Don't Let Your Past Limit Your Future

President Trump and Gun Rights Restoration

February 22, 2019
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If you are a convicted felon and you once had the right to legally own a firearm, you may have been unpleasantly surprised to find out that you can no longer legally possess a gun with a felony criminal record.  A felony conviction typically comes with a potential prison sentence of up to one year. Federal law further prohibits those who were convicted of a misdemeanor crime of domestic violence, or who received a dishonorable discharge from the military.  

If you have been affected by these laws, you may be wondering if the Trump administration is doing anything to make it easier (or harder) to restore your gun rights. Well, that is not a simple question to answer, mainly because President Trump has a somewhat shifting view on gun laws.  Very often do we hear different versions of his policies, leaving many to wonder what might happen. During his campaign, President Trump was very cozy with the NRA, and it was no secret. His views on gun rights appeared to be nearly a polar opposite than those of former President Obama.

However, since elected, President Trump’s administration has changed its tune on the Second Amendment, angering some of his early pro-gun supporters. For example, the Trump administration recently urged the Supreme Court to reject a Second Amendment claim that would restore the right to own a gun for two Pennsylvania men who were convicted more than 20 years ago of nonviolent crimes. 

The case of Sessions vs. Binderup has put the President’s stance on certain gun rights issues into question. The position of Trump’s Justice Department seems far different from the campaign rhetoric that the country heard when Trump was fighting for the presidency. Although, there are several Republican lawmakers who are still pushing to help felons restore their right to own a firearm again.

One amendment currently being proposed would give the ATF funding to review applications from people who want to own a gun but legally cannot under federal law. This amendment would give authority to the ATF to independently review each candidate trying to restore their firearm rights, and reach a decision based on several factors.  

It may be too early to tell if President Trump supports the restoration of gun rights for individuals who did not commit violent crimes. But, if we have learned anything from his presidency so far, it is that the past does not in any way predict the future with Trump. There is a great deal of uncertainty, and no shortage of surprises within the Trump administration. The protected right to self-defense is a key part that defines the greatness of America. For more information regarding firearm rights restoration, consult a law firm with experience in such matters.

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Comments ( 14 )

  1. Gregory Jones says:

    Many Americans such as myself know good people affected by this. I traditionally vote democratic but would vote republican if I knew and saw actions of relief for people with federal gun disabilities.

  2. Brian Jerome Taylor says:

    Can l get my rights back to carried. I am a small business owner now well just starting it. But ur response would really be appreciate thank u.
    From. Mr. Brian J Taylor

  3. Harold Roberts says:

    I am a prior convicted felon, for carrying with out a license and, because of other charges that I have when waive as a child they enhance the charges to a SVF,I AM A reform individual and no long wish to commit crimes,but it is our 2nd amendment right to bear arms and alot of us r being denied our given right per our 2nd amendment right

  4. Randell Chambers says:

    I am a ex-fleony and I am trying to gain my second amendment back the right to own a weapon .

  5. TRACI HAMILTON says:

    I was convicted and served 5 years in prison for a NON VIOLENT crime. I have NEVER HARMED ANYONE IN MY LIFE. I was at the wrong place at the wrong time with the wrong people. That was over 15 years ago. I am a very quiet person I stay home and take care of my 83 year old mom and our pups I Love all animals I believe in GOD FREEDOM OUR CONSTITUTION OUR RIGHTS. I have been robbed at gunpoint over 5 times & had 3 home invasions by criminals that took a lot of my stuff like flat screen tv 65” etc. I am a very peaceful person but I want to be able to DEFEND MYSELF AND MY ELDERLY MOM. I have NEVER BEEN A VIOLENT PERSON. I NEVER WANT TO BE HELPLESS AS I HAVE NO CHOICE BUT TO SIT AND WATCH PEOPLE ROB ME IN MY OWN HOME!!!

