QUESTION
If I was convicted for aggravated battery in 1997 and served my sentence, can I now possess a firearm?
Asked on Nov 24th, 2012 on Criminal Law - Colorado
More details to this question:
In 1997 I was convicted of aggravated assault and released on a post trial diversion, then in 2001 was arrested for a technical violation of probation for absconding. I was then sentenced to five years in prison, in which I flattened my sentence in three and one half years without parole, discharged. I was wondering if my civil rights can be restored and what I need to do to own a registered firearm for home protection and recreational hunting.
7 ANSWERS
John J. Carney
If you are a convicted felon then you cannot possess a gun. You will not get a gun permit and if you possess a gun you will be charged with a felony and get a prison sentence.
Answered on Dec 04th, 2012 at 5:41 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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If you were convicted of a felony, then you are still a felon and cannot own or possess any firearms.
Answered on Nov 28th, 2012 at 6:38 AM
Michael J. Breczinski
You have to talk to an attorney in your State since each State has it's own requirement for getting your gun rights restored.
Answered on Nov 28th, 2012 at 6:38 AM
Thomas Edward Gates
If you loss your right to carry a firearm, you need to petition the court for the right to do so.
Answered on Nov 26th, 2012 at 5:42 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Consult with an attorney in your area. In Florida you cannot apply until 8 years after completion of the entire sentence.
Answered on Nov 26th, 2012 at 5:41 PM
Criminal Defense Attorney serving Huntington Beach, CA
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Law Offices of James Elliot McIntosh
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You would have to obtain a pardon. You can apply for a certificate of rehabilitation. Penal Code 4852 et. seq. If granted, the governor of California then considers whether to grant you a pardon. ? If the pardon is granted, the governor decides whether you can have a firearm. Penal Code 4854. If you have a firearm or ammunition while you are a felon, you are subject to prosecution for felon in possession of a firearm.
Answered on Nov 26th, 2012 at 5:37 PM
3 Awards
if you have a felony conviction, you cannot possess a firearm.
Answered on Nov 26th, 2012 at 5:36 PM