Restoration of my rights ??

[PurpleDog]

I went to purchase my first gun at a local Gander Mountain last weekend, and my application was denied. I'm 53 years old, and was convicted back in 1981 of "sale and delivery" of marijuana down Florida. I thought that conviction was sealed but obviously it was not. I have not used any illegal drugs in over 25 years, and have nothing on my record since then except for traffic related misdemeanor [speeding] offenses.

Is anyone out there familiar with the the "real world" procedure for restoration of firearm rights in Virginia ?? I've done some initial digging on Google the process is not clearly described.

I can understand folks being convicted of a robbery or murder or something really serious never being able to own a gun, but this is 2009, and the selling of weed is now legal in some states to anyone who claims they need it as medicine. I cant believe that my youthful screw up will cause me to not be able to own a gun !!

[ProShooter]

A felony conviction is a felony conviction. They don't weigh one against the other as being more or less serious when it comes to gun ownership. You claim that your offense was a "youthful screw up". It would seem that it was an adult screw up. I'm not judging, I'm just saying that we have to draw a line somewhere. As an adult, you should have know what the consequences of your actions could have been and unfortunately you got caught/convicted....it happens.

As far as I know, the process to restore firearms rights has to be petitioned to the Governor....after that, I'm not sure what to tell you. Best of luck.

[Hephaestus]

This may help, but the previous post pretty much sums it up.

http://www.vsp.state.va.us/Firearms_Restoration.shtm

[Palladin]

I went to purchase my first gun at a local Gander Mountain last weekend, and my application was denied.

I'm curious, did you stop when you got to that point on the form, or did you submit thinking you were in the clear? When I tried to purchase my XD, I was surprised how fast I went from law abiding citizen to criminal with charges pending on state and federal levels. Heck the phone calls from the VaSP beat me home from Greentop...

[PurpleDog]

My attorney told me back in 1981 that my felony conviction was sealed, and this fact is correct ... but it's sealed to everyone except to law enforcement and the military it turns out. I found this fact out last Sunday when I was denied. I've been under the mistaken impression for going on 29 years that I was NOT - in the eyes of the world - a convicted felon. I have been writing NO to the "have you even been convicted of a felony" question for 29 years under the advice of my attorney.

I understand that a felony conviction is a felony conviction. I did my probation, paid my fines, and paid my debt to society. I never in a million years figured that selling 12 grams of weed would come back to haunt me. How many gun owners in the USA have smoked or possessed marijuana at least once in thier lifes ? I bet it's more then 60-70%. I just happened to get caught selling some to an undercover agent. And yes, I was 25, so I wont call it a youthful screw up, it was and is an adult mistake.

In this day and age, when marijuana is legal to purchase in 13 states for medical use, I just find it hard to believe that forgiveness and mercy in the law is not more forthcoming and easy to obtain for this victimless crime. In most states, including where I was arrested, its now a misdemeanor to have 20 grams or less on your person.

Let me state for the record that I do NOT advocate the use of marijuana in any way, shape, or form. I have been a law abiding citizen ever since I was 25. However, ask yourself this ... isn't alcohol a bigger problem in the USA than weed ?

[Sweetpea]

Alcohol is legal. Possesion and selling are two very different things. And while I think marijuana should be legalized, selling illegal drugs is not a "victimless crime". It is a serious thing that promotes drug traffiking which causes harm to many people. Not the least are our service members who guard the borders and work hard to bust underground drug rings, etc... My ex was shot while pursuing illegal drug runners trying to get into our country (he was in the Navy at the time).

I am very glad you have cleaned up your act but personally I would not sell you a gun, especially because you did the crime as an adult.

[cwats04]

I am very glad you have cleaned up your act but personally I would not sell you a gun, especially because you did the crime as an adult.

I have been writing NO to the "have you even been convicted of a felony" question for 29 years under the advice of my attorney.

this brings up another intersting thought
if you were to do a private sale and told the seller No you were not a convicted felon you would just have put them into a world of possible hurt if anyone were to ever dig around about the sale

[zephyp]

this brings up another intersting thought
if you were to do a private sale and told the seller No you were not a convicted felon you would just have put them into a world of possible hurt if anyone were to ever dig around about the sale

bloomberg the twit would be all over that one.

@purpledog - just because it was sealed doent take away the conviction. If you were found not guilty (and it doesnt look like you were) you could have it expunged which is different. If I were you and you really want to buy a weapon I would try to get your rights restored. The other thing I would do is thank your lucky stars that this is the only thing you've gotten bitten for because of it....just my $0.02.

[GS78]

Just petition the Gov. but wait until McDonald is sworn in.

[VBshooter]

In a private sale,If the seller has no knowledge of the buyers background he is in compliance with the law even if the buyer lies.

