Researching the Requirements
Understand federal law. Currently, the federal Gun Control Act prohibits anyone from selling or disposing of a gun to anyone convicted of a felony. By law, in order to get your gun rights restored, you would need to submit an application to the Bureau of Alcohol, Tobacco and Firearms (BATF). However, the BATF is not currently processing applications. Nevertheless, you can still qualify under the Gun Control Act to get your firearm rights back if you get one of the following forms of post-conviction relief: you have your conviction expunged you have your civil rights restored you are pardoned Furthermore, the expungement, restoration of civil rights, or pardon must also allow you get your gun rights back. This will depend on your state.
Read your state law. If you were convicted of a state crime, then you can seek a pardon, expungement, or restoration of your civil rights from your Governor. You must find out whether or not you can get this post-conviction relief along with the right to possess a firearm. For example, your state may be willing to pardon you but not let you have a gun. In this situation, you will not be able to get your federal gun rights back even though you have a pardon. According to the Gun Control Act, you can qualify for restoration of your gun rights only if the pardon, expungement, or restoration of civil rights does not expressly bar the right to ship, transport, possess, or receive firearms. If your state makes post-conviction relief contingent on not possessing a gun, then you cannot get your gun rights back. If you were convicted of a federal crime, then there are few opportunities for expungement. Instead, you must seek a pardon from the President of the United States.
Confirm that you can apply for post-conviction relief. States have strict requirements that must be met in order to qualify for a pardon, expungement, or restoration of civil rights. You need to check whether you can apply for any of those forms of post-conviction relief. To find your state law, you can visit your local law library or search the Internet. As an example of restrictions: some states will not expunge a DUI. Accordingly, if you were convicted of a DUI, then the only way you can get your gun rights back is to seek either a pardon or a restoration of your civil rights. You should get the court papers for all of your convictions so that you can see exactly what crimes you were convicted of. You cannot have any disqualifying conviction. Ask your attorney for copies of your court papers, or stop into the courthouse where you were convicted and get copies.
Meet with a lawyer. Because this area of law is complicated, you should meet with a lawyer. Only a qualified post-conviction attorney can properly advise you on the best approach for getting your gun rights back. When you meet with a lawyer, explain your situation. He or she will let you know if, under state and federal law, you can get your gun rights restored. Ask the attorney which form of post-conviction relief you can apply for. To find a qualified attorney, you can visit your state’s bar association website, which should host a referral program. You can also ask the defense attorney who represented you in your criminal case for a recommendation. Lawyers know the reputations of other attorneys and can recommend a qualified lawyer.
Applying for Post-Conviction Relief
Apply for an expungement. Before applying for the restoration of your gun rights, you need to receive post-conviction relief. An expungement is a form of relief that will seal your arrest and conviction records, thereby making them disappear. States have different requirements and processes, but generally the following applies: You must qualify for an expungement. Generally, states are more willing to expunge misdemeanor convictions rather than felony convictions. However, many states will expunge some felonies. You will need to find your state’s expungement law on the Internet and see if you qualify. You must wait a sufficient amount of time. Depending on the offense, you cannot apply for the expungement until a certain amount of time has passed. Generally, the more serious the offense, the more time you must wait. Get an application. You will need to fill out an application or a petition in order to apply for an expungement. In it, you will need to list the dates of your convictions. You also will need to provide certified copies of your court papers. You may or may not have to attend a hearing to answer questions. For more information, see Expunge Your Criminal Records.
Petition for the restoration of your civil rights. Instead of an expungement, you could apply for restoration of your civil rights. Your civil rights include your right to vote, to serve on a jury, and to run for public office. As with an expungement, states have different requirements. You petition your state’s Clemency Board by filling out an application. Find your state’s requirements by searching on the Internet or by meeting with a lawyer. In many states, your civil rights will be automatically restored after the completion of your sentence if you are a first-time offender. In other states, only some rights (such as the right to vote) will be automatically restored; you must apply for restoration of the others. You can apply by filling out your state’s application, listing your felony convictions and the dates of your sentence. You will need certified court papers from the courthouse where you were convicted. For more information, see Restore Civil Rights.
