Right to own Reinstatement

[rab]

My brother had his rights to own a fire arm removed about 20 years ago for a feloney. He now would like to own a shotgun an rifle. What is the process to be restated for his ownership rights

Thanks

[TGO David]

It would require a gubernatorial pardon. I seem to remember something coming out of Nashville within the past year or two (perhaps from the AG) saying that restoration of firearms ownership pretty much was not a possibility, for whatever reason.

I know that's vague but I honestly can't remember the specifics. Maybe one of our resident legal beagles will chime in.

[Mike.357]

What is the process to be restated for his ownership rights

I don't know the process but I imagine hiring a top notch attorney is in order. The lawyer will be able to advise on how to do it. If it is even possible.

[Fallguy]

Apparently the problem would be federal law, not TN law.

From http://www.tngunowners.com/forums/newsworthy-reports/29127-tennessee-attorney-general-pardoned-drug-felons-cant-buy-handguns.html

It may be ok under state law but it is not under federal law, even if they've been pardoned. Federal law basically says that, a pardon or restoration notwithstanding, if the state places any limitation on the felon's right to guns then it is illegal for them to have a gun--any gun at all whether a handgun or a shotgun or a rifle. Here in Tennessee all felons are limited in that they cannot possess a handgun. At that point federal law kicks in and says that felons can't have any guns period (under federal not state law) even if they've been restored.

It used to be under Tennessee law that only drug and violent crime felons were limited, and that other classes of felons (like white collar and such) could own rifles and shotguns after restoration. But the law now limits all felons so again, the federal law applies.

May also want to see this thread http://www.tngunowners.com/forums/newsworthy-reports/13130-atf-legal-analysis-tennessees-july-2008-amendment-gunlaw-restoration-rights.html

Edited March 1, 2010 by Fallguy

[Guest jackdm3]

The last I heard, no one in his home can own either.

[Oh Shoot]

The last I heard, no one in his home can own either.

I dunno, G. Gordon Liddy has publicly crowed about his WIFE owning all the guns in the family.

- OS

[TNRobocop]

Sorry but if you do something serious enough to be convicted of a felony, especially as an adult (not as a stupid juvie), you do not need to ever own guns.

Play stupid games, win stupid prizes. Sometimes for a lifetime.

[TGO David]

Sorry but if you do something serious enough to be convicted of a felony, especially as an adult (not as a stupid juvie), you do not need to ever own guns.

Play stupid games, win stupid prizes. Sometimes for a lifetime.

That's a pretty narrow-minded statement. What about white collar crimes? I believe that once a person has paid their debt to society, their rights should be reinstated. I guess you believe that once a person makes a mistake, they should be punished for the remainder of their natural life.

Pray you never slip up.

[Guest bkelm18]

That's a pretty narrow-minded statement. What about white collar crimes? I believe that once a person has paid their debt to society, their rights should be reinstated. I guess you believe that once a person makes a mistake, they should be punished for the remainder of their natural life.

Pray you never slip up.

So you're saying that some felonies are unavoidable? White collar or not, they chose to commit a crime. If they can't handle the consequences, well tough nuggets. They should have thought of that before committing the felony.

[Smith]

That's a pretty narrow-minded statement. What about white collar crimes? I believe that once a person has paid their debt to society, their rights should be reinstated. I guess you believe that once a person makes a mistake, they should be punished for the remainder of their natural life.

Pray you never slip up.

So you're saying that some felonies are unavoidable? White collar or not, they chose to commit a crime. If they can't handle the consequences, well tough nuggets. They should have thought of that before committing the felony.

This is one of those things I kinda agree with both. I have seen people from each circumstance. I think I lean more to the no felons as opposed to certain ones being OK. Part of the problem is the folks with felonies who shouldn't have their rights reinstated shouldn't be out of jail IMO. I figure if you are let out of jail it should be because your recidivism rate is extremely low. If the punishment doesn't correct or eliminate,what's the point? I guess it's a case where a leaky systems causes all sort of problems.

[Guest clownsdd]

Here again common sense by our gubment is not a recognizable virtue. Violent crimes should not be restored. Others on an individual basis.

JMHO

[jughead]

this old man is going to side with TGO David. i have read just enough to realize that it is all too easy to commit a felony. one step across some state lines with ones legal firearm and one can become a felon. some of them are so simple it is pathetic. NO i am not a felon but the rules need to be changed.

[Guest bkelm18]

Here again common sense by our gubment is not a recognizable virtue. Violent crimes should not be restored. Others on an individual basis.

JMHO

Yes there should be a process for non-violent felonies. However it should be a case by case basis. I'm not against prior non-violent felons being able to legally own a firearm, but they would need to work for it.

[Guest bkelm18]

this old man is going to side with TGO David. i have read just enough to realize that it is all too easy to commit a felony. one step across some state lines with ones legal firearm and one can become a felon. some of them are so simple it is pathetic. NO i am not a felon but the rules need to be changed.

I understand where you guys are coming from, but ignorance of the law can't be an excuse. If you take on the responsibility to own a gun, you should take on the responsibility of ensuring you are always within the law, or at least know the law if you choose to skirt it. I will freely admit I do not and probably never will know every law out there that can result in a felony conviction, but if I'm going to do something that I feel might be a risk of that, I will certainly look into it. Yes, we have thousands of useless and infringing laws out there, but that's life now. That isn't going to change anytime soon, if ever. Just my opinion.

[DaveTN]

The first step is to get a lawyer.

