PDA

View Full Version : How can my father get his gun rights back? (he is a felon)


Agro
03-20-2011, 9:04 PM
In 1989 my father got convicted on a 2 drug charges. He ended up getting a federal and a state (CA) felony, served time and was free in 1999. It's now 2011 and he has been out for quite some time. He lives in AZ now. He is as upstanding of a citizen as the best of us and nobody would ever suspect his past. He has a great job, owns 4 homes completely paid off, re-married, etc. Just perfect. He has told me he could get his rights back somehow, but has no interest as he doesn't really want to buy guns and figures the only other big thing he gains is his voting rights back. I however would like him to get his rights back if it isn't too much of a hassle.

So does anyone have any thoughts on this? Thanks.

vincnet11
03-20-2011, 9:06 PM
Felony=Life Time Prohibition(Federal Law)

Mstrty
03-20-2011, 9:11 PM
If he was sentenced to less than a year then I might have more questions to ask. If he was sentanced to more than a year in jail then to request a Gubernatorial (http://www.shouselaw.com/governor-pardons.html) pardon is your only option.

Munk
03-20-2011, 9:11 PM
I think only a full pardon can make it go away. And at this point seems unlikely. It's good that your dad has come to terms with this loss of rights...

Maybe some day in the future this won't be a prohibition for non-violent offenders.

Cuahitl
03-20-2011, 9:17 PM
I think he gets his voting rights back when parole/ probation is completed.

Agro
03-20-2011, 9:19 PM
I think he gets his voting rights back when parole/ probation is completed.

Yeah I read that on the link provided above. However, he is not a CA resident so he doesnt' vote in CA even though 1 of his felonies is CA. So I see that he has to petition the governor for a pardon for the CA felony. Not sure about the federal felony and how he would deal with that yet though.

ohsmily
03-20-2011, 9:55 PM
I think he gets his voting rights back when parole/ probation is completed.

No, not for guns.

It looks like he did a long stretch in prison (felony for which he served prison time). Though I don't know all the facts and procedural history of his case, I believe the only thing that will help him is a COR (certificate of rehabilitation) with a pardon from the gov. Pardons are difficult but no impossible to get. He will need to pay an attorney a bunch of money to even try to make it happen.

Agro
03-20-2011, 9:58 PM
No, not for guns.

It looks like he did a long stretch in prison (felony for which he served prison time). Though I don't know all the facts and procedural history of his case, I believe the only thing that will help him is a COR (certificate of rehabilitation) with a pardon from the gov. Pardons are difficult but no impossible to get. He will need to pay an attorney a bunch of money to even try to make it happen.

He doesn't even reside in CA, so he isnt concerned about his CA voting rights, but I suppose to get his gun rights back, he would need the pardon from the CA governor. You apparently cant get a COR if you don't reside in CA.

It seems that he may be able to vote right now living in AZ since he never had an AZ felony and even in AZ you get your voting rights back after serving your time and parole, etc. anyhow.

What isn't clear to me is even if he got the pardon from the governor of CA, he still has the federal felony, which probably prohibits his gun rights still. How to get a pardon (or whatever is necessary) for the federal felony I am not sure. Also, if the federal felony would prevent him from voting in AZ (his state of residence).

Mssr. Eleganté
03-20-2011, 11:27 PM
He needs to get a pardon from the big guy...

http://upload.wikimedia.org/wikipedia/commons/thumb/e/e9/Official_portrait_of_Barack_Obama.jpg/245px-Official_portrait_of_Barack_Obama.jpg

President G.W. Bush pardoned a felon specifically so he could possess firearms again. But that felon had only accidently killed a bald eagle. He wasn't convicted on drug charges.

President Clinton pardoned a guy convicted on drug charges, but it was his little brother.

A pardon from Obama for a drug conviction might be a long shot.

bwiese
03-21-2011, 4:41 AM
Agree with other posters, esp Mssr Elegante.

The Fed charge is the big problem. Until up to early? mid? 1980s there was a way for a flone 'rehabilitiation' process w/BATF for nonviolent? offenders (say, tax fraud, low-level drug possession, etc.) Congress has denied money to support that process, however, since the mid 80s. So other than a Presidential pardon, he's probably out of luck on the Fed charge.

There is a limited chance the state charge could be cleaned up.

This state charge does not seem to be a "wobbler"/17(b) matter, so a pardon is necessary. (We'd have to see what he was charged with, the possible sentence, etc.) Expungement and/or Certificate of Rehabilitation won't coun't (they may be useful in the process, and helpful for other matters, but not sufficient to restore firearms rights in CA.)

The other possible option in CA - if a plea and not jury trial - is filing a Writ of Error Coram Nobis which, if granted, sets the clock back to the microsecond "beforehand"... and would be used in cases where the defendant didn't have full information about the nature of his case (testimony, evidence problems, etc.) With that coram nobis 'reset', there is in fact some small risk that more substantial charges are filed/worse sentence; alternative 'happy path' is that time served is counted and maybe charges refiled as misdemeanors or other simpler/less severe crimes (This is very approximate, lotsa handwaving, and requires some good attorney skills - much more complex than a 17(b) reduction on a "wobbler".)