Ask for a pardon. Alternately, you may need to get a pardon. If you were convicted of breaking a state law, then you must apply to the Governor of your state for a pardon. You would apply to the President for a pardon from a federal conviction. The pardon process requires that you fill out an application, get letters of reference, and potentially speak at a pardon hearing. You can find the requirements for your state or the federal government by searching online or by visiting your local law library, which should be held at your county’s courthouse. The requirements for a pardon can be strict. You must wait a certain amount of time after the completion of your sentence and convince a Pardon Board that you deserve the pardon. However, if you do not qualify for an expungement or restoration of your civil rights, then a pardon may be your only option. You will also need letters of recommendations from people who can attest to your good character. You can get them from employers, faith leaders, or leaders of volunteer organizations. Pardons are discretionary. The Governor (or President) does not have to give you a pardon even if you meet the eligibility criteria. Instead, they will generally look to see that you have rehabilitated yourself through employment and community service. For more information on how to apply for a pardon, see Apply for a Pardon.
Petitioning for the Restoration of Gun Rights
Get the application. Once you have received your expungement, restoration of civil rights, or pardon, you then need to apply to have your gun rights restored. Your state should have an application. Many states have uploaded their applications onto the web. You can then download the form and fill it out, or complete the form online and then print it off. In some states, you may have to petition a court. Virginia, for example, requires those who have had their civil rights restored to petition the circuit court in the city or county where they live to have their gun rights restored. To petition the court, stop in and ask the court clerk if there is a form for you to use. Alternately, your attorney could draft this petition for you.
Gather supporting documents. Depending on your state, you will need various forms of supporting documentation. For example, you will probably need copies of your arrest/offense reports, which you can get from the law enforcement agency that arrested you. You will probably also need certified court documents, such as the Complaint/Indictment, Judgment, and Sentence Order. You can get these from the clerk at the courthouse where you were convicted. Proof that you have paid any fine or restitution ordered by the court. The court clerk should be able to provide the statement to this effect. You also might need an official criminal history statement from the sheriff of the county in which you reside.
Complete the application. You should either type the information into your application or print neatly in black ink. Answer all questions, writing “N/A” for anything that is not applicable. Each state’s application is different, but you will generally be asked for the following information: current name and any name you were convicted under any aliases your race and sex date and place of birth driver’s license number current and previous addresses whether you have children and if you pay child support your employment history your criminal history, including your prison ID number the reasons why you want the restoration of your firearm rights what rehabilitation efforts you have undertaken
File the application. Send the completed application to the address provided. Mail the application certified mail, return receipt requested. The receipt will serve as proof that the application was received by the appropriate office. Be sure to make a copy for your records. If the application is lost, then you can refer to your copy. There may be a fee to apply. If there is, then you will be told the amount on the form. If you have to file a petition in state court, then the clerk will tell you the amount of the fee. In North Carolina, by way of example, you will have to pay $200 to file the petition.
Be interviewed, if required. The state may want to interview you before restoring your gun rights. Alternately, if your state requires that you file a petition in court, then you will probably have to attend a hearing before a judge. At the hearing, the judge will make sure that you meet the state criteria for getting your gun rights back. Notice will probably also be sent to the District Attorney’s office. If the District Attorney disagrees with your application to get firearm rights restored, then he or she can come to the hearing and present evidence explaining that position.
Receive a certificate or certified order. If the state board grants you your gun rights, then they will probably send you a certificate to that effect. Where a judge orders the rights restored, you can get a certified order. The state (or court clerk) should forward notice to the sheriff’s department that your gun rights have been restored. Furthermore, they should send notice to the national instant criminal background check system index. Check with the court clerk or state board to confirm how this information is relayed. When notice is received by the national background check system, then you will no longer show up in the system as a felon prohibited from purchasing a gun. Accordingly, you will then be able to purchase a gun from a licensed seller.
Comments
0 comment