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BellaBlue32

Federal Gun Laws for Felons after 5 years?

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If you have a non-drug, non-violent, white collar federal felony conviction, have served your time in prison and have been off of probation/parole for at least 5 years with no other legal issues can you get you rights back to own a gun? In Texas? 

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Your gun rights are gone forever under federal law because you were convicted of a felony.  What kind of felony offense doesn't matter.  In TX,  the right to register and vote is restored once you complete your probation/parole.  So, yes, you can register and vote. 

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42 minutes ago, BellaBlue32 said:

https://thelede.blogs.nytimes.com/2011/11/15/answers-on-felons-and-gun-rights/

 

if you read what was posted in The NY Times, it says once your right to vote is returned at the state level then you can legally own a gun. (very last paragraph at bottom of article). Very confusing. Can you explain? 

 

The problem is that the comment in the article applies to only to persons convicted of state crimes, which the article did not make very clear. For someone that is convicted of a federal felony offense the state's action to restore state voting rights has no effect with respect gun rights. With federal convictions, only federal law may restore the right to possess a firearm, and currently there is no way for a convicted federal felon to do that. The U.S. Department of Justice explains that in its Criminal Resource Manual (CRM) section 1435.  Thus, if you are convicted of, say, federal tax evasion, which is a federal felony, you will be prohibited from possessing a firearm regardless of what the state does. As things currently stand, a federal felon needs a presidential pardon to get those firearms rights back.

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Ok, I see what you are saying. I have a couple of additional questions if you don’t mind. I have been looking. Into some of the new case laws that have come down and some of the old stuff as well. I read an article that says there is a loop hole in the federal law that states of a felon gets there civil rights restored, at the state level, and have a non-violent federal felony, and it has been either 5 or 10 years (can’t remember which) years with no re-offenses, that you can apply to court to have your civil liberties reinstated and that includes your gun rights? Is this correct? Additionally, with new case laws that have come down at the federal and state level, is there a way to petition the courts for my second amendment rights to be returned? Or something like that? Lastly, is there not a an additional loop hole that allows non-violent offenders at the federal level to petition the Tobacco, Alcohol, Firearms, and Explosives Commission to have there gun rights restored through them, if they decide that the individual poses no threat to the people of the United States greater than any other citizen, currently? This is a concern to me as I live very far out in the country, my husband is former military , but a wounded warrior, and we have a child, lots of copperhead snakes, varments, and he has a service dog, but we have 3 packs of Coyotes living in the land around us. He has had 2 of them run up on him in broad daylight, and it very concerning to us that we are not able to legally have guns in our home to protect us from these things. I am learning to atm to shoot a bow, but it is not the same and takes a long time to become proficient in aim. Is there any type of law or loop hole or possible way through this law other than a pardon? If not, how difficult is the pardon process as I am certain that it would be approved, if the right steps were taken to put it in, but we are not financially in a position to afford a lawyer to either petition the Supreme Court, the TAFE, or to pay one to assist in the pardon process. So I could use some advice or help on the matter, of at all possible. Thank you for your time.  

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Also, you are correct the article makes it appear as if, once the state restores your right to vote, ( a civil liberty), that you automatically are afforded the restoration of all your civil liberties. Which to my understanding now, you can regain voting rights, but must petition court for restoration of all civil liberties, regardless of state or federal conviction. Additionally, it goes on to male it appear that once your civil liberties are restored at the state level, your gun rights are included in this, as they are a civil liberty. What it did not make clear was that federal law trumps state law, and having your state civil liberties reinstated, although in the state and per state law you can legally then own a gun, does not at the federal level reinstate this right. That being said, if you aren’t in your state and have your civil liberties at the state level returned, can you legally in that state only posses a weapon?or would it only be an issue if there was a federal agency issue in the future? But not a state agency? It is all very confusing, for those of us on the federal side of things. Also, why are the laws so much more in favor of those commuting “state” level felonies, and so much more harsh for federal level felonies? Statistically, state level criminals are more violent and drug crimes, and MUCH more likely to recidivism than federal criminals, which are mostly “white-collar” crimes, and not if the violent nature that state crimes are. Therefore does it not makes more sense to be more lenient with white collar criminal gun laws and more ridged with violent, & drug related criminals? There is even a lesser recidivism rate for federal drug criminals (which are usually larger amounts and longer sentences), than state drug criminals (which are usually small/ petty amounts resulting in short of any jail time, but multiple charges over years). Should we not rethink these laws? 

