Re: Non-Violent Felony Charge Restoration of Rights Missouri

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Please read the opinion of the Missouri Supreme Court in
Guastello v. Department of Liquor Control 536 S.W.2d 21, 25 (Mo.
Banc 1976), as well as the information contained on the BATF
website and that of the Missouri Board of Probation and Parole.
Also refer to the 1987 Firearms Owners Protection Act. Prior to
the 1987 FOP, a pardon did not restore your rights to possess a
firearm absent a "Relief From Disabilities", now known
as "Restoration of Firearms and Explosives Priveleges" unless it
specifically stated so. That requirement changed with the FOP
and now the pardon must state it does NOT restore those rights.
Prior to my retirement from the Missouri Board of Probation and
Parole, I conducted many "Applications for Executive Clemency".
While such pardons are not routinely granted, some are and those
who received them were able to purchase and possess firearms.
Please do not take my word alone for it, do some research,
contact an attorney or your local BATF Office. Also, I do not
speak in anyway for the Missouri Board of Probation and Parole,
my opinion is my own.

On 8/15/07, anon wrote:
> On 8/14/07, annon. wrote:
>> On 8/13/07, Mark Keasler wrote:
>>> I previously owned a business in Missouri that was not
>>> successfull. The downfall of my business caused NSF
>>> checks. I was charged with felony charges for these
>>> checks. I now can't take my son and daughter hunting,
>>> which is a major part of our lives. It is bizzare to me
>>> that a bad business mistake can ultimately decide the fate
>>> of your life. I was given probation only, but an SES
>>> rather than an SIS, which I understand would have
>>> eventually dropped off my record.
>>> Thanks for any help.
>>
>> If you were convicted of a state or federal felony, there
>> are two ways to restore your right to own a firearm:
>>
>> (1) If the conviction is vacated, overturned or dismissed by
>> a court of competent jurisdiction or otherwise rendered a
>> legal nullity.
>>
>> (2) You are granted an executive pardon that explicitly
>> restores your right to own a firearm. A simple pardon won't
>> do--it must state on the pardon that all civil rights
>> including gun ownership have been restored.
>
> Is the second option really an option? I've only seen a small
amount of cases in
> Missouri that ended up with any sort of pardon. Is there a
petition that I'm not
> aware of to expunge a record after a certain amount of time?
>
> On another note, does the ATF not investigate the background
of the person to
> judge if they should have their right restored? On a non-
violent crime, I would
> think there are other clauses that would be able to restore
your rights. With that in
> mind, what is this regulation to restore rights, that is
supposed to have changed in
> 2004 on the federal level?