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.

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

  1. All these fkn criminals trying to get their guns back… wtf!

    You made poor choices now, you think you can be trusted to make good choices now?

    People who make poor choices in life should not be handling firearms, in ANY capacity.

    I agree w/Federal Law.
    Once a Criminal always a criminal…
    Once a Con always a Con no such thing as X-Con.. unless it’s a Con in sheeple clothing.

    It may be your right to bear, but what you do with your right can either get it taken away or secured. Becoming a criminal is definitely one way to get it taken away. Upholding the law of the land and not giving into peer pressure, is one way of securing your right to bear.

    But since most of you have chosen poorly, you have only the right to “bare” arms, not the right to bear arms.

    “Guess you should of thought of that beforehand!”
    Haa-Haaa
    What’s it matter now anyways?

    • You sir are A hard case, no second chance for “some” folks that may of gotten in a little trouble thirty years ago? But pay taxes and hold a job. I agree some cases dont need reinstating, But some should. I beleive you are without sin and should be considered for sainthood… And you should cast the first stone!

      • I agree with you totally. My husband had a drug charge 25 yrs ago and recently received his pardon (complete). He served his time years ago, started back over in left at age of 40 and raised his two small children (by himself) after getting released. He worked making over $40 an hr before his incarceration and afterwards, started back making $10 with 2 children. All of this was his fault BUT he paid his debt. He is now 59 yrs old still working, NEVER drawing any free govt monies after his incarceration and now trying to get his rights back to own a gun. Anyone that has known him, knows he is a better man today than the Ocifer Spunkter that is without sin but please get the stone out of your hand. So glad to have known a man that has been way up high, had his feet knocked out from under him and is now working his way to the middle again. He touched more lives after incarceration by doing a prison ministry than most pastors in a pulpit. Judge not less ye be judged Mr. Spincter, I mean Spunkter!

        • Great man great story,he and many others are in a better mind frame than people who never been locked up or claim that they are perfect

    • You cannot judge a man in life by what he has done but judge him on who he has become and the goodness he accomplished everyone makes mistakes its in human nature to make mistakes its what we learn from them that matters

      • Correct

      • ,paying the same taxes,living a similar lifestyle as you! Should that person be treated unconstitutional after dues are paid? Hunting for instance.that “criminal”! Shouldnt be able to teach there child about hunting ! Because of something that happened 20 yr ago.? It sounds like your the criminal!! Right. Cant fix stupid!!

    • I was and passed out drunk in a vehicle i was in the people i trusted broke into a sportsmans club for alcohol and cigarettes. I awoke the next morning with police at my door saying i committed a felony…the people i was with involved my name although i was passed out and they took me home after their crime..after hours of questions the officer told me if i would just say i was there then i would be released immediately. I was not released for 3 days..i recieved a puplic defender that said if i plead guilty i would serve 20 days county and he would have my record sealed and firearms rights restored as my goal was to be a police officer..this public defender went on to become a felon stealing from my home town..he was crooked from the start..he should have had my charges dropped instantly instead of kissing the prosecutors ass…i personally got my record sealed and got my firearms rights restored without a attorney.. My next step is to recieve a governors pardon so now at age 42 i can fulfill my dream of beinga police officer at least get 25 years in on a police force…just because someone has had their rights taken dosent mean that their a criminal who shouldnt get a chance to fulfill their dream..whatever that dream may be

      • I agree. Sorry you had to go through all that. I make a poor decision in judgment to drive myself home. I paid the price and served my time. Now all I want to do is get my rights restored and get on with my life. I believe that everyone makes mistakes in life and should be forgiven unless they continue to keep making the same mistakes. Then no I don’t believe deserve a second chance to straighten out their life. I hope I am able to get my rights restored because I really love my guns and don’t want to have to give them up. I changed my life around and I’m no longer that same foolish person making those stupid mistakes and dumb choices. If I want to drink I just stay home or setup a dd beforehand. It’s much safer and smarter. Thanks for listening.
        Dk

    • [Removed by editor] you expect these people to pay taxes and all the other things that society requires but want to keep them from protecting themselves and their families?you are an idiot,some of the most decent ,honest people I know are convicted felons,and if ignorance were a felony you would be a repeat offender,remember that drink you had before driving home ?Felony, dumbass,and this really isnt even the issue,what most don’t understand is the fact that the bill of rights were not written to limit the power of the people, but the government,these are GOD given rights,and the government has no power to deny or restrict ANY of them,any law that that is contrary to the constitution is deemed unconstitutional and there fore need not be followed [Removed by editor.]

