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-   -   Can someone recommend an attorney? (http://www.firearmstalk.com/forums/f97/can-someone-recommend-attorney-70582/)

beastmode986 08-18-2012 12:36 AM

Can someone recommend an attorney?
 
Ok, so my mom just filled out all the info for her foid card and ill be doing the same. I want to own guns , my step dad wants to own guns and so does my mom. Heres the issue my step dad committed a class x felony over 20 years ago and hes not sure what he needs to do to be able to own guns. He was told when he was released from jail that he would get a minimum of 15 years for possessing a gun so we need a attorney to help us out. I think its unconstitutional for him to not be allowed to own a gun in the first place. Even if he was a felon he still should not have his rights taken , the second amendment is kind of like all or nothing. He used to be an alcoholic but he went to AA meetings and now he has not had a drink in over 6 years. He now has a kid(about to turn one) and is a good person so I think he should be able to own firearms. So can someone please recommend a GREAT attorney? We live in Illinois.
Thanks

winds-of-change 08-18-2012 12:42 AM

I don't believe that's a battle you'll be able to win. A felon is not allowed to own guns ever again. I don't think there's any wiggle room with that. A lawyer isn't going to be able to change the laws to allow your StepDad to own a firearm. I'm not even sure of the legality of you or your Mom owning a firearm with a felon living in the house. Let me know if you hear anything differently.

texaswoodworker 08-18-2012 12:56 AM

Quote:

Originally Posted by winds-of-change (Post 907534)
I don't believe that's a battle you'll be able to win. A felon is not allowed to own guns ever again. I don't think there's any wiggle room with that. A lawyer isn't going to be able to change the laws to allow your StepDad to own a firearm. I'm not even sure of the legality of you or your Mom owning a firearm with a felon living in the house. Let me know if you hear anything differently.

I think it depends on if it was a state felony, or a federal felony. Can't you take a state felony to court? I think a federal felony is set in stone though.

If you do go to court, I wouldn't mention anything about guns unless your lawyer says to.

As for you or your mom owning one. You can own one, but it CANNOT be in the same house as your stepfather. Even if they are locked up, they would still consider him to be in possession of them.

Good luck.

gvw3 08-18-2012 01:14 AM

I think your best bet is to get the conviction removed from his record. I know it can and has been done. You will need a Lawyer to help with that.

dog2000tj 08-18-2012 01:23 AM

contact your local NRA rep, maybe they can help or at least recommend a NRA supportive lawyer in your area

try here as well - http://nradefensefund.org/

downsouth 08-18-2012 01:39 AM

I seriously doubt that Illinios has a law like this. As I scanned the article it mentioned TN and 16 other states. Relocating a possibility?

http://www.wbir.com/news/article/224207/2/TN-law-allows-some-felons-a-second-chance

Axxe55 08-18-2012 02:03 AM

whether it can be expunged from his record or not is a job for an attorney for sure. lot of it will depend on the felony that was commited. as you said something about AA, was it a felony DWI? some felonies can be expunged and overturned which will restore a persons right to own and possess a firearm. getting a good attorney is the first step, and find one who understands what you are trying to get done and does it properly.

gmaster456 08-18-2012 03:02 AM

Whoops. Didn't fully read.

It depends largely on the kind of felony. State, federal etc. And what crime was actually committed.

beastmode986 08-18-2012 04:21 AM

nope, it was drug charges...

canebrake 08-18-2012 04:27 AM

http://armsandthelaw.com/archives/2007/06/progun_attorney.php


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