  6. Joe Sizemore says:

    I spent 23 months in Federal Prison, non-violent, life member NRA, 21 years Govt service, own my home free and clear, 750 credit score, and i cannot own a firearm? !
    Peaple make mistakes, i did and i paid for it! How UN- American is it that you screw up one time, your done! Giving people the ability to become whole again is the American way……or should be!
    The ATF used to provide background checks for Federal Felons. Approx 1/3 got theit rights back. In 1992 Sen. Chuch Shumer “defunded” ATF so this giant Govt. Agency would no longer provide us the relief we seek. Its almost 2021….thats 29 years…1/3 of 29 years of Federal Felons is alot of Americans! Are you one? I am! I write the White House monthly with this concern . Good luck to all of you!

  7. Christopher Harty says:

    To Whom It May Concern:

    I’m looking to have my firearms privileges restored if possible. I have felony convictions in south Florida for obtaining a controlled substance by fraud and illegal possession of Valium in 2002 and 2003. These are nonviolent and 17 years have elapsed since I have been released from incarceration, which was only a few months on each charge.

    I also have convictions with the US government, Eastern District of Pennsylvania in 1991 for felon in possession of a firearm and false statements in connection with the acquisition of a firearm. After being convicted of receiving stolen property in Bucks County, Pennsylvania in 1985 and serving 2 years probation, my probation officer advised me I could lawfully own firearms as I was not convicted of a crime of violence. Unfortunately this was with respect to Pennsylvania laws without regard to 18 USC 922 of the Gun Control Act of 1968 and because of a lack of due diligence on my part I inadvertently falsified ATF Form 4473 on several occasions. One of the gun dealers was under investigation by the Bucks County Sheriff’s Office and Bureau of Alcohol, Tobacco, and Firearms and I was arrested in 1989 after the 4473 forms were reviewed for compliance. This kind of misinformation would not happen today as the state versus federal gun laws are widely available on the Internet. In 1987 there was no online anything and most local and state law enforcement officials were unaware of the Gun Control Act or even knew who the ATF were. They didn’t gain nationwide prominence until Waco in 1993. I am not trying to absolve my guilt for my federal crimes; this has been determined almost 30 years ago. I am merely asking for forgiveness for an oversight on my part.

    The federal government did a downward departure since I acted as a material witness for the Bucks County Sheriff’s Office and I was sentenced to 5 years probation which I completed in 1996. All my files are with the southern district of Florida since I relocated there in 1990.

    I have been clean and sober now for 17 years. I see there’s a case with the Supreme Court now (Barr vs. Kanter) that may affect my prohibited persons status under 18 USC 922. I have never been convicted of a crime of violence and have been an upstanding member of society since released from incarceration at the Broward County Jail on September 15th, 2003. I now reside in New Orleans and have been gainfully employed since 2004. I am not prohibited on the state of Louisiana level as my convictions are nonviolent and more than 10 years has elapsed since I have completed my sentence.

    Please let me know my options.
    Thank you,

    Christopher Harty

    • admin_WR says:

      Hi Chris – thank you for your message. The best thing to do is to call us during normal business hours to discuss your specific situation in greater detail.

  8. Nyla Rose Hodge says:

    i was wanting to get a letter through to the president pertaining having my record expunged .

  9. Will says:

    Hello all…

    Back in October 2000 I pled guilty to Conspiracy to intercept electronic communications, obviously a non-violent crime. I probably could have fought it and won but the cost financially would have been huge (my boss fought it at won but lost his home, vehicles and more because of lawyer costs). I was fined, given 2 years probation, 6 months home detention, but no prison time. All of this happened in the state of Massachusetts but I had just moved to California so I did my probation, home detention in California

    I still live in California. This year I registered to vote and they allowed me to vote as I guess the state restores your right to vote after you have completed any sentencing, even federal. However I would also like to purchase a firearm so I can protect my family and home, as we live in the country and the sheriffs department moves at geological speed here (a few weeks ago my spouse accidentally called 911 on her iPhone. 2 hours later they show up for a wellness check. sigh).

    Is a presidential pardon my only path to getting my 2nd amendment rights restored or can California do it as they did my right to vote? I’ve read so many documents on this matter but its like crossing the streams in ghostbusters.

    Any insight would be greatly appreciated.

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