    • That’s like saying, one cop make a poor choice in shooting an unarmed individual, ok let’s rid the police station of their guns.
      And just to clarify, choice is sometimes forced upon us, here’s an example, who did you vote for?

    • Im an excon. I spent time in federal prison for armed bank robbery. Im not a bad person. I had two kids at a young age and had no skill. I felt hopeless. You shouldnt judge someone for making a mistake. Judge people after they continuously make mistakes. Ive been out of prison for 3 years.

    • Excuse me, really, ok I guess it could be said that if you really are law enforcement as your title claims, then I feel as a Christian, you sir should not be in law enforcement. Your statement alone, says to me that you are judgemental, and so therefore you have no right again to be in law enforcement. When you took the oath of office, you swore to uphold the law, and I do believe in a unbiased way.Judging someone, as you have here, you are obviously very biased. I am 55 years old I am a father of two daughters and one son, grandfather of 7 beautiful grand kids. I made a horrible choice in my life in 1989, following the murder of my oldest brother, and then 6 months later, the death of my youngest brother, and then again 3 months later I found out that the person who I grew up believing was my father, turns out wasn’t my father after all. I started to use drugs at a young age, I turned to these drugs to mask my pain, I make no excuses for my choices at that time in my life, I just know that I regret that I did what I did. Sir this was 27 years ago, can you really sit there and judge me based on what I have said here, there is no more to my story, I have simply stated what I did. It really angers me when we live in such a judgemental, hipocritical society. I am asking for my rights to be restored, so that I can go hunting, I have no interest in owning a handgun, but just based on my conviction 27 years ago, I can’t do that today. So you sir I hope someday you will be able to get over your very negative view of people who have had past convictions such as mine. WE ARE NOT ALL THE SAME, judge not and ye shall not be judged.

      • I’ve been reading different people’s individual stories on here, and I’ve got to say that my temper has risen and fallen several times with several peoples stories and responses.

        Our Government is not always set up to be fair or un-bias….remember that our judicial system starts with the police officer “a normal person who ends up dealing with a lot of bad things in his career”..then, based on his decision at that moment in time, it could escalate to a Judge making a life long decision on your future…based on….an Attorneys story telling ability…the same Attorney who in essence is trying to become a Judge and some might say is actually working for the Judges they present their cases too, because…they require recommendations as they try and climb the ladder to the “Untouchable’s” in our judicial society…

        It doesn’t matter what your felony is for and if it did, it might or might not count depending on how much money you have and are willing to give to that same judicial society who screwed you in the first place.

        Judges and Attornies are caught every day by hidden camera, other Authorieties..blah..blah..blah…
        but not much happens to them…most still get their retirement, or the payoffs they received…most just have to quit their current job and for some…they actually go right back into their tarnished profession either under a new job title or something as simple as a new location.

        The problem here my friend is…..”Your willing to participate in this corruption by asking their permissions for what is your God given right!”

        Do you really think that everyone who carries a gun to protect their families are legal to do so? Do you think those who are…haven’t broke the law in the past?

        Stop letting these types of people control your life…..

        If you feel you need a weapon to protect yourself and your family..then get one! It doesn’t matter how or where.

        You don’t need to participate in what can only be deemed as an insane system!

        So stop telling your story, stop arguing with idiots who just because “THEY” haven’t been caught yet for the illegal stuff they’ve done…think they have something worth wild to listen too!

        I’m a Vet…..the only reason things all Vet’s do in combat are not considered illegal is because we’re sanctioned by our Government!!! Take the Vet out of the place and time that our Government told us to be in and told us it was all okay…and guess what!

