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Old 03-05-2017, 01:17 AM
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Nickel Timer Nickel Timer is offline
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Yes, David's information echoes the general consensus I've received from several local attorneys as well when I was inquiring into this matter for my own purposes.

For state felonies, so long as the state of conviction restores your civil rights completely, you are cleared of your firearm disability for all intents and purposes and even the Feds will honor it (cleared for NICS background checks and everything). Some states automatically restore your gun rights once you get your other civil rights restored (right to vote, sit on jury, etc.) for non-violent felons upon total completion of their sentence, off-paper, no longer on probation/parole, but require special procedure or hoops to jump through to apply for relief for more serious felony convictions, such as appealing to the governor or parole board (which moonlights as pardon board in some states).

For federal felons:

Although Federal law provides a means for the relief of firearms disabilities, since October 1992, ATF’s annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.

Therefore, the only avenue for relief currently available for federal felons is via presidential pardon.

Also, be careful with even black powder weapons. Even though federal law may have no problem with it, quite a few states define a "firearm" as anything capable of "firing a projectile" or "expelling a missile" or similar such language, which means that you could still be prosecuted in those states even if the Feds won't pick up. Idaho is one of such states that defines firearms more broadly than the Feds do, so be careful.

For me, no bang-bang toys at all until I've got the Pardon Board's written approval. I already tried applying at first eligibility back in 2012, but was denied of course, as they very rarely grant full pardons unless at least a couple decades have passed and you've shown yourself to have been a productive citizen and managed to stay completely out of trouble in that time. But they do have a new procedure now just for restoration of firearms rights (without full pardon) so I may try giving it a shot again once I can scrape up a few thousand bucks to hire a local attorney who specializes in such petitions handle it for me this time around instead of trying it again "pro se" like last time.

It does sound like folks are having better luck where all that is required is the governor to sign off on it, rather than a risk-adverse parole/pardon board.

Last edited by Nickel Timer; 03-05-2017 at 01:46 AM..
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