QUESTION
Can I legally owned a firearm if I had a felony that was expunged?
Asked on Jun 30th, 2011 on Criminal Law - California
More details to this question:
Can I legally own a firearm if I had a felony expunged in another state, which was theft with a prior?
14 ANSWERS
William Guy Pontrello
If you are not convicted of a felony you may own a gun.
Answered on Jul 04th, 2013 at 2:33 AM
Expungement and restoration of rights - voting and firearm re separate petitions and orders. You still need to seek restoration of firearm rights.
Answered on Jul 04th, 2013 at 2:29 AM
If your felony was dismissed, or is over ten years old, you can. However, you should contact the FBI to have your gun ownership rights officially reinstated.
Answered on Jul 05th, 2011 at 11:12 AM
Criminal Defense Attorney serving Temecula, CA
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Joseph A. Katz Attorney at Law PLC
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California Penal Code section 12021 prohibits anyone convicted of a felony in any state from owning a firearm in California. There are limited ways to regain your right to possess a firearm. You mustapply for a Certificate of Rehabilitation or a Governor's Pardon. You should research the requirements in the State in which you were convicted. You might be able to find some relief if you are able to get the original prior reduced to a misdemeanor.
Answered on Jul 05th, 2011 at 11:11 AM
The expungment does not keep The government from getting your record. You cannot own a gun.
Answered on Jul 05th, 2011 at 10:36 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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In short, yes. How you get there is another concern. There is a statute that concerns prior felony convictions and gun ownership. You would need to comply with that statute to own a gun. The expungement may, or may not affect your ability to own a gun. The expungement statute and the felon owning a gun statute would need to be compared to see what affect they have on each other. Since the ownership statute would provide a right to own a gun, proceeding under that statute, regardless of the inter-relationship of the expungement would be the most sure choice. I would suggest that you retain an attorney to perform a review and give an opinion on the correct way to proceed.
Answered on Jul 05th, 2011 at 10:28 AM
If you have no felony record, an expungement would remove the record, you could own a gun.
Answered on Jul 05th, 2011 at 10:26 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You can possess a firearm as long as you have served and/or completed all prison time and/or probation or parole and all fines, costs, and conditions associated with the felony has been taken care of. There is also a waiting period until a convicted felon can possess a firearm it's either three years or five years depending on what type of felony you were convicted of. See MCL 750.224f for a more complete understanding.
Answered on Jul 05th, 2011 at 9:29 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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This is a gray area in law. Under NH law yes no problem you can own gun, under federal law, a potential problem as feds do not permit annulments. So my opinion is yes but you could still end up being charged, a jury trial is costly but I believe you would win.
Answered on Jul 05th, 2011 at 9:28 AM
DUI & DWI Attorney serving Portland, OR
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Castleberry & Elison, P.C.
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Under Oregon law, with some limited exceptions, it is a crime for any person who has been convicted of a felony to possess a firearm. ORS 166.270(1). However, the prohibition against possessing a firearm does not apply to a person who has had their felony record expunged under the laws of Oregon or equivalent laws of another jurisdiction. ORS 166.270(4)(b). Therefore, if you have had your felony record property expunged, you cannot be prosecuted for the crime of Felon in Possession of a Firearm under ORS 166.270(1). Keep in mind that this analysis is limited to whether a person with an expunged felony conviction is subject to criminal penalties under the Felon in Possession statute. There may be other provision of State or Federal law that could potentially prevent you from owning a firearm depending on your individual circumstances.
Answered on Jul 01st, 2011 at 5:21 PM
Criminal Law Attorney serving Orlando, FL
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As long as you are not a convicted felon or have an injunction against you then you can.
Answered on Jul 01st, 2011 at 5:21 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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No. You will need a certificate of rehabilitation to get that right back.
Answered on Jul 01st, 2011 at 5:02 PM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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Yes. Although you may need to apply to Superior court for restoration of gun rights.
Answered on Jul 01st, 2011 at 5:01 PM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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No you cannot. You must obtain a certificate of rehabilitation and a Governor's Pardon in order to possess a firearm (unless the underlying crime involved a weapon. If it did, you would never be allowed to possess a firearm).
Answered on Jul 01st, 2011 at 5:00 PM