        Yep!!! he’s an instant Felon!!!

        Could it be that when our own President or Government intities issue an order for a “Hit”…Government sanctioned HIT…why are they not deemed felon’s…because it’s their insane rules!!!!!!

        Just go about your life….most of the smart ones do….keep the Government out of your business…just like they try and keep you out of theirs….and life will continue.

        I’ve never responded to a blog in my entire life….but I’ve got to tell you…some of the idiots that are criticizing you for what happened to you…tell’em to F&%k OFF!!!

    • well if it is a non-violent offence we should be allowed to receive are right to bear arms

      • Exactly and I’ve been out since 2009. The crimes I was charged with was because of the man I was with I guess conspiracy was what it was called.

        • I went to the Feds for a conspiracy case and they knew I had nothing to do with it and I been out 22 years and Im raising 3 girls alone but I cant own a gun.

    • You seem to have a strong opinion regarding this matter.
      Too bad you are misinformed, uneducated, unwilling to crawl out of your little box and see whats really going on.

    • That’s a very ignorant statement. Many people are convicted of “non-violent” felony charges at a very young age and many years later…let’s say 10,20,30 years later, they should have every right to petition the state to get their gun rights back. Too many people assume that just because you have a felony charge that it’s for a “violent act” when many times its for things such as theft or property damage. Point being…I think that a 48 year old that was charged with felony theft, at the age of 18, should be able to petition the state to have their legal rights reinstated. Let’s be real here, most “criminals” or “people who want to perform criminal acts” don’t care at all about petitioning the state or having any legal right to carry a gun. They just go out there and buy one off the street. Noone is perfect and therefore I firmly believe that each individual should have the right to petition the state for reinstatement of their gun rights.

      • I agree with you 100℅ If there is anyone that has never done anything wrong I would love to know because as kids and teens we do things we know are wrong but to fit in we do it, just some people just don’t get caught. Like my husband says when you are a baby you poo in your pants when you get order you don’t. Just like a teen getting into trouble with a non- violent crime goes to jail for a year and half. Grows up has a family own your business for over 20 years keep a gun next to the Business safe someone steals it He calls the police so that if someone has it and hurt someone. Now he has not been in jail since he was 20 and then at 44 years old He thought he had his rights back but no the ATF who suck come in an arrested him for calling the gun in and gets 2 1/2 years. That is what kind of lawman we have. To make things worse we had cameras in the office and you can see the ATF only look at the computer and my daughter worked at Hooters and the agents were throwing pant hose at each other and one was sniffing the Hooters calendar. Believe me this is all true. I have the disc to prove it. No other room was searched.Just that one room and The AFt Mr. E—-k was all so acting mean to me. Our justice system sucks. My husband get over 2 years but you let someone hit and run they just get probation.

      • Exactly. I was convicted of ccw 23 years ago and i can’t own a 🔫. It was brand new never even fired. Took the fire arms class, completed it and went to submit my paper work and was still rejected. SMH.

    • You should look around you. Consider that around 50 percent of all men have had some kind of criminal record. If your brother, sister, g/f or wife had a crime on her record from a quarter century ago would you hold it against them for life? Unforgiving are we if you say yes. I had been convicted of a crime when I was 24 years old. This is now 30 years ago. I have not had any charges since then. I hope you had a ticket in your life and you were counting on someone to forgive your ticket after 3 years. Never happened? Ever had a friend defend himself and get caught in a crime for it? I am sure you are so perfect that you and all of your family and friends never committed a sin or a crime in all your life. I know for a fact that I deserve my rights being restored. I havent tried it for a while but I am sure they wont even find my record since it’s so old. I will be getting firearms again. I also may be able to defend myself with air powered rifles. There are some very powerful devices made today. But, This comment you made is ridiculous. Once a criminal always a criminal. If that were the case, then jails would never be available for space and always over full. If this ocifer profile means you are a pig, then I understand. You see nothing but evil and wrong. You never see the reality of good in people and what people do with change. Pigs are perfect. Never. I know they commit crimes some so much as bad or worse than criminals.

