How can a person with a non violent felony protect his family if can't bear arms? 45 Answers as of June 19, 2013

I have a non violent felony in 1998.

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Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
You can petition the court to have your firearm rights restored 5 years after completing all conditions of a sentence in a class C felony, 10 years for a class B. See: RCW 9.41.040(4)(b).
Answer Applies to: Washington
Replied: 5/7/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
By utilizing alternative means of protection such as calling the police or bringing in a guard dog, or something to that effect.
Answer Applies to: Michigan
Replied: 4/17/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
You would need to petition the Federal Court to have your federal rights restored.
Answer Applies to: Kansas
Replied: 3/16/2012
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
You may have to wait a period of time before your rights are automatically restored, however, in some states, you may have to visit the county gun board and apply to have your rights restored.
Answer Applies to: Michigan
Replied: 3/13/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
However you may be able to get the conviction expunged. You should hire an attorney.
Answer Applies to: New York
Replied: 6/19/2013
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    In Oregon you may be able to petition the court for Restoration of you Right to Purchase and Possess Firearms. Some felony offenses are excluded from the restoration process. You may also be able to file for an expungement of certain felonies which will automatically restore your rights. Talk to a Gun Right Lawyer in Oregon or the Oregon Firearm Federation which is responsible for much of the pro-gun legislation efforts in Oregon.
    Answer Applies to: Oregon
    Replied: 3/12/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You may consider applying for reinstatment of your civil rights and the return of your gun rights. The process is started at the Alabama Department of Probation and Paroles (State Probation) in your home county.
    Answer Applies to: Alabama
    Replied: 3/12/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Since the recent US Supreme court opinions regarding the second amendment, there has been a fury of litigation regarding questions just like this. Think Martha Stewart, a felon because she lied to a federal agent about monetary transactions. There are cases being litigated now. If you are interested in possibly pursuing litigation of this sort you should speak to a Second Amendment Attorney.
    Answer Applies to: Hawaii
    Replied: 3/12/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    See an attorney with your record. In Michigan for some types of convictions you rights to have firearms are automatically restored after a period of time. In others you have to apply to the county gun board to get them back. An attorney will be able to help you figure out waht needs to be done; but he will need to know your record and how long you have ben completly done with probation or jail or prison.
    Answer Applies to: Michigan
    Replied: 3/9/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    I use a burglar alarm, 911, and common sense. If those don't work, I would get a protection order against whoever is threatening me and document all harassment and threats to your safety. Why does everyone think you need a gun to protect yourself?
    Answer Applies to: Wyoming
    Replied: 3/9/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    I agree, but it's the law. That's why you never plead to a felony.
    Answer Applies to: Texas
    Replied: 3/9/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You forfeited your right to bear arms with your felony conviction. Unless your felony was dismissed, or you got an expungeable probation for drugs or cannabis, you cannot get an FOID card, or ever possess a gun or other firearm, if you live in Illinois. Call the police if you or your family is in danger, that is their job to protect you.
    Answer Applies to: Illinois
    Replied: 3/9/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The person can use any means that don't include a gun or other deadly weapon. Doubtful you would be charged defending your self or property with a knife.
    Answer Applies to: Nebraska
    Replied: 3/9/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Any felony conviction results in lifetime ban on possessing firearms. I dont have any useful suggestions other than to consider the safety issues of where you live and visit. Firearms are the only effective defensive tool against criminals. Knives, clubs, pepper spray, are all far less effective and carry high risk, since you have to allow the other person to get close to use them.
    Answer Applies to: California
    Replied: 3/8/2012
    Salladay Law Office | Lance Salladay
    Depending on the nature of the "non-violent felony" you may be able to have your right to possess a fire arm restored.
    Answer Applies to: Idaho
    Replied: 3/8/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    make sure your doors are locked when home, keep a baseball bat and cell phone handy. There are millions of American's who do not own a gun, the vast majority of them have no problem with protecting their family. Those that do own a gun are more likely to hurt their family or suffer an accident as the result of an unintentional misfire, than use the gun to protect their family. I am a supporter of gun rights so please do not assume that my answer is biased, it is just the truth.
    Answer Applies to: California
    Replied: 3/8/2012
    Law Offices of Shaun R. Marks, P.C.