A friend of mine wanted to do this. I didn’t personally know any Attorneys in Tennessee that work in this area, so I recommended he call John Harris. He talked to Harris on the phone and then paid him a retainer.

Later, Harris told him that the problem was the state of Tennessee. He said that even with an expungement the state of Tennessee will not restore gun rights if the conviction was drug related or a violent felony.

My friend’s conviction was for a drug possession charge 25 years ago. It was the only time he was ever arrested and he has not been in any trouble since. But that doesn’t matter. Yes, he did his time and has never been a problem since, but that mistake will stay with him as long as he lives in Tennessee.

It’s tough to argue for convicted felons; no one wants to hear it and I seriously doubt any politician would support it.

DUI and Domestic Violence are two misdemeanors I can think of that stay with a person for life.

Edited March 1, 2010 by DaveTN

[CrazyRay]

Sorry but if you do something serious enough to be convicted of a felony, especially as an adult (not as a stupid juvie), you do not need to ever own guns.

Play stupid games, win stupid prizes. Sometimes for a lifetime.

What ever happened to "do your time"?

I personally think it's absurd that we continue to punish people after they have supposedly served their time as the state deemed necessary based on the crime they committed.

[Guest coldblackwind]

Sorry but if you do something serious enough to be convicted of a felony, especially as an adult (not as a stupid juvie), you do not need to ever own guns.

Play stupid games, win stupid prizes. Sometimes for a lifetime.

Personally, I know a 2 guys who can't own guns. One bounced a check, and got a felony out of it, the other missed a child support payment and got a felony out of it. Neither was a violent crime, neither was even intentional, and both boiled down to someone pushing something relatively minor well beyond where it ever should have gone, and I'd trust either of them with guns far more than a lot of the people I know who can legally own them.

[Guest Patty]

Sorry but if you do something serious enough to be convicted of a felony, especially as an adult (not as a stupid juvie), you do not need to ever own guns.

Play stupid games, win stupid prizes. Sometimes for a lifetime.

Thats the way I see it also.

[Guest jackdm3]

The "West Memphis Three" (teen outcasts in a hick town) were sent away for life for a witch hunt when three little buys were found dead. Zero evidence turned them into felons and if they get out, they'll need all the protection they can get.

Also, the prosecutor said The 3 have failed to show/prove their innocence, yet he has failed to show their guilt. "Innocent until proven guilty"? Not in AR.

Edited March 1, 2010 by jackdm3

[oldogy]

------I will freely admit I do not and probably never will know every law out there that can result in a felony conviction, but if I'm going to do something that I feel might be a risk of that, I will certainly look into it. Yes, we have thousands of useless and infringing laws out there, but that's life now. That isn't going to change anytime soon, if ever. Just my opinion.

Yeah, I have to agree %100 on this. I venture there is not a one of us who is now squeaky clean, who tries to know and obey all gun laws, who at one time or another has unknowingly committed a law infraction that would have meant a felony conviction.

And each case for the restoration of ones rights should be evaluated separately..........by a common sense court, if there is a thing.

oldogy

Edited March 1, 2010 by oldogy

[leroy]

Yes there should be a process for non-violent felonies. However it should be a case by case basis. I'm not against prior non-violent felons being able to legally own a firearm, but they would need to work for it.

Years ago there was a process for Federal non-violent felon gun rights reinstatement. I suspect there are problems (..as others have posted...) for the State of Tennessee reinstatement.

Leroy

[sigmtnman]

I think lots of folks missed TGO David's point. Currently white collar felons are allowed to own guns after serving their time. CEOs and political types see... The rest of the felons get the stinkfist... In a country where 40k new laws were enacted just this January, we are all probably felons for violating laws we don't even know exist.

[TNRobocop]

That's a pretty narrow-minded statement. What about white collar crimes? I believe that once a person has paid their debt to society, their rights should be reinstated. I guess you believe that once a person makes a mistake, they should be punished for the remainder of their natural life.

Pray you never slip up.

Have you ever truly looked at the criminal justice system from a detailed perspective. I have for the last 13 years, both civilian and military law.

It is common sense for the most part. You know if you are committing a crime. It's easy to know that you are, let alone a felony. Granted most people do NOT have common sense it seems.

The acts needed to commit a felony are pretty easy to see. Most midemeanors are the same way. Blue collar or white collar shouldn't matter. Punishment should be the same.

You usually do not lose rights on misdemeanors, except for domestics for the most part and some drug offenses and DUI. All of which you know you are committing.

Being so open minded your brain falls out is ignorant.

[rab]

The reason of my brother feloney was he had too much pot that he grew . He pay his fines and did three years. Now he has retired from a job of 27 years. He doesn't want anything special just to be able to get out and hunt and have a gun in his home without breaking the law.

[Chucktshoes]

My best friend is going through this right now. In his teens he did a lot of drugs. And like most addicts went into business in "Urban Pharmaceutical Distribution" to support his habit. LEO had their eye on him and waited until he turned 18 to make an arrest (about a month after his b-day). Diversion was denied by the judge and he served 9 months of a 3 year sentence.

More than 10 years later he is trying to get his rights reinstated. Not looking good. Crazy thing is he is an IT security auditor for banks. He can be trusted to hack into banks and do physical vulnerability assessments, but can't own a gun, pure silliness.

Once you have paid your debt, you should be granted your full citizenship rights back. If you can't trust them to be out on the street, don't let them out in the first place. Don't mistake me for some bleeding heart, soft on crime type. I am all for eliminating parole mixed with longer sentences in less hospitable accommodations, but when the sentence is over the debt should be stamped "paid in full".