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Rights restoration

PostPosted: Sun Dec 06, 2020 11:08 am
by zachkuby87
Hey i was wondering if anyone can help or refer a good lawyer/law firm. I have a friend That lost his gun rights when he was in his 20's over a bar room brawl. He was charged and convicted of a felony assault. Fast forward 15 years he's got two young boys that are getting to the age he'd like to take them hunting. He came to me for help i told him id ask around. I figured someone here has to have more knowledge on the subject than me. As always. Thanks in advance.

Re: Rights restoration

PostPosted: Sun Dec 06, 2020 11:48 am
by bstrawse
zachkuby87 wrote:Hey i was wondering if anyone can help or refer a good lawyer/law firm. I have a friend That lost his gun rights when he was in his 20's over a bar room brawl. He was charged and convicted of a felony assault. Fast forward 15 years he's got two young boys that are getting to the age he'd like to take them hunting. He came to me for help i told him id ask around. I figured someone here has to have more knowledge on the subject than me. As always. Thanks in advance.


Hi,

I can point you in some directions. Is he in Minnesota?

If so, I'd recommend any of the following who have extensive experience on this issue:

Jim Fleming - http://www.jimfleminglaw.com/
Blair Nelson - http://www.blairwnelson.com/
Ryan Else - https://www.brockhunterlaw.com/attorneys/ryan-else/

Thanks,
Bryan

Re: Rights restoration

PostPosted: Sun Dec 06, 2020 8:49 pm
by smurfman
I didn't think it was possible for someone convicted of a felony (and some lesser crimes) to have their gun rights restored except through a Presidential pardon which would only apply if a Federal crime. Has something changed lately?

Re: Rights restoration

PostPosted: Sun Dec 06, 2020 11:16 pm
by Holland&Holland
smurfman wrote:I didn't think it was possible for someone convicted of a felony (and some lesser crimes) to have their gun rights restored except through a Presidential pardon which would only apply if a Federal crime. Has something changed lately?

Can’t they get it discharged by the state if enough time has passed and the state deems it so? Didn’t Marky mark try this with his but got denied based on testimony at the hearing from the victim?

Re: Rights restoration

PostPosted: Mon Dec 07, 2020 7:05 am
by bstrawse
smurfman wrote:I didn't think it was possible for someone convicted of a felony (and some lesser crimes) to have their gun rights restored except through a Presidential pardon which would only apply if a Federal crime. Has something changed lately?


Minnesota and other states have provisions for the restoration of rights, but the statutes are fairly complex. There is automatic rights restoration in some cases, others require a court hearing. Experienced counsel in this area with experience specifically on the firearm rights restoration are an invaluable resource to those pursuing this remedy.

I wish I could provide a clearer plain English explanation.

b

Re: Rights restoration

PostPosted: Mon Dec 07, 2020 11:01 am
by LarryFlew
My hunting buddy from the 60-70 era had a felony drug conviction expunged but it took almost a year and $$ and this was in the 90's without Covid shutdowns. LAWYER immediately comes to mind.

Google expunge felony record for info

Re: Rights restoration

PostPosted: Mon Dec 07, 2020 7:57 pm
by smurfman
bstrawse wrote:
smurfman wrote:I didn't think it was possible for someone convicted of a felony (and some lesser crimes) to have their gun rights restored except through a Presidential pardon which would only apply if a Federal crime. Has something changed lately?


Minnesota and other states have provisions for the restoration of rights, but the statutes are fairly complex. There is automatic rights restoration in some cases, others require a court hearing. Experienced counsel in this area with experience specifically on the firearm rights restoration are an invaluable resource to those pursuing this remedy.

I wish I could provide a clearer plain English explanation.

b


Thanks Bryan, that is actually clearer than the BATFE explanation on their website and when I asked one of their agents in person.

The three customers I worked with all had state issued restoration papers, two answered "no" on the 4473 and were denied. The one customer seemed a bit miffed as he said he had hired an attorney to regain full restoration and it cost him a bunch.

The third answered "yes" and was naturally denied. The customer pulled out his papers and asked if that would help. I called the FBI to find out if there was any recourse and their answer was as I said in my earlier post.

I chalked it up to Minnesota processes. The background check for the permit to purchase and permit to carry does not meet the Federal standards I figured this was another example of "superior Minnesota Substandards."

Re: Rights restoration

PostPosted: Mon Dec 07, 2020 10:38 pm
by Holland&Holland
Possession would be at the state level correct?