How do I restore my firearm right with a non violent misdemeanor? 22 Answers as of May 23, 2011

I was convicted of a federal misdemeanor almost ten years ago. I never lost my right to vote but for some reason I am not able to purchase q firearm. Where do I go to begin to find out how or if I can change this?

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Law Offices of John Carney
Law Offices of John Carney | John Carney
You can retain an attorney to try to get a license to carry a firearm. This will be difficult under the circumstances but it depends on your attorney and the judge that hears the case.
Answer Applies to: New York
Replied: 5/23/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
You should seek out an attorney who represents persons with Federal Charges.
Answer Applies to: Michigan
Replied: 5/12/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If this was a state offense in NY then only a conviction for a felony would prevent you from owning a firearm. However, since although it is a misdemeanor, since it is a Federal crime, your best chance would be to try to expunge the conviction. You should hire an attorney.
Answer Applies to: New York
Replied: 5/12/2011
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
First, I would look at the sentencing order to see if the restriction was part of the Court's sentence. If so, you would have to seek modification from the Court. If not part of a sentence, then it would probably depend on the charge and federal law. Without knowing more, this is difficult to answer. If you want more information, contact us.
Answer Applies to: Michigan
Replied: 5/12/2011
Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
I believe that you could apply to the Board of Pardons and Paroles to have your rights restored. Check out their website by googling "AL Board of Pardons and Paroles." Stay well.
Answer Applies to: Alabama
Replied: 5/11/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    You will need to get an attorney who specializes in federal law and have that offense expunged from your record.
    Answer Applies to: Michigan
    Replied: 5/11/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The misdemeanor must have been for domestic violence which is a violation of the federal law. If that is the case you can't get your right restored. You may be able to attack the prior plea, but even that would be doubtful.
    Answer Applies to: Nebraska
    Replied: 5/11/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    You may need to have your criminal record expunged or erased. Contact a criminal law attorney in your area to determine if you are eligible. An expunction would have other benefits as well. A clean criminal record is always good!
    Answer Applies to: Oregon
    Replied: 5/11/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) may have this information on their web site. You could also look at the Federal Law on vacating and dismissing a misdemeanor and restoring firearms rights. If the conviction is not a matter of domestic violence and not a felony, your firearms rights should not have been suspended beyond your probation completion. You can check into that with the FBI NCIC bureau in West Virginia. I would need to know more about your conviction and any subsequent convictions to give you a more-definite answer. Please feel free to contact me to discuss this further.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    If your federal conviction automatically made you a prohibited person under federal and state law, there is nothing you can do to restore them. However, if your rights were taken away for a period of years as part of sentencing and probation, then they can be restored upon successful completion of that time probation period. You might need to file a motion to get a court order for that to formally happen. I can help you with that. Read your sentencing and probation paperwork to determine what actually happened. You can go to the court to read your file, and you could talk to the prosecutors office to confirm what you think the record shows.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    You did not specify the charge. You may consider it to be "non-violent", but it clearly seems to be some charge that falls within Penal Code section 12021(c)(1). Refer to that section. There is a ten year prohibition against ownership of a firearm in California after a conviction of one of the enumerated offenses.
    Answer Applies to: California
    Replied: 5/10/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The right to keep and bear arms has been neglected and abused for decades by the government. Hiring a private attorney to file suit against the government in order to exercise your constitutional rights is your best course of action. You should hire an attorney that focuses on second amendment issues.
    Answer Applies to: Hawaii
    Replied: 5/10/2011
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    Misdemeanors do not disqualify you from owning a firearm unless it was domestic violence. If it was domestic violence there is nothing you can do. You may never own a firearm for the rest of your life. Are you sure it was a Federal Misdemeanor? Perhaps it was a felony.
    Answer Applies to: Tennessee
    Replied: 5/10/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    It would be best for you to contact your prior attorney. If that individual is not available than you will want to call some local attorneys to assist you. Make sure you have all the documents and correct information for the charge you were convicted of.
    Answer Applies to: California
    Replied: 5/10/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    Not sure why a misdemeanor would affect your gun rights, unless it was a domestic violence offense. A DV offense will affect gun rights even if it is a misdemeanor.
    Answer Applies to: Washington
    Replied: 5/10/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I do not know of any misdemeanor where you would lose your gun rights other than a domestic violence charge.The Bureau of Alcohol, Tobacco & Firearms (ATF) controls the restoration of gun rights.
    Answer Applies to: Alabama
    Replied: 5/10/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You may want to consider pursuing an expungement of your criminal record in this matter. Contact a criminal defense attorney in your area and they will be able to explain the process to you and quote you a rate for the proceedings and filing fees.
    Answer Applies to: Louisiana
    Replied: 5/10/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The first thing you should do is contact the lawyer that represented you on the federal misdemeanor. It seems to me if it was a non violent misdemeanor that you are improperly being denied the ability to purchase a firearm. The federal law banning purchases of firearms has a list of offenses which exclude folks. You may have been added to the list improperly, if you have a local gun shop that you can visit you should get proof of the underlying misdemeanor from the lawyer and then go fill out the Brady form truthfully and make sure you get any responses from the gun check people provided to you. If it is an error you will then be able to provide the court documents that support what type of offense is in you history. Good luck.
    Answer Applies to: New Hampshire
    Replied: 5/10/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    If it was misdemeanor domestic violence, there is a federal law that prohibits you from owning a gun. As for other federal misdemeanor crimes, I'm not aware of any law that would prevent you from owning a gun. However, my practice focuses on Florida state law and to the extent federal gun law is applicable to that, I am aware of it, but beyond that there may be provisions that I'm not familiar with.
    Answer Applies to: Florida
    Replied: 5/9/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If you were represented by private counsel or a Federal Defender why not ask them as you haven't given me enough information to figure out what you can do. In California you are prohibited from owning a firearm if convicted of a felony OR certain misdemeanors like spousal abuse. So it is not just a felony that keeps you from being able to purchase a gun, but it is only a felony that will deprive you of your voting rights. Good luck.
    Answer Applies to: California
    Replied: 5/9/2011
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