    Law Offices of Shaun R. Marks, P.C. | Shaun Marks
    If you have a felony conviction of any kind, you forfeit your right to own or possess a firearm. Simple is that. You shouldn't even have a gun in your home even if it is owned by someone else.
    Answer Applies to: Michigan
    Replied: 3/8/2012
    Law Office of Patrick Lewis, LLC | Patrick M. Lewis
    Unfortunately, although Kansas state law sometimes allows a person to use firearms after conviction of a felony, federal law is not so forgiving. There are many methods of protecting one's home and family which do not require the use of a firearm. Self defense courses can teach unarmed methods and there are other weapons which would not trigger federal firearm violations.
    Answer Applies to: Kansas
    Replied: 3/8/2012
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    Protection is what the police department is there for. What you are really speaking of is you want to own a gun/rifle or shotgun, isn't that true? If so, you lost that right after being convicted of a felony. What you really want to know is whether there is something that can be done so you can own a weapon. The answer to that is yes, you can, but only after you have obtained a Certificate of Relief from Civil Disabilities which is issued by the Court that convicted and sentenced you. You may wish to hire an attorney to obtain one for you as it can sometimes be difficult to obtain.
    Answer Applies to: New York
    Replied: 3/8/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Do what everyone else in other countries have to do: use a bat, your hands.
    Answer Applies to: California
    Replied: 3/8/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    Take self-defense classes or learn how to use a different weapon.
    Answer Applies to: Texas
    Replied: 3/8/2012
    Pingelton Law Firm | Dan Pingelton
    You should call the police.
    Answer Applies to: Missouri
    Replied: 3/8/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can move to a better neighborhood, get a dog, get pepper spray in certain jurisdictions, get an alarm system, put up a fence, install lighting, take self-defense classes, or use a baseball bat. You are a felon and New York State does not want you walking around with a gun or even having one at home. If you want to own guns don't commit crimes.
    Answer Applies to: New York
    Replied: 3/8/2012
    T.K. Byrne | Timothy K. Byrne
    You may be able to expunge the felony. A few felonies are able to be expunged. Otherwise, apply for a pardon fron the governor or seek a restoration of your civil rights through the state legislative body.
    Answer Applies to: Mississippi
    Replied: 3/8/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    You'll just have to protect them with something other than a firearm. There is a procedure under Mississippi law to get your rights reinstated to possess a firearm. However, the problem with that is the Federal authorities ignore the State's reinstatement of rights and they will still arrest you under Federal law for being a convicted felon in possession of a firearm.
    Answer Applies to: Mississippi
    Replied: 3/8/2012
    Bruce Plesser | Bruce Plesser
    You can try and have the felony expunged. The state can make those rules and if they pass constitutional muster, you're out of luck.
    Answer Applies to: Florida
    Replied: 3/8/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Get your rights restored and you can own a firearm otherwise you cannot.
    Answer Applies to: Florida
    Replied: 3/8/2012
    Ross Scaccia Attorney at Law | Ross Scaccia
    Just be cautious.... there are a lot of non felony people without guns.
    Answer Applies to: Louisiana
    Replied: 3/8/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Call the police if there's an incident. The majority of Americans don't have guns and get along just fine.
    Answer Applies to: Pennsylvania
    Replied: 3/8/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    You may, under the right circumstances, have the felony vacated and dismissed. That is part one. Part two is petitioning the court to restore your firearms rights. Certain convictions cannot be vacated. Sex offenses, DUI-related felonies, Serious Violent Felonies such as Murder or Assault II and Kidnapping. If your felony was not one of these, you have paid all your fines and legal financial obligations, you completed your period of probation and if five years have passed since you completed it and you have no new criminal law violations, you can petition the court to vacate the felony and restore your firearms rights at the same time. Absent that, I suggest studying Krav Maga, knife fighting and use of less-than-lethal force. Since the use of force is heavily regulated in this state, you need to be able to use the least amount of force necessary to defend yourself and innocent third parties. I therefore recommend that you also study the law of self-defense and learn about the use of force ladder, what the concept of parity is in the use of force, what reasonable force means and the concept of justified force. I would add that very little force can be used to protect property. If someone walks up and steals your lawn ornament, call the cops because reasonable force would be limited unless the guy displays a weapon or becomes violent.