    • All these people talking about other people making poor judgement, well guess what idiots, everyone has made poor judgement in their lives but was never caught,

    • So convicted felons have no right to protect and secure their property . Does this mean they don’t get to defend their childern from people that do home invasions.

    • Yeah but what about people with a felonies from 25 years ago that didn’t even involve a gun

    • I think you people that are judging everyone are the people that should be judged now i dont think rapest murderers childmolesters gangbangers should ever have or get their rights to bare arms just a thaught you shouldnt judge all felons

    • I am 45 yrs old I have served on a fire department and ems service have never touched drugs since I was 18 yrs old I experimented with pot. I had just turned 18 I was traveling with a 35 yr old adult when we got stopped in Texas and we had 7ounces of weed in the car. They slapped me with a felony possession charge, never been in any trouble in my life, yes I screwed up but I am not a hardened criminal or druggie or dealer and I have more than paid my price rather unfairly but I have. I have a family I work a great job and I want a firearm to protect my family. So u still think after all these years of doing good over a semi petty offense that I am still a criminal?

    • Your an idiot. Forgive and let live.especially if it’s been 15-30 years ago and is a respected person hold a job and family

    • You are so self judging and if you have a right to own a gun so do I as long as I am a law abiding citizen and pay taxes just like you and do govern the laws of this land I have a God given right to protect myself along with my family. You think just because someone goes to jail doesn’t have rights anymore you better read your constitution and look up the statutes in the law books you can do whatever you want to do but if it comes down to protecting my family I will no matter what you say feel or do live with it.🖕🏿

    • I agree with you to some extent but believe it should be on a case-by-case basis.

      Let me give you a quick scenario or “my story”. I have my own construction business and am a sub contractor. The general contractor skipped town with over $100 K, of which $14,000 was mine. I paid my employees out of my own pocket which left me with nothing. I needed a little money to get me by for the next 10 days till my next check. I thought it would be a good idea to photocopy a $20 bill and buy groceries. I got 18 months for one count of forgery (Nebraska – Bryce Miller – 84044) and am now out on parole after 9 months. I’m an avid gun owner/collector or I should say I was.

      I just have a hard time believing that for the next 50 years of my life, I shouldn’t ever be able to touch a gun.

    • In some states 3 dui turns into a felony so for you self righteous folks if you’ve driven drunk3 times but haven’t been caught…throw your gun away..you criminal

    • I could wager $1,000,000 right now that most of the people that comment on here, whether policeman, judge, doctor lawyer,preacher, whatever, who are scoffing at those who have made mistakes, have committed numerous crimes themselves (EVEN THE SIMPLEST OF CRIMES CAN GET YOI INCARCERATED!) but just haven’t been caught yet. Becareful how you put down others, I’ve worked with prison systems and seen many of all of the above members of society imprisoned for the most simplest of mistakes. THEY ALL SHARED YOUR ATTITUDES AT ONE TIME! BUT NOT ANY MORE!

    • As a professional and successful man, I have been living with a daunting felony conviction….

      In 1984, my 18 month old child sustained an slip and fall injury in the house. His injury was not clearly understood by my young-self and his young mom. By all appearances, he was alright. I went to work and was called home 6 hours later about a traumatic change. As much as we all tried resuscitation, including paramedics who arrived after I did, my son passed away.

      A kangaroo court was quickly arranged by a redneck sheriff, who did his best to discredit me with a terribly incorrect news story. Yes, it was an election year. My lawyers and I decided to let the prooving of guilty lay with the DA and did not put me on the stand. I was already angered with this faulty system I was experiencing. After the trial concluded, the judge met with my attorneys and confided that my verdict from the jury would be returned as not guilty. He was wrong. The sensitive jury was sold by the DA’s harsh closing statement and declared me guilty of Involuntary Manslaughter by ‘failing to provide timely medical attention’! What??!!

      My attorneys thought it cute to quote me $10,000 for Apeals representation. I was not only young and learning, but not rich by any means. My sentencing hearing was presented with several character witnesses. Some being cornerstone professional adults. Honestly, I believe the DA was embarrassed. The Sheriff of course was satisfied. My sentencing was 5 years suspended with probation. My probation officers through those five years went on to being my best friends even through many years since.

