Peter Blair | February 5, 2016 | Uncategorized
In October 2015, Congress made a huge decision in a new direction when they decided that ex-felons who were not charged with violent crimes, should be able to restore their gun rights. This was seen as a significant victory for those who fight for Second Amendment rights. Colorado Republican Representative Ken Buck wanted nonviolent ex-felons to be able to apply to restore their rights so that they can change the course of their lives and learn from their mistakes. In the past, many ex-felons had asked the Bureau of Alcohol, Tobacco, Firearms, and Explosives to restore gun ownership rights, but the agency would usually fail to investigate the applications. In California, if you are convicted of a felony or certain misdemeanors, you will lose your right to possess a gun in California. California has very strict gun laws and you will not be able to possess one if you are addicted to narcotics, deemed mentally ill, under the age of 18, on probation and excluded from gun ownership, or convicted of a felony. One felony conviction officially bars you from being able to own a gun for life! However, this is not the end of the line for you if you have received a felony (in many cases, at least). There is a thing known as “Civil Rights Restoration,” which allows you to gain certain rights back. You must note, though, that you may only have your gun rights restored if you had a conviction that was not a felony involving a dangerous weapon or a crime of domestic violence.
How Can I Gain My Rights Back?
First of all, you must realize that in the case of many felonies, your rights are probably not lost permanently. There is usually always a chance to get a word in and attempt to gain your rights back through a vigorous process. However, if you are dedicated and set on doing so, it is something to consider. You must first work to figure out who charged you with the felony crime. You must ask yourself: Was it a state or a federal offense? Your first step should be to contact the Department of Justice in the state you live in. There are forms to help you have your civil rights restored. However, these forms will only mean something if you are able to prove that your life has changed and that you are now reformed. As the ex-felon, you must be able to show that you have a steady job and ties to the community as well as other reasonable and societal advances after your conviction. You must have also waited a significant amount of time after the conviction. Keep in mind: It is easier to have your rights restored if your conviction was given by a state court rather than a federal court. Federal laws are often stricter than state. If it was a federal court crime, then you will need to file with the U.S. Attorney General’s office or the Bureau of Alcohol, Tobacco, and Firearms. Your application will be reviewed further. To have rights restored, it is always a good idea to have an attorney fighting alongside you. The Law Office of Peter Blair understands your rights and has the experience needed to fight on your side. Find out more information today by calling the firm!