Weapons, Guns, Firearms Open carry , legally own a fire arm.

[anonymous9000]

Hi there
I'm currently serving six years state paper. In about a year when I get my money straight I'll be on unsupervised, at the end of my sentence I'm hoping within a year or two I can get a regular expungement done.

My question is, to my understanding, if I have my felony expunged (agg assault), and catch no other felonies or felonous charges within the time period, and wait the appropriate 6-7 years for expungement, the order of protections are dropped and not taken back up against me, can I move for permission to my rights and second amendmant restored? Can I ever get my permit to carry and purchase weapons?


thx.

 

[army judge]

What is your state of residence?

What you seek (restoration of right to own a firearm) is rarely granted.

It happens in some states easier than others.

Many states restore everything, except gun ownership.

Folks that want to own guns, usually seek pardons.

Those are also very hard to obtain.

 

[anonymous9000]

My state of residence is Tennessee. I was hoping that if I WAS able to obtain an expungement that I would regain the ability to purchase and carry weapons. I have heard of pardons and seeking restoration of the ability to own carry and purchase weapons, but haven't heard anything but gossip rumors and hearsay, nothing concrete coming from anybody that really knows anything about anything.

 

[army judge]

My state of residence is Tennessee. I was hoping that if I WAS able to obtain an expungement that I would regain the ability to purchase and carry weapons. I have heard of pardons and seeking restoration of the ability to own carry and purchase weapons, but haven't heard anything but gossip rumors and hearsay, nothing concrete coming from anybody that really knows anything about anything.

TN allows some convicted felons, who have had their rights restored to own firearms, but NOT handguns.
That is also disputed throughout your state.
If it were me, I'd forget it.
My freedom wouldn't be worth giving up for a firearm.
Anyway, here are some things to consider.

The TN Attorney General issued an opinion on this matter, recently.
His opinion was issued in October, 2009.
Here is a news report of his opinion.
It is important to note, that AG opinions are not binding on law enforcement.

This article discusses the pardon (executive clemency) process in TN.

http://www.articlealley.com/article_1022104_18.html

TN is awash in confusion about whether an ex-felon can have FULL rights rerstored.
That is why you have heard different opinions.

One military veteran is suing the state of TN for this confusion.

http://www.newschannel5.com/Global/story.asp?S=12400793


A TN licensed attorney discusses your question.
He also answers it.

With all the confusion surrounding this issue, it may be sorted out by the time you become eligible to apply.

You do know, however, if TN restores your rights to carry (or even own a firearm) one day; that right might only be valid in TN.

If I get my rights restored would I be able to carry a firearm in the future?

Under federal law, all individuals who have been convicted of a felony in state or federal court are prohibited from carrying a firearm under federal law. However, an individual who has had their rights restored under State law may be eligible to possess a firearm upon successfully petitioning the court for a restoration of rights. Under Tennessee law, individuals who have been convicted of a felony involving use or attempted use of force, violence, or a deadly weapon or who have been convicted of a felony drug offense are prohibited from possessing a gun under Tenn. Code Ann. 39-17-1307; therefore, those particular felons regardless of whether or not they get their rights restored would not be eligible under Tennessee law to possess a firearm. However, the Tennessee handgun permit law allows a person with a prior felony conviction for marijuana to obtain a handgun permit after passage of 10 years from the date of the conviction if they have had their rights restored.


If a restoration of rights would help me get my right to carry a firearm, then what?

If you are eligible to get your rights restored and such restoration would enable you to carry a firearm then you will need to file a petition in the county where the conviction occurred or in the county where you live to restore your full citizenship rights. This requires proof that you have lived a respectable life and have been a good citizen since the date of your conviction. Contact an attorney to file the petition on your behalf.

http://www.avvo.com/legal-guides/ug...hts-to-carry-a-firearm-if-i-live-in-tennessee

(AP) NASHVILLE, Tenn. - Tennessee Attorney General Bob Cooper has issued a legal opinion that said people who have received pardons for their felony drug convictions can own any type of firearm except handguns.

Cooper wrote in the opinion released Wednesday that Tennessee's firearms ban for felons has exceptions for those who have been pardoned, had their convictions expunged or have had their civil rights restored.

He said the law doesn't provide those exceptions for handgun ownership by people convicted of certain violent crimes and drug felonies.

The opinion was requested by House Republican Caucus Chairman Glen Casada of Franklin. Legal opinions issued by the attorney general indicate his office's interpretation of the law, but unlike court opinions, they aren't binding.

 

[anonymous9000]

hey thanks for all the help, it gives me something to look forward to. at least i can own some type of fire arm, and everything. when and if i can get a pardon or expungement or get my rights restored.