Restored firearm rights as a felon

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deejer
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Restored firearm rights as a felon

Post by deejer »

First post, hopefully this is the right board....

I was just wondering if anyone on here has or knows anyone with first hand experience as a convicted felon who has had their civil rights and firearm rights restored... what has been their experience with purchasing a firearm?

I was convicted of a class VI felony about 11 years ago, since then I have had my civil rights restored and this past year had my firearm rights restored by the circuit court in the county I live (Wythe). For what it's worth I have also successfully applied for and have been granted a CCW from the Wythe county circuit court too. I have also submitted the proof of restoration to the VA state police as stated on their website regarding restorations.

Even with all of this I have still been too "scared" to actually purchase a firearm. As I stated above does anyone have any first hand or even second hand knowledge or experience with firearm purchases with restoration? I have been told by the circuit court judge that I need to "carry my papers with me" stating my restored rights. I have also been told that VA is a point of contact state for the NICS checks meaning that they actually do the background checks VS. the FBI.

I appreciate any thoughts or comments on this. I may have nothing to worry about, but then again...
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Re: Restored firearm rights as a felon

Post by MarcSpaz »

I don't know anyone in Va, but I do have a friend that went through it in Ohio. I can't imagine it's much different.

Anyway, he bought 2 rifles for hunting and a handgun for CC. When I talked too him about 5 or 6 years ago... he said you must answer the background check truthfully or you would get in trouble. Outside of that. Nothing sticks out about the convo.

If you have something specific in mind, I can ask him.

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deejer
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Re: Restored firearm rights as a felon

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MarcSpaz wrote:I don't know anyone in Va, but I do have a friend that went through it in Ohio. I can't imagine it's much different.

Anyway, he bought 2 rifles for hunting and a handgun for CC. When I talked too him about 5 or 6 years ago... he said you must answer the background check truthfully or you would get in trouble. Outside of that. Nothing sticks out about the convo.

If you have something specific in mind, I can ask him.

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I asked my lawyer about the background check ATF form 4473, I think that's it... and for question 11.c. it has instructions regarding a felony conviction (https://www.atf.gov/file/61446/download) and it says...

"EXCEPTION to 11.c. and 11.i.
:
A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is not prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law of the jurisdiction where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had their civil rights (the right to vote, sit on a jury, and hold public office) taken away and later restored AND (2) the person is not prohibited by the law of the jurisdiction where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer
“no” to 11.c. or 11.i., as applicable."

He said just to do as it says and answer "No" to the question regarding the conviction and everything else is just routine. I guess I am wondering whether or not I should even inform the person when I go to purchase a gun, do you say "Hey.... I was convicted.... got my restoration...." or not even bother.

I have just also heard, which I don't know if it's hearsay, that if you do get a denial on your NICS that you are not allowed to be in possession of any firearms that you currently have...
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Re: Restored firearm rights as a felon

Post by lizjimbo »

I had my firearm rights restored in May 2012 and got my ccw in June of 2012.

Make sure the firearm transaction center has the court order restoring your firearm rights before you attempt to buy a firearm. After that just go in, fill out the 4473, answer no to the question about the conviction, give the guy your ccw and vadl and you should be good to go. Do not volunteer information to any gun store clerk. They may freak right out and have a spastic attack. Most gun store clerks do not understand any firearm law, especially with regards to firearm restoration. The first time trying to buy you might get a denial in which case go home and call the transaction center. The rest of the time you will most likely get delayed for an hour or more. Just tell the clerk to give you a call when the approval comes through. They do not need to know your history. You will get beyond the fear of buying a gun.
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Re: Restored firearm rights as a felon

Post by spaghetti »

This is an old post, but if the O.P. could help me with some info about the petitioning process I'd be appreciative. Thanks in advance.
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Re: Restored firearm rights as a felon

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P.M. started....
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