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I apologize and don’t mean to be questioning ywhat you are telling me, however earlier I forgot to ask one very BIG question. Is there not an additional loop hole under the federal gun laws that provides for restoration of gun rights to federal felons, if in fact the felony is punishable by one year or less in the sentencing guidelines? And/or if the felony is punishable by not more than two years under there state laws, (even though not a state crime). This is one loop hole that I have seen some writings on and if this is true, how does one go about using this to show they are able to have there gun rights reinstated, as this law would apply to me, as under my states laws, it holds a two year or less sentencing maximum. 

*Texas

Federal Conspiracy to Commit Fraud with an  aces device.

I literally had a print/scan/copy/ all-in-one, and a power supply in my vehicle. Which apparently is illegal by federal law, especially when the Judge wants to make a. “Example” our of you, and the DA, your court appointed lawyer and the Judge are all working together against you. Since my sentencing, prison sentence, probation, and 10 years after theses have passed, I found out about 9months to a year after my conviction, the Judge himself was arrested and sentenced for crimes having to do with dirty sentencing. So if ANYONE ACSM help me get this removed from record, or my gun rights restrored, please send contact info.  

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9 hours ago, BellaBlue32 said:

I apologize and don’t mean to be questioning ywhat you are telling me, however earlier I forgot to ask one very BIG question. Is there not an additional loop hole under the federal gun laws that provides for restoration of gun rights to federal felons, if in fact the felony is punishable by one year or less in the sentencing guidelines?

 

The federal law that applies here is 18 U.S.C. § 922(g)(1), which makes it illegal for any person "who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year" to possess a firearm or firearm ammunition. The courts have interpreted the word punishable to mean "the maximum potential punishment a court can impose, whether or not set by statute." Schrader v. Holder, 704 F.3d 980, 986 (D.C. Cir. 2013). What this means is that if the statute either provides that the maximum sentence that may be imposed is more than one year in prison or if the statute does not set any maximum (as in some common law state crimes) then the convicted person is barred from possessing a firearm.

 

For example, suppose Amy is convicted of federal tax evasion. The maximum sentence that the court could impose for that crime is five years in prison. Because of that maximum term that could be imposed Amy is prohibited from possessing a firearm even if the sentencing guidelines would set a term of prison for her at 8 months and even if 8 months was the actual sentence the court imposed. It doesn't matter what the sentencing guidelines say in her case. It doesn't matter what the actual sentence imposed or served was. What matters is what the maximum sentence was that the court could have imposed under the statute. And since that maximum is five years Amy can't possess a gun.

 

10 hours ago, BellaBlue32 said:

And/or if the felony is punishable by not more than two years under there state laws, (even though not a state crime).

 

Unfortunately, no. The reason that Congress targeted crimes punishable by more than a year imprisonment is because in the federal system those are the crimes that are felony offenses. That had long been the line that separated misdemeanors and felonies under the common law too, and most states also use that as their definition of felony, too.

 

But Congress recognized that a few states (like Pennsylvania) have some crimes that they call misdemeanors even though the offender could be sentenced to something more than a year in prison. In Pennsylvania, there are some crimes punishable up to two years that are considered misdemeanors. So Congress put in an exception to allow for what the state has decided is a misdemeanor crime. That exception is 18 U.S.C. § 921(a)(20), which allows a person who was convicted of  "any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less" to escape the firearm ban. (Underlining added.) Note the important part I underlined: it only applies to state offenses, not federal offenses. So the two year exception does not help you because yours was a federal offense. And for federal crimes, if the max penalty that the court could have imposed is more than one year in prison, you are prohibited from possessing a firearm. In that case, as we have told you  before, you are stuck unless you can get the president to pardon you or you can somehow get that conviction overturned, which is pretty much impossible now that you've fully served the sentence.

