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Old 07-19-2011, 04:18 PM
PandaMom PandaMom is offline
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Default How do I get my rights back?



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I was a trouble maker when I was younger, but that doesn't mean I am one now. YEARS have passed and things have changed. So, I did a little time and all my gun rights are gone. I tried researching any cases about how those who have been convicted can earn their rights back and came up with nothing. I went as far as calling my ex parole officer and told him the truth about why I'm asking and he said I can't do anything about it. Is there a way to get around this? Something I can do through the courts? I NEED to know I can protect my kids without the fear of some random witch hunt on those who have had a bad past. People change! I've changed and after all these years, I should be able to have the right to protect my family! Help...
Old 07-19-2011, 04:21 PM
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I was a trouble maker when I was younger, but that doesn't mean I am one now. YEARS have passed and things have changed. So, I did a little time and all my gun rights are gone. I tried researching any cases about how those who have been convicted can earn their rights back and came up with nothing. I went as far as calling my ex parole officer and told him the truth about why I'm asking and he said I can't do anything about it. Is there a way to get around this? Something I can do through the courts? I NEED to know I can protect my kids without the fear of some random witch hunt on those who have had a bad past. People change! I've changed and after all these years, I should be able to have the right to protect my family! Help...
Honestly Panda, I do not think it can be reversed. Some will chime in with the 12 letter words and suits.
Old 07-19-2011, 04:31 PM
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I belive you only hope is to get a lawyer, go in front of a judge and try to have your records expunged. It is a very difficult and often unsuccesful process but if you make it and the judge clears your record it would be like it never happend.
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Old 07-19-2011, 04:36 PM
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Go to the law library, you should be able to find case studies there and how to petition the courts for a reversal of the previous rulings. Hope this helps and goodluck, if nothing else you can always use primative weapons.
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Old 07-19-2011, 04:38 PM
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Quote:
Originally Posted by PandaMom View Post
I was a trouble maker when I was younger, but that doesn't mean I am one now. YEARS have passed and things have changed. So, I did a little time and all my gun rights are gone. I tried researching any cases about how those who have been convicted can earn their rights back and came up with nothing. I went as far as calling my ex parole officer and told him the truth about why I'm asking and he said I can't do anything about it. Is there a way to get around this? Something I can do through the courts? I NEED to know I can protect my kids without the fear of some random witch hunt on those who have had a bad past. People change! I've changed and after all these years, I should be able to have the right to protect my family! Help...
You might get more help in the firearm or general sections. But the only way to get your right back is to basically get your record Expunged and Pardoned in some States. That means that your offense is set aside and it is off your record.

The criteria for Expunging and Pardons your record varies by State. Some states are easier some are harder.

Here is a site for some information for California:http://www.convictionfree.com/newexp...gement_faq.htm

According to that site Expungement is not enough and you need a full Rehabilitation and Pardon signed by the Governor:
http://www.convictionfree.com/newexp...bilitation.htm

If it was a felony, you may need to reduce it to a misdemeanor first.

Now if the crime occurred outside Californa here is a site for some leads on more information: http://criminal.findlaw.com/crimes/e...tate-info.html

Basically you will need a lawyer, time and a lot of money.... and it still may be denied.

Now if you can not afford to go through all this you need other options. Bows or even antique firearms. On the Federal level, you can still purchase an antique firearm even with a criminal record but you might want to check CA laws.

Hope that helps some.
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Old 07-19-2011, 04:39 PM
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What was the crime?
Old 07-19-2011, 04:43 PM
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Both felonies and misdemeanors have time frames. Some are three, some are five, some are longer, and some never go away. Depends on the situation. Almost anything that has to do with assault or a violent crime, you may just be SOL.

Are you looking to just own, or get a conceal carry license? I believe MI law sakes that even expunged records are ineligible for CPL. Contact a lawyer, and good luck.
Old 07-19-2011, 04:44 PM
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DO NOT PURCHASE A FIREARM IF YOU ARE A CONVICTED FELON. If busted then it will just be more time. ATF used to have an appeal process but I would seek lawyer advise ONLY.
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Old 07-19-2011, 05:19 PM
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It's sad that besides paying fine's or serving time you also got a lifetime sentence of being unable to have the best mean's to protect yourself and your family....but the gov,does not care,,,good luck to you '
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Old 07-19-2011, 05:41 PM
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Expungement can be delivered by 2 means. The first way is to have a judge issue a court order granting you an expungement. The second way is to have a governor issue you an expungement. Both ways are legal and both way will cost you lots of money because it has got to be done through either a lawyer or a political representative of some sort.

