I Want To Get My Gun Rights Back
October 29, 2015
In the course of determining our clients eligibility for various expungement and sealing options, we invariably get this question: How can I restore my firearm rights? Firearm possession is restricted at the federal level, and often at the state level, for certain types of convictions. Federally, firearm access is restricted for any person convicted of a felony (defined as a crime punishable by a term exceeding 365 days). State law varies in firearm restriction specifics, but generally felony convictions will trigger firearm restriction. Some states only restrict firearm access for violent or sex felonies, other states restrict firearm access for many number of misdemeanor convictions as well. Almost across the board, firearm possessing is restricted for individuals actively on probationary sentences, even if that probation is unsupervised. Violating these firearm restriction laws mean that you can face prosecution under federal and state law for being a felon in possession of a firearm. This is a federal felony violation, and is a misdemeanor or felony violation depending on the relevant state’s laws. Conviction for a felon in possession violation can carry serious penalties, and can often mean an offender is going back to prison.
Here at WipeRecord.com, we recognize this cherished right to bear arms and we are committed to helping our clients restore their firearm rights. Many of the members of our firm are avid hunters and we revere hunting as treasured American pastime. Our firm is fully endorsed by the National Rifle Association. Many Americans are raised with firearms as a large part of their lives, and to have this right revoked can be devastating to our ability to feed and protect our families. The bottom line is that gun rights are important to Americans for many reasons.
Related Content: Firearm Rights Restoration by state
However, answering the question of “how do I get my gun rights back?” often involves a long and complicated legal answer and we are prepared to answer this question. The answer is complicated because of the intersection of federal and state law. The federal law often restricts firearm possession to a greater extent than many states. A person can legally be allowed to possess a firearm under state law, but under federal law they remain barred. Furthermore, the controversial Lautenberg Amendment to the federal Gun Control Act restricts firearm possession for those convicted of a “misdemeanor crime of domestic violence”. The federal government has their own unique definition of what constitutes a “misdemeanor crime of domestic violence”. This creates issues in determining whether a certain type of state conviction actually meets the federal definition. As you can see, there are many factors that play into your eligibility to own a gun once you have been arrested or convicted of a crime, including the state and county where the offense occurred. Some states have much more lenient laws related to firearm possession than others. Some states have statutory schemes that mimic the federal law, making firearm restoration a little bit easier. There are many number of factors to be considered in determining firearm eligibility.
To learn if you may be eligible to have your gun rights restored, please contact us at your earliest convenience at 844-947-3732 or you may get started now with our free, secure, confidential eligibility test. We offer a low price guarantee on all of our services. Our attorneys and staff look forward to working with you to assist in your goal of going out to hunt with your family again or to protect your homestead in a manner consistent with the Constitution of the United States of America.
On September 2, 2021, the Illinois Supreme Court issued its long-awaited decision on Evans v. Cook County State’s Attorney. The decision resolved two questions that have been causing delays in the lower courts of Illinois in matters of firearm rights restoration.Read More
If you have a criminal record, you could be prohibited from buying a gun. The National Instant Criminal Background Check System (NICS) is the federal system that federal firearms licensees (FFL) such as gun shop owners, pawn shop owners, and retailers use to determine whether a person is legally permitted to purchase a firearm.Read More