    Answer Applies to: Washington
    Replied: 3/8/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    Unfortunately, that's one of the consequences of any felony. And, there's really no way to remedy the situation. You do not want to own a gun, because they will charge you with felon in possession of a gun. It's a really unfortunate situation that you're in!
    Answer Applies to: California
    Replied: 3/8/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Your question seems to be how you can get a permit to own a gun. FOID controls the process and a felony is a disqualification. You may want to consider petitioning to get a pardon from the governor because if granted, you will be able to expunge the felony from your record.
    Answer Applies to: Illinois
    Replied: 3/8/2012
    Myles A. Schneider & Associates
    Myles A. Schneider & Associates | Myles Albert Schneider
    If you have been found guilty or plead guilty to a charge for Domestic Violence you can NEVER possess a firearm unless you request, from the Federal Government, to have your constitutional rights restored. Then, you must seek the same with the state.
    Answer Applies to: Arizona
    Replied: 3/8/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    It sounds like, as a result of your felony conviction, you are prohibited from having any firearms. Your only option is to petition the court to have that right restored. This is a convoluted process: essentially you must be 5 years passed the time you completed your court obligations and were released from probation. If you believe this to be the case, you may be eligible. I suggest that you consult with an attorney.
    Answer Applies to: Washington
    Replied: 3/8/2012
    Vargas Law Office LLC | Ronnie Ismael Vargas
    You can protect your family. You just can't protect your family with a firearm.
    Answer Applies to: Wisconsin
    Replied: 3/8/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    You can file a petition with the federal government seeking to have your right to own guns restored. A good attorney can be useful in this process.
    Answer Applies to: Georgia
    Replied: 3/8/2012
    Stephen D. Hebert, LLC | Stephen Hebert
    The follow 2 questions immediately jump out at me (1) what exactly is your non-violent conviction; and (2) when did you complete your sentence. Under Louisiana state law, only conviction of following felonies preclude you from a possessing a firearm: A of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law, which is a felony, or any crime which is defined as a sex offense in 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes. Then, even if you were convicted of one of those felonies, that conviction only preclude you from possession a firearm for ten years from the completion of your sentence. Before I know the answer of the two foregoing questions, I really can't give you an exact answer to your question.
    Answer Applies to: Louisiana
    Replied: 3/8/2012
    Law office of Robert D. Scott | Robert Scott
    The same way you've protected your family since 1998.
    Answer Applies to: Maryland
    Replied: 3/8/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    1. Lock your doors 2. Get automatic sensor lights 3. Put your interior lights on a timer 4. Alarm your car 5. Alarm your home 6. Lock your windows 7. Learn martial arts 8. Put a phone in every room of the home 9. Have a cell phone 10. Purchase a trained guard dog 11. Educate your children on the dangers of talking to strangers 12. Do not keep valuables in the home 13. Have an escape route out of the house 14. Do routine fire drills 15. Get to know your neighbors 16. Report suspicious activity immediately to the police 17. Form a neighborhood watch 18. Purchase other non-prohibited weapons 19. When you go away, have someone take in your mail / papers 20. Fence your property
    Answer Applies to: New York
    Replied: 3/8/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Hire someone to protect the family (i.e. bodyguard), OR Move to a safer neighborhood, where being armed may not be required, OR Learn a martial art that will not require guns or knives to defend yourself or your family. There are many more answers, but I suspect you just want to hear how unfair everything is regarding your situation. Good luck.
    Answer Applies to: Georgia
    Replied: 3/8/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    You should get a big dog.
    Answer Applies to: Georgia
    Replied: 3/8/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    Call the police if your family is threatened.
    Answer Applies to: Colorado
    Replied: 3/8/2012
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    Depending on the felony, you may be eligible to have your gun rights reinstated. Many attorneys do this, and I have done it for several clients. It generally involves filing a motion and having a hearing, so it's probably not something you can do yourself. If you are interested in restoring your gun rights, I would suggest you speak to an attorney as soon as you can.
    Answer Applies to: Oregon
    Replied: 3/8/2012
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