Attorneys will approach a judge to get a court ordered expungment and a governor's aide will research your claims, determine if your claims are right or not and then he will advise the governor to either grant you an expungement or not. It is always a gamble trying to get an expungement.
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Old 07-19-2011, 05:44 PM
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Talk to a lawyer, like others have said...That's the first step....Good luck...
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Old 07-19-2011, 05:51 PM
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Lawyer up, and get ready to spend some $$$$$$$ and don't expect it to happen overnight.
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Old 07-19-2011, 06:11 PM
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How difficult it is depends on what state you're in. Expungement or pardon are the only way to do it in most places. Here in Nebraska we've had some success with the pardons board when the conviction was many years ago. But you have to have been very clean since then. Takes a few hearings, time and money but it's not impossible. Good luck!
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Old 07-19-2011, 06:22 PM
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Go to the court house and file a motion for expungement and restoration in the circuit court. You can do this on your own, but hiring an attorney will ease the process, and increase your chances of success.

It may be called something different in your state, but the idea is the same.
Old 07-19-2011, 06:42 PM
PandaMom PandaMom is offline
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I knew I was taking a risk of posting on this site, but I figured what better way to find out than through you all. I did my research and found 2 cases where the individuals came close to getting their rights back in CA, but no luck for them. I made sure I called my "people" to give them a heads up as to what I was doing and why so I'm not worried about that. As far as tattlers and crazy cops, I'm not worried since I don't do anything wrong anymore. My ex parole officer already knows all about this situation and why I am asking all these questions. The past is the past and it was so long ago. I'm more worried for the immediate present and our future. I just want to make sure I can defend my little clan if need be. THANK YOU ALL FOR YOUR HELP!

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Old 07-19-2011, 10:54 PM
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Originally Posted by joshiedoom View Post
DO NOT PURCHASE A FIREARM IF YOU ARE A CONVICTED FELON. If busted then it will just be more time. ATF used to have an appeal process but I would seek lawyer advise ONLY.
^^ This. Don't do anything illegal. Don't buy a firearm from an individual or a gun show, or anywhere else. If it's illegal for you as an ex-felon to own a firearm, then it is what it is. Go the legal route. It's going depend also, on what your crime was............
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Old 07-20-2011, 05:26 AM
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A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A pardon (also called “executive clemency”), on the other hand, does not “erase” the event. Rather, it constitutes forgiveness. In the United States, an expungement can be granted only by a judge, while a pardon can be granted only by a governor (for state law offenses) or the President (for federal offenses). - WIKI

California has several post-conviction remedies that are sometimes called expungement.[6] For minor crimes (not involving a sentence in state prison), a petition for expungement is filed in civil court to have the conviction dismissed. For crimes involving a prison sentence, a petition for a Certificate of Rehabilitation (CR) issued by the courts and filed with the California Department of Corrections and Rehabilitation (CDCR) - WIKI

In California, expungement won't help you get the right to own firearms back. It will 'hide' the past offense, but doesn't allow you to legally own.

You may want to look at a trust. The trust can own the firearm, you as the main trustee will have the ability to use the trust's property. This may be a legal way around the ownership issue. I'd contact a trust & criminal lawyer on this angle.

Good luck
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Old 07-20-2011, 07:20 AM
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I know in this state, You can get your gun rights back if your felony is classified as a level 3 felony. This basicly means it is a non person felony, and there was no victim, or violence (like selling drugs, but not hurting anybody). With a level 3 felony, you have two options. The first is wait 10 years after you've been convicted, and you will have your gun rights restored. The second is to do your time/parole/probation, and when that's done you can throw a ton of cash at a lawyer and get the felony expunged. Then you can go buy guns legally. I don't think you'd be able to get a conceal carry permit with any ease, but it depends.

Best of luck to you good sir. The very very best course of action is to talk to a smart lawyer, not a crappy one who gets money from the state.

On a side note, i think if someone is considered "bad enough" that they shouldn't have a gun, then why are they not behind bars? And for that matter, why are non-violent people locked up, thrown under the bus, and subject to losing their rights? That's not very american.
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Old 07-20-2011, 07:23 AM
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Quote:
Originally Posted by PandaMom View Post
I was a trouble maker when I was younger, but that doesn't mean I am one now. YEARS have passed and things have changed. So, I did a little time and all my gun rights are gone. I tried researching any cases about how those who have been convicted can earn their rights back and came up with nothing. I went as far as calling my ex parole officer and told him the truth about why I'm asking and he said I can't do anything about it. Is there a way to get around this? Something I can do through the courts? I NEED to know I can protect my kids without the fear of some random witch hunt on those who have had a bad past. People change! I've changed and after all these years, I should be able to have the right to protect my family! Help...
Depending on what it was, records can be expunged (an often very lengthy and expensive process)

Unfortunately if it is able to be taken away, it is not a right...
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Old 07-20-2011, 08:34 AM
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Location: So CA

Good Luck with your efforts. Being a resident of CA will most likely not help you though.
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