THE GUN LAWYER: How Felons Get their Gun Rights Back

In this episode, The Gun Lawyer discusses how felons can get their gun rights back.

Please feel free to contact us at:
Cheshire DeBrosse, P.C.
503 South Front Street, Suite 240B
Columbus, Ohio 43215
Ph: 888.399.7863
[email protected]

The information contained in these videos is not legal advice nor should it be construed as legal advice. You should contact your own attorney should you have any legal questions concerning firearms. Please be advised that the laws discussed in these videos change from time to time and at some point the information may be out of date. You are advised to contact your own attorney before relying on any information herein.


37 thoughts on “THE GUN LAWYER: How Felons Get their Gun Rights Back”

  1. Recommend to me a gun rights lawyer in New Jersey. NJ will not give me my gun permit. no mental health issues, no felony so there is no reason why I cannot get the gun permit.

  2. So,if felons aren't even allowed to be around guns..then police would have to stay away from them.Police wear guns.It would be violating a felon's rights if they were honestly trying to stay away from guns and a police officer walked up to them with a gun on their belt,right? Seeing as how that would place them in the vicinity of a firearm.If the vicinity laws were technically followed,all an officer would have to do is walk up to a felon minding their own business,and that person would be in violation.That law is full of more holes than any gun could make,and would be overturned if seriously challenged

  3. Can you help with info for Massachusetts…. I have never been in trouble except for 2 dui's 16 yrs apart from each other

  4. Sir I was convicted of a possession(illegal substance) charge in 2007 in which I served time in prison. I haven't been in any trouble whatsoever since then. I currently live in Texas the state where I served my time. I successfully discharged my parole with no violations. Is it possible for me to have my gun rights reinstated???

  5. So here are my facts. I have been five times convicted of a felony… All drug charges.. Nothing violent whosoever. I am currently on Extended supervision/parole for felon in possession of firearm. Possession w/intent methamphetamine. Manufacture/deliver schedule 1,2 narcotic…… Can I get my gun rights restored. I'm 32 passed the age of expungement as far as I know

  6. Felons have every right to carry a gun . The second amendment protects every man and his right to own guns .

  7. Ive got a really hard question for you:
    How do I buy a firearm, being homeless with no legal address?
    I've got a completely clean record, but no one will sell due to my home address being non-existent.
    *If y'all can blow this up, I've been trying to figure out this situation for a while now. *

  8. This is all very confusing for anyone reading piecemeal bits from here and there and no one in authority will give you direction or advice. Different agencies even different lawyers have different opinions. I have two armed robberies with associated gun charges. One was in SC, the other in Virginia. I had fourteen felonies in total. I had NO FEDERAL CHARGES. I have received a full pardon from SC. In Virginia the process is more drawn out. First you have to wait a certain number of years after getting off parole and probation (in SC it's five years). Then you apply to the governor's office for a "restoration of rights" and after a nine month investigation they will either confirm or deny your restoration (this restores your civil rights to vote, be a notary, hold public office etc.). Then if you want your gun rights restored, you have to petition the Court you were convicted and sentenced in. The Court will schedule court time, perform it's own investigation and decide, with input from the State's attorney, if you should have your gun rights restored. All of that takes about eighteen months and I had my gun rights restored. THEN… I had to apply to the Governor of Virginia for what Virginia calls a "simple pardon" (opposed to an "actual innocence" pardon where you can prove your innocence). You have to have your civil rights AND gun rights restored before you can apply for the simple pardon. The simple pardon took a two year investigation; but, I was subsequently granted a pardon in Virginia. Every State is different so you just have to research the jurisdictions that affect you. Someone convicted of a Federal crime would have to pursue a pardon with the President of the United States. Forget expungement…just forget about it if you have any felonies and plead guilty or were convicted in a trial. Unless you have a very limited scope of a crime (misdemeanor possession of marijuana) or are found not guilty or your charge was nolle prosequi, expungement is an adjudicatory action seldom given. It is spelled out by law the limited circumstances it can be granted (and it usually involves pretrial intervention programs). The only felonies I have ever seen expungements granted for is if they were found not guilty or the State decided not to prosecute (nolle prosequi).

    Now as far as the bit about the ATF/Attorney Generals office not appropriating money to fund paying people to look at requests sent to ATF/Attorney General's office regarding removing disabilities. This is a little misleading. No where in the laws or Rules does it say ATF/Attorney General has any say over resolving disabilities. When you are convicted in State or Federal Court of a crime carrying more than i year in prison you gain a "disability." If you have a disability showing on NCIC (which is controlled and managed by the FBI) you cannot legally own a gun or ammunition. The FBI is the holder/disseminator of your record and associated disabilities. State authorities submit convictions and commitments orders to NCIC as well as pardons and/or restorations of civil and gun rights. When the State sends a pardon or restoration of rights notification to the FBI and it is entered as a notation on your NCIC report IT AUTOMATICALLY REMOVES ANY DISABILITIES YOU HAVE RELATED TO THAT CRIME (and the law reads if you have been pardoned or your rights restored it is as though you have never been convicted of that crime, as far as disabilities are concerned). Once the FBI notates your NCIC that you have been pardoned, that is all it takes and you are legal to own a firearm. For background checks to purchase firearms the authorities rely on information in NCIC. Now if you have more than one crime, put all of them (back to when you turned 18) on your pardon petition. Wipe the slate clean. Doesn't take a minute more of your time or cost an additional penny. Yeah a pardon is the way to go and the longer it has been since your crime and keeping a spotless record helps.. You don't need a lawyer. It just takes a little bit of time. The fee in SC was $100. I don't recall there being any fee in Virginia.

