Can someone recommend an attorney?

Discussion in 'Legal and Activism' started by beastmode986, Aug 17, 2012.

  1. beastmode986

    beastmode986 New Member

    967
    0
    0
    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
     
  2. winds-of-change

    winds-of-change The Balota's Staff Member

    29,537
    550
    113
    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.
     

  3. texaswoodworker

    texaswoodworker New Member

    10,198
    0
    0
    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.
     
  4. gvw3

    gvw3 New Member

    152
    0
    0
    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.
     
  5. dog2000tj

    dog2000tj New Member

    8,176
    2
    0
    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/
     
  6. downsouth

    downsouth New Member

    5,007
    3
    0
  7. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    2
    0
    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.
     
  8. gmaster456

    gmaster456 New Member

    492
    0
    0
    Whoops. Didn't fully read.

    It depends largely on the kind of felony. State, federal etc. And what crime was actually committed.
     
    Last edited: Aug 17, 2012
  9. beastmode986

    beastmode986 New Member

    967
    0
    0
    nope, it was drug charges...
     
  10. Rarity

    Rarity New Member

    702
    0
    0
    You can contact these lawyers. I don't know them personally. I hope you and your family get to practice your 2nd Amendment soon.. :p
     
  11. USEBOTHHANDS

    USEBOTHHANDS New Member

    1,319
    2
    0
    1. depends on the felony (citizens lose rights when they commit crimesand
    become convicts, although you wouldn't know it now-a-days);
    2. depends on your state (you prolly want to move);
    3. contact NRA;
    4. you prolly want to move;
    5. you really need to move......
     
    Last edited: Aug 18, 2012
  12. beastmode986

    beastmode986 New Member

    967
    0
    0
    I contacted the nra. They said it cannot be expunged. So no I am to suffer and so does my family for something that happened over a decade ago. That sucks. So looks like I cannot own any guns until my dad moves out of state and I live with him.....
     
  13. mountainman13

    mountainman13 New Member

    11,488
    0
    0
    No license required for air rifles or black powder.
     
  14. purehavoc

    purehavoc New Member

    4,799
    2
    0
    Wrong on the Black powder you must still have a FOID . I took this right from the IL state police FOID site
    Do I need a valid FOID card for a muzzleloader or blackpowder gun?
    Yes. In Illinois, muzzleloaders and blackpowder guns are considered firearms.
    What constitutes an unloaded muzzleloading firearm?
    According to the administrative rules associated with the Wildlife Code, the definition for an unloaded muzzleloading firearm is as follows: "Removal of percussion cap or removal of prime powder from frizzen pan with frizzen open and hammer all the way down or removal of prime powder from flashpan and wheel un-wound or removal of prime powder and match with match not lit shall constitute an unloaded muzzleloading firearm." (17 Ill. Admin. Code, Sec 660.30)
     
  15. mountainman13

    mountainman13 New Member

    11,488
    0
    0
    Wow. Worse than ma. Nothing required here for them but, good luck buying powder or balls without an fid. Of course you can mold your own balls and like anything else black powder can be obtained.
     
  16. purehavoc

    purehavoc New Member

    4,799
    2
    0
    Can a person who has been convicted of a felony in the state of Illinois ever be eligible for a FOID card?
    Applicants who have been convicted of a felony are ineligible to receive a FOID card. However, an appeal procedure is available in accordance with 430 ILCS 65/10. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.


    Is a person who has been convicted of domestic battery/ domestic violence eligible for a FOID card?
    According to Federal and State laws, anyone who has been convicted of domestic battery/ domestic violence is ineligible to possess a FOID card. This prohibition also applies to police officers and those in the military. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.
    If a person is subject to an active Order of Protection, are they eligible for a FOID card?
    According to Federal and State laws, anyone who is subject to an active Order of Protection may be ineligible to possess a FOID card. Contact the ISP Firearms Services Bureau at (217) 782-7980 for further information.
     
    Last edited: Aug 30, 2012
  17. beastmode986

    beastmode986 New Member

    967
    0
    0
    I couldn't even own a muzzle loader because under federal law its still a firearm. And what air rifle would ward off an intruder?
    We called the nra and talked to a lawyer he said because its a class x felony it cannot be expunged...
     
  18. orangello

    orangello New Member

    19,156
    0
    0
    There are PCP air guns that fire .45 caliber projectiles for hunting. I am not into them, but they are out there (not cheap).

    IL is a strange place, but I have read (not a lawyer here) that the spouse of a felon can own and keep firearms in their home IF they can show that the felon cannot access the firearms, such as a safe that the felon can't access, etc. Failing this, perhaps you could find a range/club with on-site storage?

    I encourage you to move someplace a bit more free.

    I think you are confusing federal definitions of "firearm" with state definitions on the BP/muzzleloader issue; it is IL that is the problem, not BATF on that issue.
     
  19. JD1969

    JD1969 New Member

    748
    0
    0
    Contact the IRSA (Illinois State Rifle Assn). They have a list of lawyers that they recommend.
    http://www.isra.org