      So my question to you, sir, is how does this law change your thoughts in my case, if any? Those that know me, know that they would be beyond reproach if they ever thought of me as criminal.

      It was a very unfortunate experience to loose my child. In reality, I was the victim.

    • I think you have chosen poorly by making such a in-mature, uneducated, statement. Who made you an expert or judge.

    • Who the hell are your that says why should non violent convicted felon carry a weapon. We to have families and people do make mistakes at young ages.

    • One who opens his mouth makes too much noise.

    • I don’t believe that sir people can change. God makes moves on all kinds of people and changes them into better people. I don’t think that it’s fair that people have to live with a mistake and have to be reminded about it for ever.

    • Yes I made a couple of bad chocies and went 2 prison 4 both of them..then I join the armed services..my f.b.I. check came back they decided 2 keep me instead of discharging me…that was 36yrs ago..now I’m a 100% disabled vet…so tell me why u think I shouldn’t b able to arm and protect myself? Especially since the government didnt seem 2 mind when it comes down 2 defend this country

    • Officer spincter. Who made you judge jury and executioner? So many of you so called peace officers shouldn’t even be allowed on the force, but yet you are. Knock that chip off your shoulder and get a taste of reality. No man is perfect so says the lord

    • Im a felon for driving on a suspended dl wtf does that have to do with a gun?

    • i see supposedly law enforcement officers; so called keepers of the peace, lots are more crooked than the theives running around atlanta ga now; call your self respectful, then again you may be one of a 6, but i have personally seen law in every position doing more crooked crap than a career criminal; thing sets em apart is the clothing they wear; one in jeans; other in blue with an american flag on his shoulder; a disgrace to human race; a crooked law officer should be hanged by the neck to death

    • It’s sad to see that what is so important to the few, like myself, who like to be taken seriously in our pleas to be considered for the reinstatement of our privilege to ‘bear’ arms. I say ‘privilege’ because as a convicted felon, I believe that it would no longer be a ‘right’. But to those of you that believe it’s haa haa funny, I say, “Before you can judge someone, you have to walk a mile in their shoes.” I believe that most of these requests are frivolous, but there are exceptions to every rule. J.H. Dedicated U.S. Army veteran.

    • Some people do change and make a better life for themselves. I have known many people hath made bad choices when they were young and have never have had so much as a parking ticket after their first offence. Hell I also many priest that were drug dealers so by what you have said that they still are drug dealers and users.

    • People do change,and most of the time people don’t know the law…

    • People can change. Non violent crimes is the issue here. Everyone makes mistakes, don’t judge others.

    • Sad you feel that way. Sucks that we are humans and make mistakes. So I made a mistake when I was 19,I’m now 38,and haven’t been in any trouble since,and Noone from NC can help me get an expungement,due to their laws. Not every black man is a career criminal,jail prison,isn’t for everyone. There are good people out here who made a mistake,and needs help, but noone wants to help, just criticise and point fingers. Well I need help from anyone that can assist please.

    • ocifer spunkter u only make wht a janitor makes a yearunless u own the janitor company u mke waymore so its obviously u who makes bad decesions and most people dont evn need a gun and i can always shoot somebody with a list of deadly wepons that arnt guns

    • American people ,we make the laws and then we want to bend them,Why must you talk down on people that made a mistake in life or a poor choice at the time when faced with situation.I guess you are that perfect its just a matter of time before your turn comes around andnit will..

  2. In reality, imprisonment is a way of paying the price to society and restitution. Once you have paid your price and allowed back into society the government has decided you are ok to go back into society. All rights could be reinstated. The 2nd amendment does not say we have a right to bear arms…………unless you once did a crime or are a nut case. Gun owners scream registration and confiscation and hate any laws of any gun control. “That is not in the Constitution”, they cry. But banning ex-cons from having a gun is not in the Constitution yet we embrace the concept. So criminal’s have either paid their price to society and could be reinstated with full rights or keep considering them as criminals with no rights. I feel the law forbidding ex-cons from having guns is good even if it is not provided in the Constitution. That said we should stop accusing the government of making any laws to be disarming us so they can set up an unlikely tyranny. Stop the paranoia.

