How do I petition Court for firearms rights restoration?

[lee1864]

I'll give you the rundown. I was adjudicated delinquent in 2006 for Felony 2 Burglary and Felony 2 Criminal Trespass.
I've heard many conflicting scenarios. I was told I'm able to possess at age 30. I was also told I'm never able to possess because burglary is a lifetime ban. Basically I'm looking at the firearms rights restoration, if successful,is my only option that is a for sure thing. But how does one go through this process? I've done countless hours of research and nearly everything says motion the court for petition of firearms rights restoration.
I've consulted a few local attorneys,but they basically all have no idea this even existed, or seemed they didn't even want bothered with it. I'm working on my expungement in Butler County currently, but I feel this is different as they had an actual form for the expungement. What are some of your thoughts or input on this situation, or if you have direct experience with this type of process. Any help will be greatly appreciated.

[lee1864]

Also, Iam now age 26. Forgot to put that in there.

[GunLawyer001]

Do either of these apply to you?

(7) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.

(8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.

[lee1864]

Yes they both apply to me.

[lee1864]

Basically how I'm reading it is in paragraph 7, 3502 burglary is the exception in paragraph 8.

[knight0334]

From the looks of things you will need a pardon from the governor and then an expungement by the courts.

Or wait until you are 70 years old and apply for a restoration of rights.

[lee1864]

I must be confused with the one statute that seems to state after 5 years the court may grant relief for juvenile adjudication but I may be wrong. The legal language isn't my strongest level knowledge for sure.

[lee1864]

(d) *Exemption.--A person who has been convicted of a crime specified in subsection (a) or (b) or a person whose conduct meets the criteria in subsection (c)(1), (2), (5), (7) or (9) may make application to the court of common pleas of the county where the principal residence of the applicant is situated for relief from the disability imposed by this section upon the possession, transfer or control of a firearm. The court shall grant such relief if it determines that any of the following apply:

(1) *The conviction has been vacated under circumstances where all appeals have been exhausted or where the right to appeal has expired.

(2) *The conviction has been the subject of a full pardon by the Governor.

(3) *Each of the following conditions is met:

(i) *The Secretary of the Treasury of the United States has relieved the applicant of an applicable disability imposed by Federal law upon the possession, ownership or control of a firearm as a result of the applicant's prior conviction, except that the court may waive this condition if the court determines that the Congress of the United States has not appropriated sufficient funds to enable the Secretary of the Treasury to grant relief to applicants eligible for the relief.

(ii) *A period of ten years, not including any time spent in incarceration, has elapsed since the most recent conviction of the applicant of a crime enumerated in subsection (b), a felony violation of The Controlled Substance, Drug, Device and Cosmetic Act or the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9).


Now from what I've seen, the Secretary of The Treasury no longer does this, so the court will waive that, but 10 years must pass first? Am I correct or just reading all of this wrong? Also I was pointed out that everything is on a case by case basis and that juvenile adjudications are MUCH easier to get through with.

[GunLawyer001]

It might be worth a few bucks to hire an attorney with some understanding of the issues, to review your specific documents and see if non-Pardon restoration is an option.

[lee1864]

Would you happen to know of any in the Greater Pittsburgh area? All of the local ones I've consulted in the past either didn't know or just didn't wanna bother with it? Is this something you could figure for me?