Is there away a felon gets gun rights back?

[vontar]

I don't wan to open a major can of worms here.

 

In short, I have a co worker that I found out is a felon.  It seems over 25 years ago, He got a felony marijuana possession charge.  I believe it was here in TN, but I didn't confirm.

He was only given a suspended sentence and didn't serve any time.

I believe it is possible so I told him I would help him at least look into what steps are required to request his voting rights back and to see if there is any ways to request his 2nd amendment rights back.

 

 

Little background on this guy, since then he has been clean, no other issues with the law.

He even did some contract work for the US Military over in Iraq.

He seems to have a good work ethic as well.

 

 

*********

 

well, while writing this and researching at the same time.  I think I answered the first part.

 

 

A TN LAW MAKES IT EASIER FOR PEOPLE WITH FELONY CONVICTIONS TO VOTE

 

Unless you were convicted of certain felonies (see below), your right to vote can be restored when:

• Your sentence is complete.
• You have finished your probation and parole.
• You have paid all court-ordered restitution and court costs.
• You are current on court-ordered child support.
• You obtain and file a Certificate of Restoration and Voter Registration form (see “How to Register to Vote” below)

 

https://www.aclu.org/voting-rights/know-your-voting-rights-tennessee-text-only#felony

 

 

********

 

so now, research for the gun rights will continue.  He said he really wants to be able to vote.  He said gun rights back would just be the icing on the cake so he could go hunting.

Maybe a "restoration of rights"?

 

He did say, if it involves a lawyer and allot of money, he would have to wait probably a year but is still interested.

[Sam1]

I think Chip works in this arena, he would be the guy to ask and get a definitive answer.

 

Just from my feeble mind though... can't the guy get that expunged?  I would think if that happens he would then be able to.

[DaveTN]

I gave a friend of mine the name of a good gun lawyer. He paid a big retainer and after a few days the attorney told him he couldn’t get his gun rights back with drug charges. He kept a good chunk of the retainer.

There is (or was) a case going through the Tennessee courts of an Alabama or Georgia guy that had a pardon from the Governor of the state that convicted him; Tennessee still recognizes him as a convicted felon. But I don’t know what happened with the case; if anything yet.

The story I heard was drugs or violence and you don’t get your gun rights back in this state.

Expungement doesn’t mean the record is gone. But it’s about the only option he can try.

[Sam1]

oh, I thought expungement meant the entire slate was wiped clean and everything is kosher again... my only advice is to not take legal advice from me :)

[TripleDigitRide]

I would say no, but I'm not a lawyer.

[Mike A]

Here's a potentially helpful link for your friend:  http://www.hollinslegal.com/articles/stick-to-your-guns-restoration-of-tennessee/

 

While I certainly place great value in the ability to vote,the take away your friend should get from this article is that he needs to get an attorney who is THOROUGHLY VERSED  in the "restoration of gun rights."   Not that the OP had any intentions of offering advice to the contrary, but this is ABSOLUTELY, POSITIVELY not one of those situations where you can copy some document off the interwebs and do-it-yourself.

 

Just so no to the federal pen.

[TnShooter83]

you may read here: http://www.hollinslegal.com/wp-content/uploads/2012/05/pc1103.pdf

 

It looks like he would need to have been charged with a Class E Felony and then the charge has to fall with in

the requirements.

[Superman]

I cant help except to say he can still go hunting with a bow or muzzleloader

[midtennchip]

The expungement statute gives some hope to certain felons, but drug offenses do not qualify. The key to the new expungement statute is that it restores the person to the same status as before the arrest and conviction. Prior to that statute, the Tennessee AG opinion (and the case law following it) was that Tennessee law prohibited persons who had "been convicted of a felony." It doesn't say a "felon." What difference does it make? A pardon (even a Presidential pardon) does not erase the fact that a person has previously been convicted. So, Tennessee did not really allow full restoration of rights the way many other states did. Now, with certain listed felonies, it is at least possible. I just doubt it would help your friend. Edited February 1, 2014 by midtennchip

[TnShooter83]

I cant help except to say he can still go hunting with a bow or muzzleloader

 

I don't think he can use a muzzleloader per TENNESSEE LAW.

 

39-17-1307.  Unlawful carrying or possession of a weapon.


 (1) A person commits an offense who unlawfully possesses a firearm, as defined in § 39-11-106, and:

      (A) Has been convicted of a felony involving the use or attempted use of force, violence, or a deadly weapon; or

     (B) Has been convicted of a felony drug offense.

 

39-11-106:

 

(11) "Firearm" means any weapon designed, made or adapted to expel a projectile by the action of an explosive or any device readily convertible to that use;

Edited February 1, 2014 by TnShooter83

[TnShooter83]

I have no idea why there is a smiley face guy in there?

[Oh Shoot]

I have no idea why there is a smiley face guy in there?

 

Letter b with ) makes B) with the BB code onsite.

c in parentheses makes (C)

 

(You have to edit and add some spaces if you want to fix it. You can turn BB code off in a post, but it seems to show right back up when someone quotes it.)

