Re: RESTORING FIREARM RIGHTS
Posted by Joel Clyde on 11/22/03
On 12/07/02, sharwinston wrote:
> Have you tried filing for expungement under your State's
laws?
>
> Go to this link for info on Washington State expungements:
> http://www.courts.wa.gov/brochure/criminal/cjrecords.cfm
>
> You can do more research using parameters such
as "Washington"
> + "state" + "expungement" + "record" + "law".
>
> Can an expungement help me to lawfully possess firearms? the
> answer is frequently: Yes.
>
> Because an expungement removes the criminal conviction, it
may
> have the effect of removing the disqualification placed upon
a
> "convicted person" from purchasing or possessing firearms
> under the firearm licensing/possessory law of some states.
>
> A State expungement could also remove the Federal
> disqualification for convicted felons purchasing or
possessing
> firearms. At one time an individual needed a Federal relief
> from disabilities even though they had a State expungement.
> Under the 1986 Gun Owners Protection Act, this was changed
so
> that the Federal Government recognizes State expungement.
This
> express recognition may be found under the U.S.C.A. Title
18,
> 921(a)(20). Expungement of an otherwise qualifying offense
> also removes one from being subjected to the Lautenberg
> Domestic Violence Misdemeanor Gun Ban.
>
> Since there has been much, much activity in this area of the
> law, you are cautioned that the above may not be current and
> you should thoroughly research and investigate for accuracy.
>
>
> On 9/24/02, THOMAS wrote:
>> I PLEAD GUILTY TOO A CLASS C FELONY IN JUVENILE COURT A FEW
>> YEARS AGO.MALICIOUSE HARRASSEMENT,PROBATION CUMMUNITY
>> SERVICE.HAVE NOT GOT IN ANY OTHER TROUBLE.WANTED TO KNOW
>> HOW I CAN GET MY GUN RIGHTS BACK.THIS WAS IN KING COUNTY,IN
>> WASHINGTON STATE.IF ANYBODY KNOWS HOW I CAN GET MY GUN
>> RIGHTS BACK PLEASE POST ANSWER ON BOARD,THANKS.
Wrong! In the State of Texas, and probably other States as
well, a full Pardon DOES NOT RESTORE FIREARM RIGHTS. They will
not, under any circumstance, restore anyone's firearms rights,
even on a wrongful or vacated conviction. I know. I have one,
for taking the rap for a bad check that was .25 cents over the
amount for a (Third Degree...the lowest one) felony 15 years
ago ($100.00.) I have never heard of anyone who has had their
rights restored. If there are any, I'd like to hear from them!
The prohibition on a person who has served their time and
demonstrated that they are no threat is clearly
unconstitutional. It is cruel and unusual punishment to put a
life sentence on someone for a non-violent crime. There are no
restrictions on me to have a pen or checkbook in my possesion!
If I knew how to do it, I'd go to the Supreme Court on it. You
see, it is an infringement of the type our Founding Fathers
wanted to guard against. Example: "We don't want felons to
ever have firearms for the rest of their lives. We also want
to disarm the public totally, except for the elite and their
protective services (Police and Military and Body Guards,
etc...). Therefore, we will just change what constitutes a
felony!" There's nothing to stop any law maker from
classifying a traffic ticket as a felony, should they modify
the law. They could also make associating with a traffic law-
breaker a felony! This could, and in fact is happening as we
speak. You are no longer protected from illegal seaches and
seizures either, as it says in the Constitution because they
have changed the definition of a 'Legal' search and
seizure/forfieture. They stop you at a road block, find one
marijuana seed left in your car by a previous owner and your
car, personal possesions and, oh...let's not forget any cash
you have, is confiscated and sold at auction....before you
even go to court! If you don't believe this, try going through
a roadblock with your life savings (in cash) in your car and
try to convince then it's not 'drug-money'. This recently
happened to a resident of Rome, Ga. who had won money in
Jackpot, NV. gambling and was on his way home with cash (he,
like me, has an aversion to checks). He was stopped at a 'DUI'
roadblock and detained. They had drug dogs react to the money
(since a study last year indicated that 90% of all money has
traces of coccaine on it), confiscated it, his car and
personal possesion. He is awaiting sentening for 'laundering'
money. He was a well-respected resident with a clean record.
Now, he won't have any firearms either! It can and does happen!