Dockside Chat - Felon and 2nd amendment rights-LAW QUESTION

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TheRealMacGyver
03-26-2012, 11:13 AM
BIL did some stupid stuff about 15 years ago and served time for it. Was never anything violent, just stealing mostly. Was talking with his wife about guns and she told me she had to sell them all off because she couldn't have them around him. I knew she had guns before they were married and just happened to bring the subject up a few weeks ago when she told me this. I did some searches and it seems like the law doesn't really say that she can't have them, just that they could not be within access of the felon.

My question here is this: Can a felon apply to regain their right to arms or is that forever?


bsmit24
03-26-2012, 11:21 AM
Know any politicians that can request a pardon from the governor on his behalf?

G. Gordon Liddy often boasted that he could not own a firearm but that his wife had more than she could use and would sometimes keep them in the night stand on his side do the bed.

Eyeball
03-26-2012, 11:46 AM
I believe it varies from state to state, but the reinstating of 2nd amendment rights can only be done in the state where the crime/conviction happened. Many states have an application process for non-violent felons to regain their 2nd amend rights that does not involve the need of a pardon. Violent felons often require a pardon. You need to check with the state where your BIL was convicted.

It doesn't seem right there are any restrictions on the wife's right to own guns. I suspect her decision to sell them was to avoid any questions later, down the road, should hubbie get caught in the position of one of her guns.


08087
03-26-2012, 12:37 PM
Consult with a lawyer, I'd say a lock box with combo would be out of his access. Up to the judge though.

Mist-Rest
03-26-2012, 12:52 PM
The law as I know it states felons can't have guns. Never heard of it applying to a spouse. 15 years he may be able to now if he's clean. I'm sure it won't be free.

Even Mass will allow a felon after all the paperwork is filed.

Danny33486
03-26-2012, 01:10 PM
You can apply to have your civil rights restored in Florida. I have a friend that was convicted of a felony drug charge and since turned life around, went to law school and had to go through this with the state then the FL bar in order to be admitted. I think the current administration in Florida is rather strict on this so your BIL may be SOL for a while.

http://www.aclufl.org/issues/voting_rights/applying_for_rights_restoration.cfm

TheRealMacGyver
03-26-2012, 02:14 PM
Thanks, I'll pass that along to him. I just feel bad for his wife more than anything. I mean it sucks for him too, but she has a clean record and it makes it a PIA for her. The whole thing just seemed wrong to me. I mean I get the law, I guess I just assumed that after a certain number of years being clean you would gain back some rights. Thanks again.

Eyeball
03-26-2012, 02:27 PM
I have never been comfortable with the idea that any inalienable right could be taken away. I agree with you -- I get the idea of the law. I've been wondering if it is now ripe for a legal challenge since the Supreme Court ruled the 2nd Amend is an individual right, as opposed to a collective right.

Cracker
03-26-2012, 02:36 PM
He can get his rights back but an attorney will most likely have to be contracted...

Schmaltz~Herring
03-26-2012, 03:33 PM
He can get his rights back but an attorney will most likely have to be contracted...


:)

drkptt
03-26-2012, 04:53 PM
Last week a guy was pardoned in Florida for two misdemeanors over 25 years ago that prevented him from owning guns. Took 6 years to get the pardon, so it's neither cheap nor quick.

http://www.tampabay.com/news/politics/legislature/pardon-comes-finally-after-six-years/1222034

Wood wanted it mainly so he can get a permit to own a gun so he can go hunting with his brothers and sons in Michigan, where he has lived for years. Under federal law, a person with a domestic violence conviction cannot own a gun.

A grateful Wood had only one complaint afterward: "I think it took too long."

Wood's case is instructive because of his persistence in the face of the glacier-like pace with which Florida handles clemency cases.

The chronically short-staffed Parole Commission is straining under a backlog of 31,000 cases. About two-thirds of them are ex-felons seeking to have their civil rights restored so they can vote; the rest are in other categories, like Wood's.

Eyeball
03-26-2012, 06:49 PM
He can get his rights back but an attorney will most likely have to be contracted...