[I am unsure - and think not - if this process is applicable at the Fed level.]

In the meantime your dad should not handle guns, ammunition (and magazines in CA). If he's at home and another resident has guns/ammo, those should be securely locked away from him in a substantial fashion.

Oh - felons don't lose their voting rights in CA - certainly once they're out & about. I am unsure if AZ allows a convicted felon (either Fed or AZ or somewhere else) to vote.

Expect your dad having to spend big $$$$$ to get this done. The state stuff would probably have to be attempted/cleaned up first before Fed matters even attempted.

Ubermcoupe
03-21-2011, 10:04 AM
To my knowledge he cannot unless he were to receive a pardon or release of conviction & a finding of factual innocence. It's not impossible, I know someone who did receive a pardon from the Governor after 20+ years of service after some drug issues when he was younger but it was a LONG process.

Either way, I agree with Bill, it will cost $$$$$$$ + lots of time.

Agro
03-21-2011, 11:14 AM
Yep, Dad and everyone else involved would be committing Felonies. Bigdaa's advise is about the STUPIDEST advise one can give. Please, ignore any advise which would be illegal.

Yes, I see sh.. advice here all the time on CG.

So a little different spin on the question though... If we were to go to the desert (my whole family, dad included) and ride dirt bikes, sand rails, eat, drink, etc. and I am shooting my guns when a BLM officer rolls up, wants to see everyones ID's with us, runs his and sees he has a felony, but he wasn't shooting, is there any likelyhood that he would get flak for it? I guess the fact that we would have witnesses standing by saying it was just me and my friends (all non felons) who were shooting. Probably over-paranoid as I have never once seen a BLM officer in my years of going on BLM land and even if I did, it isn't to say I would get trouble from one. Still, I just wanted to ask.

Also if my guns are in the trunk and I am driving and he is riding passenger and I am pulled over, I should be fine, right? "I" am driving, "I" am in control of the vehicle. They are in the trunk, which is "locked",. right?

BigDogatPlay
03-21-2011, 11:27 AM
If the felon has possession of or has access to the firearm(s) or even a single round of ammo under his control = new felony.

Generally... your car, under your control and firearms + all ammo secured so that only you can access them (i.e. the trunk which you have the only key to) then the felon does not have either possession or control. At least that's how I would approach it as a LEO assuming for the sake of discussion that I even find out that you have both firearms and a felon in the vehicle.

I mention the ammo because loose rounds floating around the passenger compartment could make the situation more difficult. If the felon actually has any ammo on their person or in their control in any way, then they're committing another felony.

Gray Peterson
03-21-2011, 2:46 PM
Obama did pardon someone so they can possess guns, so I recommend getting the state charges cleaned up first, then go for a pardon.

bwiese
03-21-2011, 4:05 PM
OK, so going shooting is a stupid idea, however, before everybody sh-ts the bed, go ask G. Gordon Liddy what he does. I just haven't seen him go to jail over HIS proximity to firearms.


His wife owns them (prob his kids now) - and he can't touch/use them or the ammo. They also have to be locked away 100% of the time from him (i.e, safe with key/combo not available to him).

Remember also that G. Gordon Liddy is a bright lawyer with quite a few points of IQ above most folks. What he might remotely be able to do ain't what you should do.

Also , his Fed felony/-ies haven't been wiped/pardoned as I recall. If they were, it would have happened in the early to mid 1980s at the latest - things ground to a dead stop in 'gunrights rehabilitation' after that.

Noxx
03-21-2011, 4:16 PM
Now, does this help the overly overt law abiders hop back into their swimsuits and get back to the party

Welcome to CalGuns. Around here we don't advocate the commission of felonies, nor do we make a habit of mocking those who would prefer to adhere to the law, even pointless, unpopular laws.

Save flaunting your lack of social grace for 4chan.

77bawls
03-21-2011, 7:01 PM
There's always black powder and bows.

6172crew
03-21-2011, 7:12 PM
The DOJ watches this website and won't have any problem quoting members who admit to breaking the law. This website is a great place for finding truth, we can't have bad or illegal information posted here without correction.

Don't take it personally.

winnre
03-21-2011, 7:48 PM
Isn't Montana trying to do that no background check bit for their own guns kept inside the state? No serial numbers, no waiting period, etc. How is that going?

imtheomegaman
03-21-2011, 8:49 PM
so why the heck did my post disappear?

Andy Taylor
03-22-2011, 8:29 AM
Two Pardons.
One from CA Gov and one from POTUS. Neither is likely.

Kharn
03-22-2011, 8:45 AM
Reincarnation would be his best bet in today's political climate...