Felonies and firearms

by **HGhopefull** » Thu Apr 19, 2007 8:54 pm

My wife and I really want to legally purchase a handgun for home protection and recreational shooting. Preventing this for both of us is my 1995 felony conviction that occured when I was 18. As I'm sure you all know, the Felony Firearm Act of 2004 prevents anyone convicted of any felony can never own a firearm, rifle, shotgun, or even crossbow.

I know that it's possible to have your records expunged or sealed, but I'm not sure if that counts toward gun ownership. My record since 95 is spotless and it just seems very wrong to me that I am being denied my right to protect everything I've worked so hard for. Please, does anyone on this forum have any advice or information that may help me find a way? Anything at all will be greatly appreciated.

by **CONT2** » Thu Apr 19, 2007 10:20 pm

When you go to get the forms to get the record expunged, ask them about reinstating your rights. I know they just decided to let certain convicted felons vote. Maybe that's a start.I forget how much expungement costs.

Are you sure the case was'nt deposed as "adjudication Withheld"? If so, you're not considered a convicted felon.

It can't hurt to ask...

by **weekendfunandgun** » Fri Apr 27, 2007 1:35 am

Assuming your wife has no record, can't she just buy/own the guns legally? or can't it not be in your home even if someone else owns it on paper?

and yes, depending on many circumstances (what you were convicted for, what you've done since, the state you live in, etc.) it is possible to get your 2nd ammendment rights reinstated. but i have no idea what it costs or what channels you would have to go through. i would suggest contacting legal aid for assistance.

by **CONT2** » Fri Apr 27, 2007 1:45 am

Weekend, if in fact, he is a convicted felon, he can;t be in the same house as a firearm. It would be in violation, especially if he's on probation.

by **weekendfunandgun** » Fri Apr 27, 2007 12:32 pm

Ah, well then I am guessing the best thing would be to contact a lawyer and try to get those rights reinstated.

by **HGhopefull** » Fri Apr 27, 2007 6:09 pm

I've contacted several lawyers in PA where the charge occured. I've also contacted the NRA for some insight into the issue. As far as I've found out so far, simple expunction of a felony charge still doesn't reinstate handgun rights. I believe i have to have the records erased, pardoned, or mtake my case to the ATF, who can also reinstate gun rights. FYI I was convicted of delivery of 1/8 ounce of marujuana in a set-up type sting operation. I was a senior in high school at the time.

by **CONT2** » Fri Apr 27, 2007 8:14 pm

I don't judge you for your crime. Been there and done that, only I was lucky and did'nt get caught. What matters is what you eluded to in an earlier post. That is, what you've done since.

I never had a drug charge but I did get arrested for crashing an asshole in the head for calling me the "N" word, back in '86.

I had to explain the situation away in order to get access to Fl. County jails and State prisons, when I applied for a job with a behavioral center, which is where I still work. The fact that you're wanting to do it the right way speaks volumes.

Keep trying...

by **CONT2** » Tue May 01, 2007 8:34 am

HGHopeful, what's the latest on your situation? Any more info?

When I first moved to Fl., I got into a fight with what the Police described as "a good ole boy". He called me the N word and I tried to knock his head off his shoulders. Got in a little trouble and honestly forgot what the final outcome was for the last 20+ years.

I decided to try and buy a gun, so I figured 'let them find it if it was that bad. You're in NC now and the charge happened in PA. Do what I did. Fill out the application and let them find it.

I paid for the gun and they made the call. When she hung up, I thought for sure she was gonna say, "sorry sir"...but she handed me my gun and said "have fun"...Ya' never know til you try...

by **g4l** » Tue May 01, 2007 9:07 am

Cont2 that might be considered lying and if they find him not being 100% honest then he could totally forget it for good, remember the FBI checks into his past too, so it may very well come up. When I went to get my finger prints done a guy was next to me who was denied a permit, I overheard him say "I just forgot about that", the officer basically told him to pound sand.

by **tigwelder56** » Tue May 01, 2007 10:20 am

Something that irks me is that the simple act of trying to buy firearms when you're prohibited from doing so is a third degree Felony. People are supposed to be arrested for that and they never are. It's not my intention to be a hard ass on everyone but it's the hardened two time loser trying to buy a gun for nefarious reasons that bothers me. The anti gun crusaders say we need all these new laws and as we all know the laws we have (like this one) aren't being enforced! Why have the law on the books if it isn't going to be obeyed and enforced?