    I am now free and clear of all disabilities. I have conferred with the FBI clarifying my status as a lawful gun owner. I have spoken at length with SLED authorities (SC FBI) and went through an appeal process to demonstrate to them how my disabilities have been wiped by pardons. I have been issued a CWP by SLED and an FFL by the ATF. The key is getting the convicting authorities who sent your information in to NCIC to start with, to contact the FBI and update your pardon or restoration of rights.

    Now if you are a Federal convict and go for a Presidential pardon the part about the ATF/Attorney General not funding manpower to assist, comes into play. If you are pardoned it would be the Attorney General's Office that would inform the FBI (or not – they won't) your disabilities have been resolved. Unless you had the POTUS office directly inform the FBI of your Federal pardon to get around that. I don't know, that is not something I had to contend with.

    Now there is one tricky part to this. When I had my civil rights restored and then my gun rights restored in Virginia. I thought I was good. Well you are…in Virginia. However, in most of the other 50 States it is written into their Constitutions to recognize a pardon only as the means to relieve a disability (not court orders and proclamations from the Secretary of States Office). These new processes of restoring civil and gun rights in some States is not recognized by other States whose Constitution only recognizes pardons to remove your disabilities. Between the time when I had my civil and gun rights restored and received my "simple pardon" in Virginia, I did not conceal carry outside my home State of SC. I did not want to test the system of another State and how they felt about restoration of rights vs. a pardon. Too much gray area there. I am being told that people are regularly being arrested in some States for concealed carry, without a pardon to absolve the disability. So if you do not have an outright pardon, I would tread carefully and make a plan to get one.

  9. I have a very unique situation… My stepfather had a concealed carry permit in the state of Texas which he maintained for decades up to the day he left the state. He moved to Florida, & went through all of the proper channel$ to acquire a CCP and was denied during the background check because of a felony charge in the state of Texas that was dropped back in the 70’s. Upon contacting the state of Texas for official documentation of proof to present to the state of Florida, they basically told him to kick rocks. He just surrendered to the situation which I think sucks, but I feel bad that he lost his rights over silly red tape. Injustice anywhere is a threat to justice everywhere! Does anyone have any advice on what steps could be taken to remedy this situation?!? Thank you in advance!

  10. What about expanded background checks?

    Can you buy a gun with a sealed or expunged record and can you say no to anything?

  11. What if I'm in Columbus, Ohio also and have more than one drug related conviction but nothing violent and absolutely nothing gun related? Also I've been in recovery and off drugs for several years. Is there ever a chance I'll be able to get back my God given rights that have been some how taken by someone other than God? Thanks in advance for your help!

  12. You know what's bullshit is I'm not a prohibited persons and own several guns in PA but because of misdemeanor 3 possession of controlled substances from 9 years ago I can't ever get a CCW Permit? That's bull. Never been violent or committed any Felony.

  13. I live in Rhode Island but I have 1 felony in the state of n.y. and am applying for a good conduct form from the state of n.y. to be able to get my long gun rights back I have never done state or federal time for the felony it is listed as a class e felony and non violent if it is approved will it allow me to be able to both own and use a muzzle loader for hunting with out the local police bothering me or can I still be charged for having and using it.

  14. I got my case dismissed for a UCW. I cant seem to find a solid answer regarding UCW charges. Does UCW bar me from buying guns? It was filed under Class A misdemeanor. Everytime I bought a gun. I was DELAYED. But then again. I was DELAYED before the charges were brought against me. I cant seem to find what can be done stuff like this happens.

  15. Struck a man in bar. 3 weeks later arrested for a felony battery. Veteran served 2 tours, i just want my life back. Opportunity for employment and my right to bear arms.

  16. All these people in the comments saying “the law isint allowed to violate your 2nd amendment rights” try telling that to law enforcement

  17. If put on a jury I will never find someone guilty of a crime simply for possessing an inanimate object certainly not one that EVERYONE has a right to own. self defense is the first law of nature.

  18. i got my gun rights back in california 2018 after a long fight then the doj took my gun now back in court all for a bogus charge by kkkcops

  19. So a guy who murdered somebody can get gun rights back, but someone who snatched a cellphone out of someone's hand and got a misdemeanor DV can never again own a firearm?

  20. Get your rights back from who? Did God come and take them back because you are born with these rights and government has no constitutional power to take them! In fact, it says in the federalist papers Congress shall make no law restricting people's right to bear arms and every free man should be armed and has a duty to be. So the government has over stepped its authority and all gun laws are an infringement

  21. I used to be a drug addict, passed out in the passenger seat of my truck. My friend took it out robbing houses and I woke up when he crashed it. I'm getting my felony reduced to a misdemeanor when I finish 3 years probation. It's been about 2 and a half years. No issues. Can I buy one a gun In CA when it is reduced?

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