Almost nothing involving an individual and the government, outside of a legal defense :grin:, requires an attorney. Including, something I recently learned from a friend, settling with an compromise for back taxes with the IRS. He settled with the IRS somewhere around 10% of actual taxes, all penalties and interest waved. An attorney just makes things a lot easier.

Unless someone tells you otherwise, I would not spend any serious money an attorney just yet. If you BIL contacts the local bar asso for the country where he lives he can get a low-cost referral, something like $25 for 1/2 hr consultation with an atty that can answer all of his questions. You BIL should be prepared with a list of questions for the atty. One of the questions should be if he can do this himself or does he need to hire an attorney.

shipahoy
03-27-2012, 02:24 AM
BIL did some stupid stuff about 15 years ago and served time for it. Was never anything violent, just stealing mostly. Was talking with his wife about guns and she told me she had to sell them all off because she couldn't have them around him. I knew she had guns before they were married and just happened to bring the subject up a few weeks ago when she told me this. I did some searches and it seems like the law doesn't really say that she can't have them, just that they could not be within access of the felon.

My question here is this: Can a felon apply to regain their right to arms or is that forever?


Depends what the convictions are for. In Fl an attorney is not needed because it is a non-adversarial proceeding but having 1 probably couldnt hurt. Here's the lowdown of what to expect though. If he meets the requirements under "firearm authority" here: https://fpc.state.fl.us/PDFs/INFORMATION-CLEMENCY.pdf then he needs to fill out this form specifically for the firearm authorityhttps://fpc.state.fl.us/PDFs/ClemencyApplication.pdf and get the documents required from the Clerk of Courts.

As long as he doesnt have violence or major(as in 2nd degree felonies) or multiple felony or major drug convictions should have no worries.

Captain Willie
03-27-2012, 05:10 AM
Answer: Yes.

In FL contact the State's Attorney Office where he was prosecuted. (assuming Fl.)

TheRealMacGyver
03-27-2012, 06:37 PM
Thanks everyone. He is in FL and the charges were in FL. No drug or weapon charges. I've passed the info on to him and we'll see what happens. Thanks again.

glacierbaze
03-27-2012, 06:50 PM
I think it would look better for him, or anyone, if they applied for the right to vote, before the right to own a gun.

mikeloew
03-27-2012, 07:16 PM
I have never heard of a misdemeanor charge prohibiting you from owning a firearm? Is this just a Florida thing?

Curmudgeon
03-27-2012, 09:41 PM
I have never heard of a misdemeanor charge prohibiting you from owning a firearm?

Domestic violence will do it in most (if not all) states ...

Cracker
03-28-2012, 02:31 AM
In Florida, all it really takes is a restraining order (not even an arrest) and you can be forced to turn over all your guns and ammo to the local sheriff...

Eyeball
03-28-2012, 11:21 AM
I served papers on someone recently -- an order to appear for a restraining order hearing, with a copy of a temporary restraining order, pending the hearing. Reading the papers there was exactly that in there, the person being served had 24-hrs to dispose of, or surrender all firearms to the local police.

I found it amazing a person's 2nd Amend rights could go out the window based on nothing more than someone else just making an allegation. It also amazed me a person could get a TRO based on nothing more than filling out a form and being approved by an administrator without a hearing and without a defense from the accused.

Schmaltz~Herring
03-28-2012, 11:59 AM
I have never heard of a misdemeanor charge prohibiting you from owning a firearm? Is this just a Florida thing?





Domestic violence misdemeanor offenses will enjoin gun ownership/possession in Georgia. ;cool;

jobowker
03-28-2012, 05:27 PM
I believe that if you are convicted of a felony with a term of one year or longer, you become a federally prohibited person. Permanently. The GCA of 1968 supercedes any state laws. This was in place long before soldiers started getting burned from Lautenberg.

Eyeball
03-29-2012, 08:54 AM
That's a good point -- there area state laws and there are federal laws. Is there a way for someone convicted a federal felony to get their gun rights reinstated?



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