Selling 12 grams of weed is less than a parking ticket offense in some places these days.. Sadly the laws haven;t caught up with that yet. Amazing how fast others are to judge someone who has had the misfortune of being arrested for some stupid misdemeaner. It has to get lonely up htere in those Ivory Towers,,,, The Firearms act and many states need to update their laws to reflect what society accepts now days as opposed to the evil 60;s ,, there are far too many states with laws that are considered felonies that should have no bearing on a persons Constitutional right to keep nad bear arms. I would look into reinstatement ,there have been several cases as of late that have been won by people and they have won their rights back...The question comes up as ..Can a person be denied their 2nd Amendment rights based on_________??? Worth looking into!!

[PurpleDog]

My sentiments exactly VB. I have a little bit of money stashed away, and am sorely tempted to try and find an attorney who would have some expertise in restoration of rights. The attorneys I've talked to all tell me the same thing: gather the information and paperwork needed, file with the state, and maybe you will hear something in a year. The decision is however the sole discretion of the governor.

Wish me luck !!

[Vahunter]

Here's my take on the whole thread. You tried to buy a gun, checked NO where it said convicted felon. I know a few FFL dealers and they have told me if someone does what you did, they would be arrested shortly after the NIC. Something ain't right here. I agree with sweetpea on what she said.

[zephyp]

Here's my take on the whole thread. You tried to buy a gun, checked NO where it said convicted felon. I know a few FFL dealers and they have told me if someone does what you did, they would be arrested shortly after the NIC. Something ain't right here. I agree with sweetpea on what she said.

[Palladin]

Here's my take on the whole thread. You tried to buy a gun, checked NO where it said convicted felon. I know a few FFL dealers and they have told me if someone does what you did, they would be arrested shortly after the NIC. Something ain't right here. I agree with sweetpea on what she said.

something's cockeyed somewhere...

[GS78]

My sentiments exactly VB. I have a little bit of money stashed away, and am sorely tempted to try and find an attorney who would have some expertise in restoration of rights. The attorneys I've talked to all tell me the same thing: gather the information and paperwork needed, file with the state, and maybe you will hear something in a year. The decision is however the sole discretion of the governor.

Wish me luck !!

I wouldn't think you'd even need a lawyer. You can gather the paperwork etc, and petition the Gov. youself, but you might look into your local congressmen's office. Depending on what district you are in you may find they have more "weapons" in their arsenal than any lawyer.

[Flavet]

Seems to me that you committed an offense in 1981 and committed another when you perjured yourself on the NICS. And given the way you're whining right now about all the figuring you did in 1981 that you'd come out in 2009 washed in the blood of the Lamb, I woldn't trust you within eyesight of my home. Not that I think you're a sleaze becase this site is polite.

[GS78]

Seems to me that you committed an offense in 1981 and committed another when you perjured yourself on the NICS. And given the way you're whining right now about all the figuring you did in 1981 that you'd come out in 2009 washed in the blood of the Lamb, I woldn't trust you within eyesight of my home. Not that I think you're a sleaze becase this site is polite.

That was uncalled for.

[wally626]

As has been said above your only hope is get your rights restored by the Gov. A 29 year record as an outstanding citizen and the relatively minor level of the original conviction should help. I have no knowledge of how accommodating the VA government is in general is to this sort of thing, might be semi-automatic if enough clean years have passed or might take a lot of effort and lobbying, Arkansas under Huckabee was very accommodating.

[PurpleDog]

I appreciate everyone's comments and suggestions, except for Flavet's ... whose comments reveal him to be - in my opinion
of course - just plain weird and an frigging idiot to boot.

Sweetpea, I appreciate your comments and can understand your point of view. However, I beg to differ: there is a HUGE difference between me selling a dime bag of weed to a cop, and a drug smuggler that is attempting to bring illegal substances into the USA in amounts measured in pounds not grams. I congratulate you on your error and crime free life.

VA Hunter: I'm not familiar with the lingo; what do you mean Id be arrested after the "NIC" ? I wrote NO to the question of if I've ever been convicted of a felony on the advice of my attorney. One attorney i talked with did say that if a cop had been at the Gander Mountain counter I might of been arrested, but that any law student could and would get that charge thrown out. Lets keep in mind the issue of intent. I was NOT attempting to deceive anyone.

I will guarantee you this folks: I will not rest until my rights have been restored. I also can tell you that by 7/4/2011, I will stand proudly with you as a legal firearm owner in our great state.

Have a healthy and prosperous 2010 everyone !!

[gfost1]

Seems to me that you committed an offense in 1981 and committed another when you perjured yourself on the NICS. And given the way you're whining right now about all the figuring you did in 1981 that you'd come out in 2009 washed in the blood of the Lamb, I woldn't trust you within eyesight of my home. Not that I think you're a sleaze becase this site is polite.

That was uncalled for.

Why do you think so, GS?

Almost 30 years later, the guy does not appear to have any remorse for his crime. He appears to regret having been caught and getting bad advice from his attorney, and now he regrets that he can't own a gun. I don't know anything about purpledog except what he has written, and that scares me. Flavet is just calling a spade a spade, and there is certainly no shortage of that on this "polite" forum. If that makes Flavet "weird and an frigging idiot", I guess I am, too.

Regards,

George