restriction to possess firearms

[RifleRidge]

A good buddy of ours was found with a few firearms and now is facing charges. He says he was not aware of the restriction since he thought he had his rights restored through the courts.

Any suggestions, ideas, comments or good Attorneys that will fight cases like this?

[wariner87]

He thought he had them restored ?

[Gobble Doc]

Is this like getting a felony quashed?

[JLS]

There are different ways this can happen.  If he/she was convicted of a felony as an adult, then they are disqualified from owning/possessing a firearm.  After a period of time, they can petition the court to restore their rights to possess a firearm.  Some states do this automatically once you clear probation.  Others you have to actively file the petition after X number of years of staying out of trouble.

If you were convicted of a felony as a juvenile, then the court can seal the records and expunge it from your criminal history.

[RifleRidge]

Misdemeanor Crime of Domestic Violence back in 1996... No felony charges up until now or if he is proven quality

[JLS]

Misdemeanor Crime of Domestic Violence back in 1996... No felony charges up until now or if he is proven quality

DV assault is same as felony in regards to the process.

[RifleRidge]

Thank you. Now with all that said, Again, Any suggestions, ideas, comments or good Attorneys that will fight cases like this?

[Knocker of rocks]

What the ATF says about it. 
http://www.atf.gov/firearms/faq/misdemeanor-domestic-violence.html

Any Court expungment must specifically return the firearm rights to the individual.  I can see now haw somebody could run afoul of the law here.

Your friend needs to read carefully that this does in fact apply to him

was committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabiting with or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim.

[HntnFsh]

I know a person that went through this about 14 or 15 years ago. It cost him $150   He didnt even know he wasnt able to posess firearms. His violation was in 95 or 96 too. Same thing. DV. Wasnt a law against him posessing firearms then. It was a few years later when I believe the Brady bill was enacted that ended up being retroactive to include him. I'm kind of surprised that they could legally do this. And it hasnt been challenged in the courts. Its almost a double jeopardy type of thing. He was convicted. Sentenced and payed for his crime. Then a few years later it was like another sentence was handed out with out even telling him. Kind of low if you ask me.

Here is how it was explained to him. This is a catch 22 situation. You can do a restoration of rights. Which will allow you to possesss firearms again. It can be pretty cheap and simple. Have an atty. draw up the paperwork and submit it. Your probably good to go. Especially if the clerks in the agency do a good job of removing it from your records. 

The crazy part is that this is not the same as having your rights restored on a federal level. Thats way harder to do.And way more involved. Technically if a federal agent runs a check on him and finds the previous charges, he could be charged with a felony. He might be OK in that situation if he has a copy of his restoration of rights and the federal officer is having a good day. Or he might be facing charges if that officer is having a bad day.

The person I know has gone through several NICS checks since, and all but the first 1 cleared no problem. He was denied on the first one and thats what got it all started. The thing is,when he got denied it started about a 6 month process of finding out why he was denied. And what to do. When you are denied on a NICS check. They just tell you the reporting agency. You have to contact them. Find out what is on your record that would be cause for denial. Submit it to NICS and follow their procedures. It wasnt difficult. But it was time consuming.

[HntnFsh]

 I can think of a couple lawyers in Lewis county that would do it for him. Or at least advise him. But it would probably be best to call attorneys in the county that the incident went to court in. Ask if they do that type of work. And get a consultation. Then you can get a quote on the cost and process.It may have changed since the person I know went through it. Plus an atty. in that county may not incure the fees associated with the travel time.

[stevemiller]

sorry to hear all this.all i can say is get the best you can afforf.after the dv and now these weapons charges if they push and they prob. will you will never be able to restore again.good luck to you and be sure everyone you know learns of this info you now have.

[mountainman]

In any crime that would fall under the 4473 that would keep you from obtaining a fire arm..you have committed a criminal act. Many assume by getting their case expunged from the system means they have their rights restored. That is a misconception. Once it is expunged, you still have to pay an attorney and head back to court to get your firearm rights restored. Many people do not know that. I am just assuming that is the case here, as it was stated he thought he had his rights restored. It is a two step process, and it costs money, money for those lawyers...

[Mike450r]

There was a similar case a few years back and the guy had to do time.  It is pretty much a slam dunk felony conviction.

Can't get rights restored with a pending illegal possession charge.  Kinda like putting on a condom in the delivery room.  I understand him believing he still had his rights but that doesn't matter.

[stevemiller]

it can all be done with no att. 50 for expungement 200 plus for firearm restoration.get all paper work from the pros. att. office.go to court yourself if you qualify done if you dont the att.cant help but will still charge for all to figure that out.

[stevemiller]

but this all must be done before you posess or elsr you get the firearm felony and its game over