QUESTION
If I was convicted of a felony drug charge but it will be reduced to a misdemeanor will I get my gun rights back?
Asked on Oct 15th, 2012 on Criminal Law - Colorado
More details to this question:
I was convicted of a felony drug charge, but it will be reduced to a misdemeanor. I want to know if I will get my full gun rights back. Thank you.
9 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
It depends entirely upon the judge's sentencing order. Look at that.
Answered on Oct 18th, 2012 at 7:24 AM
Michael J. Breczinski
Maybe this depends on the State. Also while on any probation there will be no guns.
Answered on Oct 18th, 2012 at 7:14 AM
John J. Carney
You are only ineligible to get a gun permit if you are a convicted felon. A misdemeanor conviction will not automatically prevent you from owning a gun.
Answered on Oct 18th, 2012 at 6:51 AM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
Update Your Profile
If it is reduced to a misdemeanor, the court should make a ruling stating that it is reinstating your gun rights. There is a case that indicates that if the court does not make this determination at the time of reduction, you are still considered a convicted felon in terms of gun rights.
Answered on Oct 16th, 2012 at 5:03 PM
Michael Paul Vollandt
Not your guns but most other rights like voting.
Answered on Oct 16th, 2012 at 5:02 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
If you were convicted of a felony, it cannot later be reduced to a misdemeanor. It is a 2nd degree felony for a convicted felon to have possession of a firearm. And there is a 3 year minimum mandatory prison sentence for this crime. Do not think that you can get a felony conviction reduced to a misdemeanor conviction after the fact.
Answered on Oct 16th, 2012 at 5:02 PM
General Liability Attorney serving Harrisburg, PA
at
Abom & Kutulakis, L.L.P.
Update Your Profile
You are describing something that is not consistent. You may have been charged with a felony and convicted of a misdemeanor. However, you were not convicted of a felony and then had it reduced to a misdemeanor. A felony conviction is a complete bar to gun ownership. A misdemeanor conviction may operate to bar gun ownership under federal law. You should consult an attorney.
Answered on Oct 16th, 2012 at 5:01 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Need details, but quite possibly. Call an attorney with details and for an opinion you may rely upon.
Answered on Oct 16th, 2012 at 5:01 PM
3 Awards
once you are no longer convicted of a felony, you can have a gun
Answered on Oct 16th, 2012 at 5:00 PM