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Gun rights

Discussion in 'Criminal Records, Expungement' started by Davturpin, Feb 6, 2018.

  1. Davturpin

    Davturpin Law Topic Starter New Member

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    How do I get my gun rights back, about 20 years ago I got a class c felony and it has been sealed, i did not serve any time or pay a fine I only got one year probation
     
  2. Disabled Vet

    Disabled Vet Active Member

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    Can it be done... I would think so. Your best bet is to seek a firearm attorney in your local area.


    No person convicted or adjudicated guilty of a felony (including suspended sentences and probation) may possess or own any firearm unless: 1) the person’s conviction is dismissed under § 16-93-301 et seq. (first offender) or § 16-98-303(g) (drug court) (see infra Part II B); 2) the person is granted a pardon expressly restoring the ability to possess a firearm; or 3) the governor accepts the recommendation of the chief law enforcement officer in the person’s residence to “restore” the ability to possess a firearm (available only if the underlying felony or adjudication did not involve a weapon and occurred more than 8 years ago). See Ark Code. Ann. § 5-73-103; see also Irvin v. State, 784 S.W.2d 763 (Ark. 1990) (under prior version of statute that made expungement mandatory, no prior conviction for purposes of statute despite fact that state officer had not completed ministerial duties necessary for expungement).
     
  3. army judge

    army judge Super Moderator

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    Federal law prohibits a convicted felon from purchasing or owning a gun but there are certain provisions in both federal and state laws that can reinstate gun rights.

    A 10-year felony-free period after the felon's sentence has been satisfied might allow you to have your firearm ownership rights reinstated.

    There are many twists and turns to this law, and courts don't all interpret it the same way.

    Just because someone CAN, doesn't mean another MUST.

    I suggest you discuss your concerns with a criminal defense attorney (or two) in your county.
     

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