Non-Violent Felons Obtaining Reinstatement of RKBA

[Trip20]

Nope, I'm not a felon.  Sorry, no juicy story to tell.

But I do have a friend trying to piece back portions of his life after paying his debt.  We got to talking about him hunting again and the hurdles associated with his loss of RKBA.

I remember reading on TFL or THR that his RKBA can be restored, but there's a process involved.  I told him I'd do some digging to find out more regarding the process to get his rights restored.  I'm just now beginning my research, and I'm hoping some of you might have resources or information to pass on.

Any idea where I should begin my research?  I'm really in the dark on this process and I appreciate any direction you can provide.

Also, can he bow hunt since it's a non-firearm?  Or is a bow classed as a weapon and therefore off limits?

Thanks in advance.

[The Rabbi]

Nope, I'm not a felon.  Sorry, no juicy story to tell.

But I do have a friend trying to piece back portions of his life after paying his debt.  We got to talking about him hunting again and the hurdles associated with his loss of RKBA.

I remember reading on TFL or THR that his RKBA can be restored, but there's a process involved.  I told him I'd do some digging to find out more regarding the process to get his rights restored.  I'm just now beginning my research, and I'm hoping some of you might have resources or information to pass on.

Any idea where I should begin my research?  I'm really in the dark on this process and I appreciate any direction you can provide.

Also, can he bow hunt since it's a non-firearm?  Or is a bow classed as a weapon and therefore off limits?

Thanks in advance.

Have to be done through ATF, depending on what the issues are.  When I queried my friend the deputy director of operations here his response on doing it was "rarely, and with difficulty."
Also you may try whoever approves your transactions, maybe TICS.  Here in TN one would contact TBI.

[El Tejon]

The usual state remedies:

1.  Vacation of the conviction by the state court of appeals or supreme court;

2.  vacation of the conviction by a Post-Conviction Relief Petition, a quasi-civil suit against the state claiming one's civil rights were violated;

3.  Pardon by the Chief Executive of that state;

4.  Sentence modification of his felony.

There are federal remedies available as well.  If he is serious, he should consult with an attorney.  The cost will not be inexpensive.

[AJ Dual]

My understanding is if whatever you do with the state and the courts to wipe the slate clean gets updated into NICS, you're good to go.

However, if there's federal involvment, the ATF/Treasury dept. involved in recording expungments and overturned convictions has been de-funded, so if you need their help to get "straight" you're SOL...

[Trip20]

Thank you all for the responses.  I told him it would be a chore, but I didn't know the outlook would be so glum.

C'est La Vie.

Can anyone shed light on the bow-hunting question?  El Tejon or anyone else with more law smarts than I?

[El Tejon]

Is he on parole or probation?  If so, the terms of his probation may forbid his possession of a bow.

I am unaware of any Wisconsin or federal statute that would forbid possession of bows and arrows.

[Antibubba]

It isn't glum.  It's called "expungement".  It is difficult on purpose.  It isn't enough that he's "paid his debt"-he has to show that he's turned his life around, that he works and contributes to society, and that he has made himself into an upstanding citizen, the kind to whom society would have no second thoughts to giving firearms,voting, and office-holding rights.

The process will vary from state to state, whether the felony was state or federal, and what the crime was in the first place.  A lot of that information can be found online, and if he has a Legal Aid chapter in his area he can consult them after he has his basic info together.  If he's still in touch with his parole officer, that might be a source of info too.  He will need a lawyer who knows that area of the law, but he wants to do as much of the work himself as he can, so he'll know if it is feasible at this time, and to keep his legal costs down.

In very few cases, though, is "having served one's debt" enough.


             good luck.

[Trip20]

El Tejon -- He's on probation.  He's checking with his PO who will probably be able to provide him with better information than I.  From what I gather he's got a great relationship with his PO - hopefully that helps.

AntiBubba -- your right on all accounts, but the following comment sounded pretty glum to me (bolding mine) due to the dismal odds of success projected in the statement.

When I queried my friend the deputy director of operations here his response on doing it was "rarely, and with difficulty."

That sounds like even if you do everything right... the odds of success are pretty low.  That's why I called it glum.

I'm aware of and agree that it shouldn't be an easy process for good reason.  I didn't mean to give an impression that I felt otherwise.

EDIT -- almost forgot.  This case involves Maryland, not Wisconsin.

[JonnyB]

One of my cousins had a felony conviction pardoned by the Minnesota Governor. His record was expunged and he is now (and has been for ~20 years) permited to possess firearms.

Prior to the pardon, he was allowed to hunt deer by archery.

He was, for a time, the Chief of Police in a rural community after the pardon.

It's possible but may take a few years. I don't think he had to spend a great deal (if any) money to get it fixed.

jb

[The Rabbi]

It isn't glum.  It's called "expungement".  It is difficult on purpose.  It isn't enough that he's "paid his debt"-he has to show that he's turned his life around, that he works and contributes to society, and that he has made himself into an upstanding citizen, the kind to whom society would have no second thoughts to giving firearms,voting, and office-holding rights.

What the Anti-bubba said.