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felon with gun question=-

The Code of Virginia is not preemptible by local statute

felon with gun question=-

Postby jamesmetairie » Mon, 18 Oct 2010 18:43:48

class 6 felony in 1966 "unauthorized use of motor vehicle" in Virginia. a few years ago the govenor of Virginia gave full restoration of all rights except the right to own firearms. Virginia says get it from my home state of Louisiana. Louisiana says to get it from Virginia. Is there anyway to get it with out setting up residence in Virginia? ATF(fed) could do it ,but they won,t .I,m retired from the merchant marine and presently 15 years working federal civil service in the new orleans area . required to be back on the job immediately after hurricanes and as we all know new orleans is not a safe place to be after a hurricane. thanks for any advice.


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Re: felon with gun question=-

Postby OakRidgeStars » Mon, 18 Oct 2010 18:58:00

That's going to be a tough one for sure. My best suggestion would be to contact one of the VCDL's gun-friendly lawyers and seek their expert advice.

http://www.hkshooter.net/lawyers/

You'll find lots of opinions here, but when it comes to legal matters, nothing beats good legal counsel.

Good luck, I hope you can get this matter resolved.
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Re: felon with gun question=-

Postby allingeneral » Mon, 18 Oct 2010 19:05:10

Not that I'm a lawyer or anything, but I'm under the impression (no legal cite immediately available) that such actions must be undertaken in the state in which you were convicted.
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Re: felon with gun question=-

Postby Diomed » Tue, 19 Oct 2010 01:11:40

jamesmetairie wrote:ATF(fed) could do it ,but they won,t .

They can't would be more appropriate, as there is currently no mechanism to restore gun rights on the federal level other than a presidential pardon.

Since you were convicted in a state court of a state offense, ATF thinks you need to hash it out with the states involved. The suggestion of an attorney associated with VCDL is a very good one.

Expect to spend some money whether you succeed or not.


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Re: felon with gun question=-

Postby user » Thu, 21 Oct 2010 14:40:57

The feds aren't involved in your felony status. That's an area in which the states are pre-eminent as a parallel government, under the U.S.Constitution. Fed law on the subject is controlled by your status in the state that issued the conviction.

In Virginia, if your civil rights have been restored by the Gov., you can petition the circuit court where you live for restoration of gun rights. I do that kind of work, but whether I can help you depends on what county you're in (unless you're willing to pay a lot extra to have me travel and stay overnight).
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Re: felon with gun question=-

Postby allingeneral » Thu, 21 Oct 2010 14:46:54

user wrote:whether I can help you depends on what county you're in (unless you're willing to pay a lot extra to have me travel and stay overnight).


He's living in New Orleans area now... I can see that legal bill from here! :)
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