a speedy trial and right to appeal the ruling.” I think to myself “ok, it is not a felony and not a domestic violence I am good and can get on as planned.” So I take the plea for 2 years probation (which is unsupervised because I had previously informed them that I was leaving state and I wasn’t required to transfer with one for a misdemeanor.)
    Well I was wrong. After taking the plea it wasn’t until I was doing paperwork at the probation office that they told me that I was no longer eligible to own a firearm.
    When I went to court for the other person in the fight they had pre-determined that there was lack of evidence and threw it out before even hearing anything. Now this person has had multiple previous assault charges on him and one was even domestic assault.
    Shortly after this case the US 4th circuit court declared that Maryland’s 2nd degree assault cannot be considered a crime of violence due to the wide scope of the charge, from touching or brushing up against someone without consent to shooting someone, with no defining boundaries.

    So hear I am duped into a plea that I thought I was clear on due to being misguided on a case that they had all ready determined lacked evidence on a misdemeanor charge which the federal court declared is not a crime of violence and cannot own a gun. Yet as an airline aircraft mechanic I am responsible for thousands of lives a day not to mention 100s of millions of dollars worth of machinery.

    This is the America we live in.

  48. I was convicted of delivery of a controlled substance finished my sentence in 2008 how hard would it be to git my rights back

  49. I had a nonviolent felony conviction in 2008, would I be eligible to purchase at least a shotgun for strictly home protection. My fiance has never been in trouble, a bank manager and we have a 3yr old son. I just want to protect my family.

    • no

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