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Old December 17th, 2009, 10:30 AM
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Default Can you get your gun rights back?

A family friend is wondering if he can get his gun rights back. He was convicted of a drug offense back in the 70's and has been the upstanding citizen ever since.

I'm not sure if it was a felony or misdemeanor or what. I'm waiting for a few more details.

Can he have his record expunged? Or just have his rights restored? Or whatever it is?

I have no idea where to begin in my research to help him. Any help would be greatly appreciated.
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Old December 17th, 2009, 10:35 AM
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Default Re: Can you get your gun rights back?

He can attempt to get his record expunged, not 100% sure of the legal process but I'm sure someone will be along soon enough to explain that part.
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Old December 17th, 2009, 10:35 AM
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Default Re: Can you get your gun rights back?

If he has enough money to hire a good attorney.
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Old December 17th, 2009, 11:10 AM
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Default Re: Can you get your gun rights back?

Well, I'm not going to pry into his personal finances but I know he just bought his summer home upstate and that's why he's asking about firearms now because he wants to be able to protect his wife and do some hunting.

What kind of attorney would he need to hire?
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Old December 17th, 2009, 11:32 AM
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Default Re: Can you get your gun rights back?

He certainly can try...

18 PA CS SS 6105.1

Quote:
18 Pa.C.S. 6105.1: Restoration of firearm rights for offenses under prior laws of this Commonwealth
(a) Restoration.--A person convicted of a disabling offense may make application to the court of common pleas in the county where the principal residence of the applicant is situated for restoration of firearms rights. The court shall grant restoration of firearms rights after a hearing in open court to determine whether the requirements of this section have been met unless:

(1) the applicant has been convicted of any other offense specified in section 6105(a) or (b) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms) or the applicant's conduct meets the criteria in section 6105(c)(1), (2), (3), (4), (5), (6) or (7);
(2) the applicant has been convicted of any other crime punishable by imprisonment exceeding one year as defined in section 6102 (relating to definitions); or
(3) the applicant's character and reputation is such that the applicant would be likely to act in a manner dangerous to public safety.

(b) Notice and standing.--
(1) Notice of an application for restoration of firearms rights shall be provided to the Pennsylvania State Police, the district attorney of the county where the disabling offense occurred and the district attorney of the county where the application is filed. The district attorney of the county where the application is filed, the district attorney of the county where the disabling offense occurred and the Pennsylvania State Police may, at their option, be parties to the proceeding.
(2) Notwithstanding paragraph (1), the standing of the Pennsylvania State Police as a party to a proceeding under this section shall be limited to determinations of whether the offense meets the definition of the phrase "disabling offense" or whether the provisions of subsection (a)(1) and (2) have been satisfied.

(c) Copy of order to Pennsylvania State Police.--If the court grants restoration of firearms rights to an applicant, a copy of the order shall be sent by the prothonotary within ten days of the entry of the order to the district attorneys and the Pennsylvania State Police, Firearms Division, and shall include the name, date of birth and Social Security number of the applicant.

(d) Expungement and pardon.--A restoration of firearms rights under this section shall not result in the expungement of any criminal history record information nor will it constitute a gubernatorial pardon.

(e) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:
"Disabling offense." A conviction for any offense which:
(1) resulted in a Federal firearms disability and is substantially similar to either an offense currently graded as a crime punishable by a term of imprisonment for not more than two years or conduct which no longer constitutes a violation of law; and
(2) was a violation of either of the following:
(i) the former act of May 1, 1929 (P.L.905, No.403), known as The Vehicle Code, or the former act of April 29, 1959 (P.L. 58, No. 32), known as The Vehicle Code; or
(ii) the former act of June 24, 1939 (P.L.872, No.375), known as the Penal Code.

The definition shall not include any offense which, if committed under contemporary standards, would constitute a misdemeanor of the second degree or greater under section 2701 (relating to simple assault) and was committed by a current or former spouse, parent or guardian of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, parent or guardian or by a person similarly situated to a spouse, parent or guardian of the victim.

"Restoration of firearms rights." Relieving any and all disabilities with respect to a person's right to own, possess, use, control, sell, purchase, transfer, manufacture, receive, ship or transport firearms, including any disabilities imposed pursuant to this subchapter. The phrase shall also mean the restoration of the right to vote, to hold public office and to serve on a jury.
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Old December 17th, 2009, 11:35 AM
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Default Re: Can you get your gun rights back?

Contact the Pennsylvania Bar Association.
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Old December 21st, 2009, 02:21 PM
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Default Re: Can you get your gun rights back?

I know of one person in my town that had a drug arrest and some county jail time back in the 70s that did get his back.

It took him 5 years, a lot of money and an attorney that worked to get it done. One of the things he needed were letters from people in the community (most of the ones he got were important people) that knew him, to verify he had changed and was an upstanding citizen and a benefit to society.

I also know of another person that has tried and tried and still has not had their record expunged and had a lesser charge and no jail time.

So I would guess it depends on the circumstances, your attorney's abilitiy and whether you can find enough people to write nice things about you.

It can be done though, time, money and a lot of work and apparently it helps to brown nose important people to get them to write nice letters, at the least it can't hurt.
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Old February 8th, 2010, 10:07 AM
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Default Re: Can you get your gun rights back?

There is plenty of people that know him very well, for a very long time that will write tons of positive things about him.

Another question:

Can his wife purchase a firearm and have a LTCF even though she lives with him?
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Old February 8th, 2010, 10:10 AM
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Default Re: Can you get your gun rights back?

I have often wondered how someone's 2nd amendment can be suspended for getting into legal trouble.

Their 1st amendment is not suspended, their 5th and 6th amendments do not go away.
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Old February 8th, 2010, 10:56 AM
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Default Re: Can you get your gun rights back?

Quote:
Originally Posted by West Chester View Post
I have often wondered how someone's 2nd amendment can be suspended for getting into legal trouble.
The 5th amendment provides for this:

"No person shall ... be deprived of life, liberty, or property, without due process of law"

They may not lose their 1st amendment rights but it's not just your 2nd amendment rights at risk when you are convicted of a crime. Many (most?) states deny felons the right to vote. People on parole/probation forfeit their 4th amendment rights and have to submit to random searches/drug tests/etc.
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