QUESTION
How can a person with a non violent felony protect his family if can't bear arms?
Asked on Mar 07th, 2012 on Criminal Law - Oregon
23 ANSWERS
You can petition the court to have your firearm rights restored 5 years after completing all conditions of a sentence in a class C felony, 10 years for a class B. See: RCW 9.41.040(4)(b).
Answered on May 07th, 2012 at 3:56 PM
Jacob P. Sartz
By utilizing alternative means of protection such as calling the police or bringing in a guard dog, or something to that effect.
Answered on Apr 17th, 2012 at 2:03 PM
You may have to wait a period of time before your rights are automatically restored, however, in some states, you may have to visit the county gun board and apply to have your rights restored.
Answered on Mar 13th, 2012 at 8:35 AM
Since the recent US Supreme court opinions regarding the second amendment, there has been a fury of litigation regarding questions just like this. Think Martha Stewart, a felon because she lied to a federal agent about monetary transactions. There are cases being litigated now. If you are interested in possibly pursuing litigation of this sort you should speak to a Second Amendment Attorney.
Answered on Mar 12th, 2012 at 2:37 PM
Michael J. Breczinski
See an attorney with your record. In Michigan for some types of convictions you rights to have firearms are automatically restored after a period of time. In others you have to apply to the county gun board to get them back. An attorney will be able to help you figure out waht needs to be done; but he will need to know your record and how long you have ben completly done with probation or jail or prison.
Answered on Mar 09th, 2012 at 2:48 PM
3 Awards
I agree, but it's the law. That's why you never plead to a felony.
Answered on Mar 09th, 2012 at 5:15 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Any felony conviction results in lifetime ban on possessing firearms. I dont have any useful suggestions other than to consider the safety issues of where you live and visit. Firearms are the only effective defensive tool against criminals. Knives, clubs, pepper spray, are all far less effective and carry high risk, since you have to allow the other person to get close to use them.
Answered on Mar 08th, 2012 at 11:44 PM
If you have a felony conviction of any kind, you forfeit your right to own or possess a firearm. Simple is that. You shouldn't even have a gun in your home even if it is owned by someone else.
Answered on Mar 08th, 2012 at 10:12 PM
Daniel Kieth Martin
make sure your doors are locked when home, keep a baseball bat and cell phone handy. There are millions of American's who do not own a gun, the vast majority of them have no problem with protecting their family. Those that do own a gun are more likely to hurt their family or suffer an accident as the result of an unintentional misfire, than use the gun to protect their family. I am a supporter of gun rights so please do not assume that my answer is biased, it is just the truth.
Answered on Mar 08th, 2012 at 10:09 PM
Do what everyone else in other countries have to do: use a bat, your hands.
Answered on Mar 08th, 2012 at 9:33 PM
Theodore W. Robinson
Protection is what the police department is there for. What you are really speaking of is you want to own a gun/rifle or shotgun, isn't that true? If so, you lost that right after being convicted of a felony. What you really want to know is whether there is something that can be done so you can own a weapon. The answer to that is yes, you can, but only after you have obtained a Certificate of Relief from Civil Disabilities which is issued by the Court that convicted and sentenced you. You may wish to hire an attorney to obtain one for you as it can sometimes be difficult to obtain.
Answered on Mar 08th, 2012 at 7:05 PM
2 Awards
You should call the police.
Answered on Mar 08th, 2012 at 4:44 PM
Bruce Arthur Plesser
You can try and have the felony expunged. The state can make those rules and if they pass constitutional muster, you're out of luck.
Answered on Mar 08th, 2012 at 4:29 PM
Chapter 7 Bankruptcy Attorney serving Clinton, MS
at
Timothy Kevin Byrne Attorney at Law
Update Your Profile
You may be able to expunge the felony. A few felonies are able to be expunged. Otherwise, apply for a pardon fron the governor or seek a restoration of your civil rights through the state legislative body.
Answered on Mar 08th, 2012 at 4:25 PM
2 Awards
Get your rights restored and you can own a firearm otherwise you cannot.
Answered on Mar 08th, 2012 at 4:22 PM
Criminal Defense Attorney serving Mandeville, LA
at
Ross Scaccia, Attorney at Law
Update Your Profile
Just be cautious.... there are a lot of non felony people without guns.
Answered on Mar 08th, 2012 at 4:22 PM
Criminal Defense Attorney serving Philadelphia, PA
Partner at
O'Hanlon Law Firm, P.C.
Call the police if there's an incident. The majority of Americans don't have guns and get along just fine.
Answered on Mar 08th, 2012 at 4:19 PM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
It sounds like, as a result of your felony conviction, you are prohibited from having any firearms. Your only option is to petition the court to have that right restored. This is a convoluted process: essentially you must be 5 years passed the time you completed your court obligations and were released from probation. If you believe this to be the case, you may be eligible. I suggest that you consult with an attorney.
Answered on Mar 08th, 2012 at 4:13 PM
Criminal Defense Attorney serving New Orleans, LA
4 Awards
The follow 2 questions immediately jump out at me (1) what exactly is your non-violent conviction; and (2) when did you complete your sentence. Under Louisiana state law, only conviction of following felonies preclude you from a possessing a firearm: A of a crime of violence as defined in R.S. 14:2(B) which is a felony or simple burglary, burglary of a pharmacy, burglary of an inhabited dwelling, unauthorized entry of an inhabited dwelling, felony illegal use of weapons or dangerous instrumentalities, manufacture or possession of a delayed action incendiary device, manufacture or possession of a bomb, or possession of a firearm while in the possession of or during the sale or distribution of a controlled dangerous substance, or any violation of the Uniform Controlled Dangerous Substances Law, which is a felony, or any crime which is defined as a sex offense in 15:541, or any crime defined as an attempt to commit one of the above-enumerated offenses under the laws of this state, or who has been convicted under the laws of any other state or of the United States or of any foreign government or country of a crime which, if committed in this state, would be one of the above-enumerated crimes. Then, even if you were convicted of one of those felonies, that conviction only preclude you from possession a firearm for ten years from the completion of your sentence. Before I know the answer of the two foregoing questions, I really can't give you an exact answer to your question.
Answered on Mar 08th, 2012 at 3:24 PM
Car Accidents Attorney serving Milwaukee, WI
at
Velez, Moreno & Vargas, LLC
Update Your Profile
You can protect your family. You just can't protect your family with a firearm.
Answered on Mar 08th, 2012 at 3:24 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
1. Lock your doors 2. Get automatic sensor lights 3. Put your interior lights on a timer 4. Alarm your car 5. Alarm your home 6. Lock your windows 7. Learn martial arts 8. Put a phone in every room of the home 9. Have a cell phone 10. Purchase a trained guard dog 11. Educate your children on the dangers of talking to strangers 12. Do not keep valuables in the home 13. Have an escape route out of the house 14. Do routine fire drills 15. Get to know your neighbors 16. Report suspicious activity immediately to the police 17. Form a neighborhood watch 18. Purchase other non-prohibited weapons 19. When you go away, have someone take in your mail / papers 20. Fence your property
Answered on Mar 08th, 2012 at 3:23 PM
Gregory Graf
Call the police if your family is threatened.
Answered on Mar 08th, 2012 at 3:17 PM
Depending on the felony, you may be eligible to have your gun rights reinstated. Many attorneys do this, and I have done it for several clients. It generally involves filing a motion and having a hearing, so it's probably not something you can do yourself. If you are interested in restoring your gun rights, I would suggest you speak to an attorney as soon as you can.
Answered on Mar 08th, 2012 at 3:14 PM