    • How do I actually apply for this restoration of rights?

    • Ex-cons have a right to protect their homes, liberties, and families as well you bigot and they should always have the right to own a firearm

  3. Born January 16th 1999 I committed a crime I have broken the law, my crime was a non-violent crime. I have served 5 years and 9 months in the incarceration field, since then, I have been out of my dark times, and I have been in the light of peace and avoided trouble. I am looking forward to restoring my gun rights and the rights to go outside of the United States for vacations.

    • The word felon is just being used as a means to strip our God given rights

  4. Grew up with amazing parents. Taught me right from wrong. High achieving student through my sophomore year in high school. That summer I got mixed up with a crowd that started me on meth. Ended up with some misdemeanor charges as a minor from the ages of 16 to 18. Caught a burglary charge at 18, for stealing some tools out of an open garage, to buy meth with. Caught a petty theft with a prior for stealing a bottle of booze to try to come down off the meth one night, at 22 years old. Got out of prison at 23 years old.

    When I got home I knew that I couldn’t be around my old friends. Moved away with a great woman that I met. Worked for a landscape company for 4 bucks an hour for 2 years. It was small, and I bought it from the owner 2 years later, when he retired……he let me make payments. I grew the business and made a decent life. Eventually left for a county road department job, with all the benefits that a government job offers. I took their sign and traffic signal department from the cave to modern days. Became a foreman within 8 years and am on track to be the Roads Superintendent when the current one retires in 5 years.

    Raised 4 wonderful children. Have 9 awesome grand children. Been with the same woman for 24 years. Own my own home. Volunteer my time and money to my community, and am well respected here. But even though my felony crimes (non violent) are 24 years old, and I have been a completely different person for all of those 24 years, I still can’t own a rifle to go hunting with my friends, or a hand gun to be able to protect my family in my home.

    I understand the need to keep guns out of the hands of dangerous people. But when a person has clearly put their past behind them, I believe that they should have their gun rights reinstated. Far, far more “dangerous” or irresponsible people than the man I have been for the majority of my life, and am now, are purchasing guns today.

  5. How can I get the paperwork showing that I got my resume lights reinstated from 1985 or 1986 my dad has then passed away and he’s the one who filled the paperwork for Mr and all I did was signed it but ever since my dad passed in 2997 my mother throughout all if his paperwork and now that I’m a Pastor I need to get my concealed carry because I have been threatened people and they need proof that I have my rights reestablished and don’t know how to get the proof can you help ?

  6. So if my civil and firearm rights are restored in Virginia, I am not legally allowed to possess a firearm in NC until 20 years from when my rights were restored in Va?!?! I ask this because I have lived in NC for 9 years and thought once your rights were restored you were good to go. So now it seems to me like it is a state to state scenario?

  7. Hey you guys with fed. convictions, a bill giving the ATF funding to process the applications for firearms restoration passed the House in 2015 but was shot down in the Senate. You should all contact your Senators and ask them to vote for any bill that provides funding to the ATF for this purpose. There are several million non violent felons in this country that have this same problem but very few are doing anything about it but whining. They all know it is wrong and unconstitutional but nothing will change unless you make some noise. Get off your butts and get some letters and phone calls to your congressmen and senators if you want to get something done about this. Remember there is power in numbers so it is just a matter of getting everyone to work together.

  8. I spent 7 years in the combat zone as a military contractor. I have been hurt twice as a result. I spent over a year on a military ship as well. I just got hurt bad on the ship. I haven’t been in trouble for 35 years. I have a secret security clearance. That said, I never hurt a sole in my life. I can not own a gun. The law is made for the rich. Not the working class. I should be a poster child for restoring gun rights.

