Question about an out of state felony.
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Old 04-16-2010, 01:58 PM   #1
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Default Question about an out of state felony.

Hi guys and gals I'm here on behalf of a close friend I work with. He is from Long Island, NY and has a non violent felony spanning 20 years ago. He now lives here in Va and has been a resident for 8 years. My question is, can he purchase a firearm legally here in Va if it was a non violent felony that took place some 20 years ago in another state.

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Old 04-16-2010, 02:06 PM   #2
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Can you find that answer by doing a search of Virginia gun laws? That's a fairly obscure question and you might be better served by reading the laws as opposed to taking someone else's word for it. Just sayin'....

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Old 04-16-2010, 02:09 PM   #3
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How does a convicted Felon restore their gun rights in Virginia?
In: Crime and Criminal Law, US Constitution, State Laws [Edit categories]

To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth good reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.
FELONS CONVICTED IN STATE COURT OF STATE CRIMES: If your request for expungement is granted and you are a resident of a state which completely or partially restores your "rights" (you will have to do research to learn if this applies to your state), you will still remain subject to any restrictions that your state laws place on you (e.g.- voting rights - elective office - firearms/ammunition possession - etc). CAUTION: FEDERALLY CONVICTED FELONS: It remains a FEDERAL felony for a federally convicted felon to EVER own or possess a firearm. The U.S. Criminal Code, makes the penalty for illegal possession of a firearm a mandatory minimum of fifteen (15) years in prison in some cases (Title 18 U.S.C. sec 924(e)(1). At this time federally convicted felons have no solution to their firearm disqualification. Congress has effectively suspended the review of federally convicted felons' petitions for restoration of their firearms privileges, by denying funding for the purpose.



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Virginia Gov. Tells Felons: Write an Essay to Get Rightsposted 04/12/10 6:29

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RICHMOND, Va. - Prisoners in Virginia who want to vote again and have other civil rights restored will have to write to Gov. Bob McDonnell (web | bio) explaining why.
A draft proposal by McDonnell's administration would compel felons who want their rights back to tell the governor in writing about their crime, their rehabilitation and how they've contributed to society since doing their time.

The American Civil Liberties Union accused the Republican governor Monday of reinstituting the literacy test on convicts, many of them with limited learning.

In Virginia, only the governor can restore felons' rights.

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Legislative efforts to give felons other ways to regain their rights have repeatedly failed.

By BOB LEWIS AP Political Writer

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Old 04-16-2010, 02:54 PM   #4
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Hey, I don't see anything wrong with a literacy test. If you are illiterate, how the hell would you know what to vote for anyway, and how would you know the laws if you can't read? Seems like a no-brainer to me.

Once you are convicted of a felony you are in some regards not a citizen any longer. So, in a sense you have to re-apply for your "citizenship" once you have served your time. Makes sense to me. Compared to other countries this is a fairly harsh measure, but in my book it seems fair.

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Old 04-16-2010, 06:42 PM   #5
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only way to know for sure would be to consult a lawyer. You should contact the local district attorney's office as they would be the ones prosecuting him for violating the law, they will know.

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Old 04-16-2010, 09:06 PM   #6
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Quote:
Originally Posted by ThorsHammer View Post
Hey, I don't see anything wrong with a literacy test. If you are illiterate, how the hell would you know what to vote for anyway, and how would you know the laws if you can't read? Seems like a no-brainer to me.
Agreed. Everyone had the opportunity to go to school and learn. Some people make the most of the opportunity, and some people don't.

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Once you are convicted of a felony you are in some regards not a citizen any longer. So, in a sense you have to re-apply for your "citizenship" once you have served your time. Makes sense to me. Compared to other countries this is a fairly harsh measure, but in my book it seems fair.
No, it isn't fair at all. It creates multiple classes of citizen in this country which is absolutely NOT what we're about.

If you're a violent felon with a solid conviction, you should be put to death. Murderers, rapists, child molesters, arsonists, robbers...kill 'em all.

If you're a non-violent felon who does his (or her) time, you should have 100% of your rights restored once you're released.

There should be none of this you're-released-into-the-general-public-but-you-don't-have-the-same-rights-they-do crap.
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Old 04-16-2010, 09:07 PM   #7
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only way to know for sure would be to consult a lawyer. You should contact the local district attorney's office as they would be the ones prosecuting him for violating the law, they will know.
Yeah, that.
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Old 04-16-2010, 11:13 PM   #8
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Not a lawyer, do not play one on TV, and did not stay at a Holiday Inn Express last night. However, prosecution may NOT be by the local DA. This is a FEDERAL offense. Prosecuted by the US Attorney's office. Ever hear of Operation Exile?

As has already been said- if your friend has not already had his right to possess a firearm restored, it is a violation of 18 USC 922 to do so. He WILL need an attorney for the journey he is looking at.

BTW, while FEDERAL law will permit him to possess muzzle loading firearms, some STATE laws may not. Virginia law does not allow him to possess black powder.

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