How do I get my second amendment rights back? 1 Answers as of February 27, 2012Over 15 years ago I was charged with accessory to grand theft auto. This was a non violent action as I told someone about keys sitting in a car. I had just turned 18. I have not been charged with any felonies after and knew nothing of the court system and went with a plea bargain. Am I exempt or how to do I get my 2nd amendment rights back?
Vargas Law Office LLC | Ronnie Ismael Vargas
An individual who has been convicted of a felony is banned by federal law from ever possessing "any firearm or ammunition." Specifically a person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. 18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for felon gun possession is up to 10 years in prison. Federal law provides significant penalties for felons in possession of weapons, unless the felon has his rights restored by the convicting state. In Wisconsin 941.29(5) states: "(5) This section does not apply to any person specified in sub.(1) who:(a) Has received a pardon with respect to the crime or felony specified in sub. (1) and has been expressly authorized to possess a firearm under 18 USC app. 1203; or(b) Has obtained relief from disabilities. So unless you receive a pardon or the Judge that oversaw your conviction allowed for expungement, you're chances of having your rights re-ibstated are not good.
Answer Applies to: Wisconsin