How would a felon get his RKBA restored?

Charlie Mike

Charlie Mike

Sober since 1-7-14 (still a Paranoid Nutjob)
Knifemaker / Craftsman / Service Provider
Joined
Nov 1, 2000
Messages
28,365
Many old timers here know the situation I'm in. I met Satan years ago. I put him up my nose. Then I smoked him off foil, and then in a glass tube. Because of the stupid things I did while using crystal meth, I am a felon as of 6-1-06. I'm off probation as of 8-08, and now I want to get my act together. I'm a honorably discharged infantry veteran. What is necessary to get my rights restored? My felony is for "commercial burglary" which means I stole something with the intent to steal beforehand.
 
Good info, but I live in CA.
 
In order to restore your right to own a firearm under federal law, you would need a pardon from Governor Schwarzenegger. It is called a Governor's Pardon, since you were convicted of a state felony, right? If you were a convicted federal felon, only President Obama could provide you with that. Probably the most that you can do is have your felony record sealed. It will take a long waiting period. Here in Massachusetts, it is 15 years from the date that your PUNISHMENT ended, not the date of conviction, that starts the 15 year clock ticking. Misdemeanors is a 10-year waiting period. If you were simply arrested and not convicted, you can petition to have the court seal your CORI criminal arrest/arraignment immediately. There is no waiting period. You are in for a long trip on this one. Start by inquiring about getting your felony record sealed first, so that nobody outside of the criminal justice system can see it. Yes, the CHP and other LEO agencies (along with judges and DAs) can still see even a sealed record. Remember this if you get pulled over for speeding on the freeway. Your chances for a full pardon in order to restore your right to own a firearm? Slim to none. Schwarzenegger will not even give you the time of day, much less a pardon, unless you are rich and/or famous.
 
I guess for now I'll indulge in high end airguns. Just waiting to hear back from the guys at www.fullyautomaticairgun.com on their HPA/n powered F/A .177/.22.
 
TOM1960 said:
In order to restore your right to own a firearm under federal law, you would need a pardon from Governor Schwarzenegger.
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That's not correct. While a pardon would be ideal, there are tens of thousands of Americans convicted of state felonies who have had their "privilege" to possess firearms fully restored under federal and state law without receiving a pardon from a governor or president; there are a variety of methods to accomplish this depending on the respective state. I suspect you've never read the U.S. Supreme Court decision in Caron v. U.S., 502 U.S. 308 (1998).

Charlie Mike, I invite you to e-mail me if you'd like to discuss this subject in private (we ex-grunts have to stick together :)). Discussing it here on BF would likely irritate the usual suspects.
 
Email sent. Usual Suspects ... LOL
 
AbnInfantry said:
That's not correct. While a pardon would be ideal, there are tens of thousands of Americans convicted of state felonies who have had their "privilege" to possess firearms fully restored under federal and state law without receiving a pardon from a governor or president; there are a variety of methods to accomplish this depending on the respective state. I suspect you've never read the U.S. Supreme Court decision in Caron v. U.S., 502 U.S. 308 (1998).

Charlie Mike, I invite you to e-mail me if you'd like to discuss this subject in private (we ex-grunts have to stick together :)). Discussing it here on BF would likely irritate the usual suspects.
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Be careful. My state, Massachusetts, will issue an FID (Firearms Identification) Card to felons five years after their punishment ended. The FID is needed to possess non-large capacity rifles, shotguns, ammunition and Mace/pepper spray. The Class A or B License to Carry for handguns? No way. The FID is a trap, however. You will have your right to own a rifle or shotgun restored at the state level. However, if you get caught in possession of any firearm or even a single round of ammo, you will get jammed on the FEDERAL charge, since you are still federally-prohibited. Felons with legal MA FID cards have been prosecuted and imprisoned on these federal charges, so it does happen. Just make sure that you have a damn good lawyer who specializes in gun/weapon law. E.F. Nappen from New Hampshire is one such lawyer. Perhaps he could recommend a Cali-licensed attorney to help you out.
 
Charlie Mike said:
Read the page...

You will not be allowed to own or possess a firearm until you would otherwise be able to do so.

Ths baffles me.


edit: What if I move to Montana? Me and the wife were thinking about buying a vacation/bunker home were thinking about it b/c of the new law being passed on MN made guns and ammo.
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You may have found your answer. The federal law prohibits felons from owning firearms or ammo that moved through interstate commerce, which is just about any firearm or ammo made. Now, you could probably manufacture your own and be legal or buy one that was made locally in your own state without violating federal law. If this is the case, just make sure that Montana doesn't have any state laws prohibiting firearms ownership by felons. BTW, black powder firearms are not prohibited by federal law from ownership by a felon. This could be another option for you.
 
:D

I'd love to own a Walker .44 replica, but I think for now the better option for me would be the full auto .177 @ 650 FPS.
 
