QUESTION
When the probation time already passed, do I still have the chance to own a firearm?
Asked on Sep 25th, 2013 on Criminal Law - Wisconsin
More details to this question:
I was recently looking into buying a firearm, or a couple just to have and to learn to shoot. I was also recently convicted of a felony for using a roommates debit card (with permission, but had no other proof than her pin number that was given to me by her, and was still told that it proves nothing.), and am about to be sentenced to some probation time under a cobs agreement. It would seem silly to think that a non-violent crime such as this would stop me from ever owning any kind of weapon. Especially with the escalating state of things in this world, and the fact that it would deny me the chance to defend myself, my wife, or my soon to be born baby boy, should something ever arise. Is there hope for this at all?
5 ANSWERS
Michael J. Breczinski
You are going to have to wait several years after you are off probation before you even think about getting your gun rights back.
Answered on Oct 01st, 2013 at 4:49 AM
Thomas Edward Gates
After your probation, generally you must 5 years from that date to petition the court for your civil rights back. You can find the requirements to so on line.
Answered on Sep 26th, 2013 at 9:45 PM
Any person who (a) has been convicted of a felony under the laws of the United States, the State of California, or any other state, government, or country, or (b) is addicted to any narcotic drug may not own or have in his or her possession, custody, or control any firearm. (Penal Code 12021(a).) It is unlawful for any person who is prohibited from possessing firearms, to possess ammunition. (Penal Code 12316(b).) A felony conviction refers to a conviction of an offense that can only result in felony punishment under California law, or any sentence to a federal correctional facility for more than 30 days, or a fine of more than $1,000, or both. (Penal Code 12021(f).)
Answered on Sep 26th, 2013 at 9:45 PM
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A felony conviction of any kind precludes you from owning or possessing a firearm. Depending on whether the felony is "specified" or "non-specified" as defined in MCL 750.224f will determine how long you have to wait to have that right restored and the procedures for having it restored. If your rights have not been restored and you are found to be in possession of a firearm, you are subject to felony charges.
Answered on Sep 26th, 2013 at 9:41 PM
No, not without a pardon, and in WI, Governor Walker is not issuing any. The state and federal bans on firearm possession by felons are lifetime prohibitions, and Congress de-funded the provisions in the federal law allowing prohibited persons to apply to the BATFE for restoration of their firearms rights decades ago.
Answered on Sep 26th, 2013 at 9:40 PM