 

- OS

Edited February 1, 2014 by Oh Shoot

[vontar]

I gave a friend of mine the name of a good gun lawyer. He paid a big retainer and after a few days the attorney told him he couldn’t get his gun rights back with drug charges. He kept a good chunk of the retainer.

There is (or was) a case going through the Tennessee courts of an Alabama or Georgia guy that had a pardon from the Governor of the state that convicted him; Tennessee still recognizes him as a convicted felon. But I don’t know what happened with the case; if anything yet.

The story I heard was drugs or violence and you don’t get your gun rights back in this state.

Expungement doesn’t mean the record is gone. But it’s about the only option he can try.

 

Yup, that was in the back of my mind.

 

 

Some of the other posts as well are covering the areas I was thinking.  Yes, I assumed he would need a good lawyer when he is ready.  It looks like there is certainly a chance of him getting his voting back.  The gun rights are more iffy.

I am going to share this info with him.

[vontar]

Looks like it is still a battle in TN courts.

 

http://www.tncourts.gov/courts/court-appeals/opinions/2013/06/28/david-scott-blackwell-v-bill-haslam-governor-state

 

Seems Blackwell won first round and the state appealed. 

Seems like they are playing dirty pool.  I guess I though appeals are what some found guilty or at fault filled for a second chance in court.  I guess I am having trouble finding the correct words for what I am trying to say tonight.

[Guest theconstitutionrocks]

While slightly off topic, isn't it ironic that in places like CT and NY you become a felon for exercising your constitutional rights while, at the same time, those violating 18 USC sect 241 & 242 (and committing a felony in the process) are hailed as upholding the law, and walk scot free with no charges whatsoever?

[Guest theconstitutionrocks]

While slightly off topic, isn't it ironic that in places like CT and NY you become a felon for exercising your constitutional rights while, at the same time, those violating 18 USC sect 241 & 242 (and committing a felony in the process) are hailed as upholding the law, and walk scot free with no charges whatsoever?

Well...actually you don't because unconstitutional laws can't be legally enforced....but I digress

[DaveTN]

Looks like it is still a battle in TN courts.
 
Seems Blackwell won first round and the state appealed. 

Seems like they are playing dirty pool.  I guess I though appeals are what some found guilty or at fault filled for a second chance in court.  I guess I am having trouble finding the correct words for what I am trying to say tonight.

I don’t think I would call them a “second chance” for the person convicted because they are generally just on points of law. However, that may give the person a new trial. In this case though it’s not about a conviction, instead it’s an argument about whether or not Tennessee is required (by state law or by either the Tennessee State Constitution or the U.S. Constitution) to restore his gun rights.
 

However, Tennessee public policy proscribes the restoration of firearm rights for a convicted violent drug felon, contrary to Georgia’s public policy allowing the restoration of firearm rights for all felons, violent or not. This Tennessee policy implicates public safety so as to warrant application of the public-policy exception to the Full Faith and Credit Clause under the appropriate circumstances. Therefore, we vacate the trial court’s grant of judgment on the pleadings and remand for further proceedings consistent with this opinion.

 
I did some checking and it appears this will stand; The Tennessee State Supreme Court has refused to hear his case.(10-16-13)

[analog_kidd]

A friend of mine had a felony conviction for theft some 15 or so years ago. He hadn't actually stole it, but held the loot after the robbery and they all went to jail. They just recently petitioned the judge to expunge the record, and he did. Right after the expungement, my friend decided to get his HCP. I was skeptical that he would actually get it, but he did.

 

He did not hire a lawyer, he just wrote a few letters to the judge and made a few calls. I think it was totally up to the judge in this case.

Edited February 1, 2014 by analog_kidd

[DaveTN]

A friend of mine had a felony conviction for theft some 15 or so years ago. He hadn't actually stole it, but held the loot after the robbery and they all went to jail. They just recently petitioned the judge to expunge the record, and he did. Right after the expungement, my friend decided to get his HCP. I was skeptical that he would actually get it, but he did.
 
He did not hire a lawyer, he just wrote a few letters to the judge and made a few calls. I think it was totally up to the judge in this case.

Was it Robbery or burglary/theft? Robbery is an act of violence by definition.

[analog_kidd]

Was it Robbery or burglary/theft? Robbery is an act of violence by definition.

 

Not sure of all the details. I think his friend stole a bunch of stuff from a hotel they worked at.

[DaveTN]

Not sure of all the details. I think his friend stole a bunch of stuff from a hotel they worked at.

That’s felony theft. It doesn’t involve drugs or violence so he got an expungement and got his gun rights back.

[Dustbuster]

Run for an elected position.....


Sent from my iPhone using Tapatalk 2 of course it ate my spelling.

[JohnC]

Might want to ask Larry Hagar.

 

http://lawyerlarryhagar.com/

[JohnC]

Asked Larry.

 

He said:

 

 

He can restore voting rights but since gun laws are federal he cannot buy a gun.

 

He could look under new expungement law in Tennessee. Some felony drug charges are expugnable if they go 5 years without new arrest. Very limited though.

There was a stir years ago about a guy who got pardoned by the governor in Tennessee and whether it restored his right to have a gun. I do not remember outcome. Might be on internet somewhere.

Larry