Charlie Mike said:
:D

I'd love to own a Walker .44 replica, but I think for now the better option for me would be the full auto .177 @ 650 FPS.
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A nice Bowie would be a good companion for the Walker .44 on your belt. Yes, we are back on the knife topic!;)
 
I don't own any fixed blades besides kitchen knives (hidden strategically under couch cushions) and a Les Voorhies necker. Soon that will change when Reese Weiland finishes my footlong Ti (.160") tanto styled after the early Emerson fixed blades. I'm also consdering one of CS factory seconds of their carbonV Laredo Bowie.
 
Charlie Mike said:
I don't own any fixed blades besides kitchen knives (hidden strategically under couch cushions) and a Les Voorhies necker. Soon that will change when Reese Weiland finishes my footlong Ti (.160") tanto styled after the early Emerson fixed blades. I'm also consdering one of CS factory seconds of their carbonV Laredo Bowie.
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Excellent heavy-duty belt knife and CS is currently having a sale. I received the notice in the mail a few days ago. The factory second Recon Tanto is also on sale, FYI.
 
Yup... got the same thing in the mail.
 
TOM1960 said:
Be careful. My state, Massachusetts, will issue an FID (Firearms Identification) Card to felons five years after their punishment ended. The FID is needed to possess non-large capacity rifles, shotguns, ammunition and Mace/pepper spray. The Class A or B License to Carry for handguns? No way. The FID is a trap, however. You will have your right to own a rifle or shotgun restored at the state level. However, if you get caught in possession of any firearm or even a single round of ammo, you will get jammed on the FEDERAL charge, since you are still federally-prohibited. Felons with legal MA FID cards have been prosecuted and imprisoned on these federal charges, so it does happen. Just make sure that you have a damn good lawyer who specializes in gun/weapon law. E.F. Nappen from New Hampshire is one such lawyer. Perhaps he could recommend a Cali-licensed attorney to help you out.
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If you'd read the 1998 Caron decision, you'd know why such persons were successfully prosecuted by the Feds. Under Caron, a state's partial restoration of a felon's firearms privileges (e.g. just long guns, not handguns) does not exempt the person from being a "prohibited person" under GCA-68. SCOTUS ruled a state's full restoration of firearms privileges (which may be obtained through a variety of methods short of a governor's pardon) does restore a felon's federal "privilege" to possess firearms and ammunition.

TOM1960 said:
Now, you could probably manufacture your own and be legal or buy one that was made locally in your own state without violating federal law.
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You evidently haven't read the overwhelming federal case law affirming convictions under GCA-68 in which persons were successfully prosecuted for the intrastate, not interstate, manufacture of firearms and/or ammunition or the possession of firearms/ammunition manufactured in that state. Felons in Massachusetts have been convicted under GCA-68 for the intrastate possession of a Smith & Wesson handgun manufactured in MA; felons in Minnesota have been convicted under GCA-68 for the intrastate possession of Federal brand ammunition manufactured in MN.

TOM1960 said:
BTW, black powder firearms are not prohibited by federal law from ownership by a felon. This could be another option for you.
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[...sigh...] I wish I had a dollar for every person rotting in a federal gulag who followed such "legal advice." The Feds classify black powder as an "explosive" (unlike smokeless powder which is classified as an ammunition component). The possession of any quantity of black powder, even a single firecracker, by a convicted felon is a federal felony punishable by up to ten years in prison. See 842 U.S.C. § 842(i)(1). Felons have been convicted under this statute for merely possessing fireworks just as they've been convicted under GCA-68 simply for possessing any ammunition component, even primers or empty cartridge cases.
 
I can't answer your question directly, but first you will have to stay out of trouble for a significant amount of time. However, keep the following in mind:

States have considerably different laws governing pardon, expungement, and forfeiture and restoration of civil rights. Furthermore, states have drastically different policies as to when and under what circumstances such discretionary acts of grace should be extended.

Many States that restore felons' civil rights (or accord another measure of forgiveness) nonetheless impose or retain firearms disabilities.

Congress has repeatedly barred the Attorney General from using appropriated funds "to investigate or act upon relief applications." United States v. Bean, 537 U.S. 71, 74-75 (2002). The bar on funding was renewed every year from 1992 through 2006. I don't know whether this has changed but I doubt it.

As other posts have alluded, this issue raises many difficult questions concerning federalism.
 
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For legal advice, check out Chuck Michel at www.tmllp.com . His firm name recently changed when his partner was elected City Attorney. I think the phone number (562-216-4444) is still good. Chuck is the NRA's point man in CA. I've met him several times and he struck me as a knowledgeable and very bright fellow.

DancesWithKnives
 
DWK2 said:
For legal advice, check out Chuck Michel at www.tmllp.com . His firm name recently changed when his partner was elected City Attorney. I think the phone number (562-216-4444) is still good. Chuck is the NRA's point man in CA. I've met him several times and he struck me as a knowledgeable and very bright fellow.

DancesWithKnives
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interesting, we backed Nuch for ca and i was at the election party. then last week i met a girl who is a legal secretary for the private firm.

small world.

sorry for the ot post....
 
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