Restoring Gun Rights After a Felony Conviction
It’s no secret that the consequences of being convicted of a felony can follow you long after you’ve served your sentence. One of these consequences is that you are legally barred from owning or carrying a firearm. However, this doesn’t necessarily mean you can never go hunting or protect yourself or your home again. Our gun rights lawyers in Raleigh are sharing how you can get your firearms rights restored in North Carolina.
Expunging Your Felony Conviction to Restore Gun Rights
If you were convicted of a nonviolent felony, you may be eligible to apply for an expungement. This means your record is sealed and you are given a “clean slate.” In order to be eligible for this, your sentence or probation must have been 10 years ago or longer, must be a Class H or Class I felony, and cannot:
- Involve any kind of violence or assault
- Require placing your name on the sex offender registry
- Involve possession of heroin or methamphetamine
- Involve the sale or delivery of cocaine
- Involve any type of hate crime
- Involve the use of a commercial motor vehicle
Expungements are difficult to obtain and the path to filing can be challenging to navigate. Our team of attorneys assists those convicted of felonies to reclaim their records and restore their rights, including their gun rights through this method.
Applying for Restoration of Gun Rights After a Felony Convictions
If your felony conviction can’t be expunged, the next option to restore your right to own or carry a gun is to file a Petition of Restoration of Firearms Rights. In order to be eligible for approval, the date of your conviction must be at least 20 years prior to filing and satisfy the following criteria:
- A resident of North Carolina for one year prior to filing
- Only one felony on your record and it must be a nonviolent felony
- Rights of citizenship have been restored
- Not convicted of any other crime since the conviction of the felony
- You’ll submit to fingerprinting from the county sheriff’s office
Also, you can’t be disqualified from any of the factors that would affect your ability to own or carry a gun.
Who Cannot Have Their Gun Rights Restored in NC?
Even if your record is expunged or your non-violent felony was committed over 20 years ago and you meet all the criteria above, you may not be eligible to have your gun rights restored if your felony was a federal felony or any of the following are applicable to your situation:
- You are under indictment for a felony
- You are a fugitive of justice
- You are an unlawful user of a controlled substance
- You were ever dishonorably discharged from the military
- A civil no-contact order or restraining order has been filed against you and is still in effect
- An entry of a prayer for judgment continued for a felony has been filed
If you’ve been convicted of a felony and would like to have your gun rights restored, schedule a consultation with an experienced gun rights lawyer in Raleigh today. We are dedicated to helping you get your rights back so you can enjoy outdoor sports or protect yourself and your home.
Restoration of Firearms Rights in Pennsylvania 2023
While there are instances in which firearm revocations are well-warranted, others may find themselves questioning whether their relatively minor brush with the law justifies a prohibition from owning firearms and want to learn more about the restoration of firearms rights available to them. In certain circumstances, gun rights can be restored through the pardons and/or expungements processes.
What Makes You Lose Your Right to Bear Firearms in PA?
Disqualifications don’t have to be felonies. Common instances that disqualify you include drug charges, including using, possessing, growing, trafficking, distributing, and manufacturing illegal substances—even owning paraphernalia counts as grounds for disqualification.
Are You Eligible for Gun Rights Restoration?
Understanding the pardon process is important to determine whether you are eligible to restore firearms rights. Pardons are the first step toward clearing old criminal records, which involves obtaining court records.
How to Restore Your Gun Rights in Pennsylvania in 2023
Restoring your gun rights in Pennsylvania depends on your crime, meaning the solutions vary between people. As such, the first step to knowing your solution is to get your criminal record. You can browse Pennsylvania’s Unified Judicial System (UJS) and enter your name and date of birth.
How an Expungement or Pardon Effects Gun Rights Limitations
So, does a pardon restore gun rights, or is that an expungement effect? Both are necessary for lifting your gun rights limitation. When you have a misdemeanor or a felony conviction, the governor will need to pardon your case before it can be expunged.
Restoration of Gun Rights Under Federal and Missouri Law
Under federal law, gun rights may be restored for certain felony convictions. 18 U.S.C. §§ 921(a)(20) and (a)(33)(B)(ii) says that “[a]ny conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of [ the federal gun ban.”]
Can a Non-Violent Felon Possess a Firearm?
There is a lifetime ban from possessing firearms for ALL felony convictions, not just violent felonies. However, the new Missouri expungement statute provides for the removal of all “collateral” consequences of some felony convictions if the expungement action is successful. RSMo 610.140. Note that this applies to state crimes and not federal convictions.
Do I Qualify to Have My Gun Rights Reinstated?
Ohio law sets certain limits on gun ownership and concealed weapon permits for convicted felons. For example, anyone who is convicted of certain violent crimes, including domestic violence, is permanently prohibited from owning a gun.
Are You Looking for a Criminal Defense Lawyer in Cincinnati, OH?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
Frequently Asked Questions (FAQs)
1. Can a non-violent felon get his gun rights back?
Yes, a non-violent felon may be able to get his gun rights back through expungement or restoration of firearms rights, depending on the state laws and specific criteria.
2. What disqualifies you from owning a gun in Pennsylvania?
Disqualifications in Pennsylvania include drug charges, protection from abuse orders, involuntary civil mental health commitments, and certain misdemeanor convictions.
3. How long does it take to restore gun rights after a felony conviction?
The time it takes to restore gun rights after a felony conviction varies depending on the state laws, the nature of the conviction, and the process of expungement or restoration of firearms rights.
4. Can a felony be expunged for gun rights restoration?
Yes, in some cases, a felony may be expunged to restore gun rights, provided the individual meets the eligibility criteria and follows the legal process for expungement.
5. What are the common reasons for denial of gun rights restoration?
Common reasons for denial of gun rights restoration include errors on the application or court files, failure to prove a law-abiding life, and objections from interested parties.
6. Can a non-violent felon possess a firearm in Missouri?
Under Missouri law, a non-violent felon may be able to possess a firearm if the expungement action is successful and the collateral consequences of the felony conviction are removed.