  9. We have The Bill of Rights, the only Rights we have whether you are in trouble or not it is imperative to know them and keep them. Where does it come to be that those Rights which are needed in the courtroom are taken away as part of punishment? After paying your “debt” why are Rights still denied? Does one lose the Right to express themselves if they say they are going to harm someone? Why is the 4th Amendment requiring of a warrant to search a person’s property also an excuse to damage the property? And also allows a flash bang device, which can be deadly, to be used? David Koresh could easily have been arrested on any of his trips into town but ATF opted to raid the “compound” in full battle dress and take many lives in the process!
    Free speech, defending ones life with a firearm both require permits, permission to exercise a Right makes it no longer a Right. Peaceable assembly quickly becomes a riot when police show up in riot gear. Citizens are not allowed to wear body armor. Police are allowed to lie to you. Lie to police and you have broken the law. You have the Right under the 5th Amendment to not speak to or answer any question from police so why do police have interrogation rooms? Because they know most are unaware of the Right and it shows a complete disrespect by police for your Rights. No one in custody of the jail or prison system should die from anything other than natural causes yet inmates are killed all the time or die from being denied needed prescribed medications. The staff and administrators are never held accountable. They do not protect you either.

    A quadriplegic wheelchair-bound man, the injuries resulting from an auto collision, lives with his wife and children. His home is suddenly raided by DEA agents after a short investigation and surveillance. He arrested for having too many opium based pain relievers. It was his prescription but he had not taken enough of them! They decided he was maybe going to sell the extras although there was no proof of that He served 8 years.

    All the self-righteous anti-gun commenters responding to this article of rare cases and misconceptions best pay attention to their own business because the misuse of law enforcement is far more common and deadly. Also nobody is punished for fatally shooting an unarmed man in the back as long as the shooter has a badge.

    Ten Rights guaranteed are what you all need to work to keep intact. Taking Rights from some leads to the loss of them for all.
    Look up the name “Joseph Lozito” if you really want to know what is what and then “Tenaha Texas”.

  10. Hi all I know is I’m paying everyday for my past I got a few DWI one was a felony I did my time did all they wanted me to I got a hardship license drove five years without a ticket they reenstated my driving privalege then I went another decade without any trouble never drank or anything then I had a crises the place I was working was relocating four hours away at the time I had a new house my own vehicle I was raising two boys at home and this division I had to make had me overwhelmed but anyway I decided to relocate to keep my job to keep insurance for children I let them stay with Grandma so they could stay in same high school and graduate but in mean Time I was driving back and fourth trying to keep things together well the stress of driving and not knowing what I should do took its toll on me,so I was driving from OK city to in mo.i was so tired I couldn’t stay awake I was frustrated so I made wrong decision low and behold I was on phonedidnt realize I was going ten miles over speed limit got stopped but I wasn’t drinking at all but he wanted to draw blood officer said if k didn’t he would keep me in jail so I did and after twenty four hours they let me go but I plead guilty to a misdemeanor but it got me 10 weekends in jail 900 dollar fine attorney feesthey didn’t say anything but after all that I get a letter saying I could never drive again and can’t own a gun, after 16 years of never hAving accident never shooting anyone for the rest of my life I can’t protect myself and can’t get around like normal people to keep Aman down like this is crimanal I’ve paid dearly for what might have happned good luck to all those fighting for rivhts