 

I realize from your posts you have a real strong desire to be able to possess a firearm. You might want to have your situation reviewed by a criminal attorney in your state who handles federal criminal matters and is familiar with the rules relating to the ban on felons possessing guns to see if maybe something you haven't mentioned here might make a difference. Just don't get your hopes up much that the lawyer will find something. Congress intentionally made it nearly impossible for federal felons to ever get their gun rights back.

 

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Does the ruling in this Forbes article stand any ground to allow certain white collar felons (federal) the ability to possess a firearm? I understand it's a District Court decision and that the government will more than likely, if they haven't already begin the appeal process to have the District Courts decision overturned.

 

https://www.forbes.com/sites/walterpavlo/2018/10/05/ruling-clarifies-that-some-white-collar-felons-can-possess-a-firearm/#11460dcb367a

 

https://www.courtlistener.com/pdf/2018/09/28/reyes_v._sessions.pdf

 

18 U.S. Code § 921

(20) The term “crime punishable by imprisonment for a term exceeding one yeardoes not include

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices

 

It would be helpful to know what falls into “other similar offenses relating to the regulation of business practices”.

In my case, a 1994 federal conviction of “wire fraud”?

Any input on this?

Thanks,

 

 

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12 minutes ago, Gurn Blanston said:

Does the ruling in this Forbes article stand any ground to allow certain white collar felons (federal) the ability to possess a firearm?

 

I have no idea what "stand any ground" means in the context of this question, but the judgment in the Reyes case inures only to the benefit of the particular plaintiff in that case.

 

 

14 minutes ago, Gurn Blanston said:

I understand it's a District Court decision and that the government will more than likely, if they haven't already begin the appeal process to have the District Courts decision overturned.

 

The article to which you linked is over five months old, and judgment was entered on November 21, 2018.  The time to appeal has expired.

 

I suggest you consult with a local attorney to see if you could use the ruling in the Reyes case to your benefit.

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2 minutes ago, pg1067 said:

 

I have no idea what "stand any ground" means in the context of this question, but the judgment in the Reyes case inures only to the benefit of the particular plaintiff in that case.

The article to which you linked is over five months old, and judgment was entered on November 21, 2018.  The time to appeal has expired.

I suggest you consult with a local attorney to see if you could use the ruling in the Reyes case to your benefit.

 

I have reached out to the attorney of record representing Reyes and hopeful for a response.

How would I search to see if there is an ongoing appeal?

 

Thank You

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9 minutes ago, Gurn Blanston said:

How would I search to see if there is an ongoing appeal?

 

I looked at the case docket on PACER, which you can access via the link at the court's web site.  There has been nothing filed since the entry of the judgment last November.  If an appeal had been filed, it would show up there (you could also run a search at the web site for the Court of Appeals for the District of Columbia.  I didn't look at any actual filings, but my guess is that this isn't something that the current administration fought very hard.

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2 hours ago, Gurn Blanston said:

Thanks, I do appreciate your prompt and informative response. If I hear back from the representing attorney, I'll post an update here. Enjoy your day!

I wouldn't hold my breath waiting on that call.

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5 hours ago, Gurn Blanston said:

It would be helpful to know what falls into “other similar offenses relating to the regulation of business practices”.

In my case, a 1994 federal conviction of “wire fraud”?

 

Any input on this?

Thanks,

 

The wire fraud statute is not offense that regulates business practices similar to criminal laws that regulate anti-trust violations, unfair trade practices, or restraints of trade. Indeed, the crime of wire fraud is not a law that regulates business in any way. So I think it unlikely that this exception to the general rule in § 922(g) banning federal felons from possessing firearms or firearms ammunition would help you.

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