  11. I got a good story & some of you aren’t going to believe what I’m about to say but believe me it’s all true. 26 years ago I got charged with not getting permission from the IRS to manufacture an explosive. I am a Marine Corps veteran, & I figured what I do in my home is my business, well not. Especially when my exwife made it the police business with her lies making her out to be the victim. Well that went on from 1988 till 1990 in which time I purchased a single shot shot gun to go hunting. Well she got in touch with ATF after she left me & ATF surrounded my house & arrested me & on their way through they stopped & arrested my ex as well. So we went through all the finger printing the whole nine yards & she is there telling them about my scars & everything & one of the agents said she knows what she is doing. See she changed her story so many times. Any how I got assigned a public defender that knew nothing about criminal law. Plea deal didn’t happen but if I stayed with my not guilty plea they were going to set her free & then use her & her girlfriend to testify against me. Yes they can do that, they are ATF. So I changedd my plea to guilty because I wasn’t going to let her get away with anything. Because we were not to have contact with each other at all & she broke that bond many times but they did nothing to her. I got 9 months federal time & she got 8 months. Well I did my 9 & was released to 3 years supervised release. My ex ended up with 6 more months added to her time. Got my divorce immediately after I was out. Haven’t been in trouble since. Not a criminal to begin with just made poor judgement. So 26 years later my wife & I are being poisoned by people thinking & believing some want to be drug lord or whatever. We had to leave our apt in Pa, I’m talking about all our belongings furniture motorcycle that I was almost done building everything. Grabbed a few clothes our meds & paperwork & got out of the state. Went to Ohio, well it followed us, because they compromised our phone everything. Now in Ohio one of the blood test showed arsenic in my wifes blood. I don’t have no insurance just the VA & I’m not getting anything done there, they want me to see a shrink. But nothing happened. been in touch with the EPA in Pa, my wife even had a nurse coming once a week & they were effected by the poison, so the board of health was doing anything, Got in touch with ATF & nothing there. Now my wifes medical records have been compromised in PA & Ohio. The board Of health in Ohio said best thing for us to do is move because it’s hard to tell what all poisons they are using. So now we moved to S.C. & were here for 4 days & so called friend of mine & his wife got us hooked up with this trailer that we are at now. no heat, landlord was suppose to get baseboard heaters, that was in Jan it hasn’t happened. Have had people on the roof underneath the trailer. We continue to seal & nail skirting where it is loose. Now the landlord put a blind up in this half done garage that has an unfinished upstairs to today. So we got the guy across the streets that plays on off with his lights or beats on a drum out in his yard that looks like a junk pile. We got in touch with the FBI the other day & can’t get nothing done. So I hve no option but to make me a shot gun, I’m going to give a warning shot & let them know the next one is for them. Got no where to go because everyone that I have found wants an application fee & background check. NO felons! So what we supposed to do, just sit & let them kill us? Because I know when I shoot one of them they will arrest me because of me having a record & they won’t even bother with an investigation be cause the law is lazy. My wife is covered with all these sores on the out side of her body I get some but not as bad as her but our insides oh my the stomach cramps excessive sweating, bones hurt & I’m going on 59 done had a hert attack & got degenerative joint disease, my wife has heart problems & osteoporosis. All of my teeth have fell out because of this I only have 4 left on the bottom & 2 of them are getting loose. That was another thing the board of health said too in Ohio, this is rare. Oh no it’s not. It is a major thing now, just don’t hear about it on TV. But you tube check out arsenic gangs, gang stalking it’s every where. Arsenic gangs is a little differant because money is involved as little as $50 bucks, all age groups. there is one in florida that went through it for 10 years & the neighbors even had block parties. They were getting off on what they were doing to this family. Broke into their home poisoned their food & bottled water which we have had that done too. Can you imagine how pissed off you would be to just grocery shop. go away & come home & realize your food is poisoned & you got to get rid of it & buy it again. I can’t tell you how many times we had to do it. even changed locks, but learned a lot about locks on you tube. Your best locks are grade one. They cost more & being on a fixed income it makes it hard. Our car plate expired dec 31st 2016 Haven’t been able to get it done cause got to pay property tax on it & we just got it 2 years ago by the grace of God. But going to get it done this friday & get my license. My wife is staying home, afraid to leave the home again just like PA & Ohio. I had to do the shopping & everything & she stay at home like a prisoner in your own home. So what do we do.? Can’t get no help from no one? anyone have an idea email me. go to facebook & look for loneeagle1100. This is no bull crap! It’s real!

  12. i want my rights back in the old times you got your gun back after you did your time, i had two drugs charges only did a year each of them the last one i got out in 06 don’t do that evil drug anymore i have changed i stay home with all 15 of my animals i live way out don’t drive so i think i should be able to have a gun to protect myself my ex- son-in a law just got out of prison and he is nuts I’m afraid he may come and hurt me bad he has hit me in the past i’m getting to old to be hit, i think everyone should get there right back if they wasn’t there for any violent or sex and stuff like that if it was to do with drugs you should get them back because all you was hurting was you

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