How does and ex-felon (non violent) get a gun? (place, community)

[wildbill1975]

Originally Posted by rich67

Well, that could be a problem, because if he is a convicted felon, he DOES NOT have the right to own or possess a firearm or ammunition! That's ANOTHER felony if he gets caught, more prison time or probation, more fees, and now a felony weapons violation on his record.
Expunging a felony record can be done, costs some money via an attorney, and YES, it does restore his civil rights to own a firearm. Bottom line, they don't discriminate between "non-violent" and "violent" felons. They are felons. Period. If you want protection in your own home, you're a convicted felon, and you at least care SOMEWHAT of abiding by the laws, then get a mean dog and a baseball bat. Either that or hire an attorney to get your civil rights restored.
Just keep in mind it is rare that ANY ex felon gets his rights restored to allow firearm ownership. The process is costly and difficult with no guarantees. I personally think that's a good thing. I don't want a bunch of ex cons running around my town buying up guns...and if they do have them, they need to go right back to the pokey.

You sure are a idiot. If a ex-felon wanted to stay on his law breaking path why would he care to get a gun legaly? Only law abiding people, ex-felons or not care about owning a firearm legaly.

[SurferGrandpa]

In 1993 you were driving with your girl friend and you were both over the legal limit .09 . The two of you were having an argument and She accidentally pulled the steering wheel crashing you into a Pole. You were almost killed, she had scratches and bruises. You have now been charged with Felony drunk driving. You have never had a run in with the law before or after. You are a pillar in the community in which you live and have never touched alcohol since, are you still a horrible Felon?

[and the]

A felon is a felon. No need for adjectives. Here's why you shouldn't have a handgun:

Dumb enough to drive drunk.
Dumb enough to drive and argue at the same time.
Dumb enough to date a woman who accidentally grabs streering wheels while you're driving drunk and arguing.

Plus, you must have been REALLY seriously injured to bump the misdemeanor drunk driving up to felony level, OR it's your third or subsequent offense, depending on jurisdiction.

You're felonious enough to not be trusted with handguns, or even sharp instruments in public in my opinion.

You sure are a idiot. If a ex-felon wanted to stay on his law breaking path why would he care to get a gun legaly?

I'll take a "shot" at that one.....

Because getting caught with an illegal gun would be felony #2, triggering an increased penalty at the sentencing phase.

In addition, it's strike two in "three strikes" states which may mean VERY stiff sentencing for felony #3.

Being a felon in possession of a handgun illegally is a felony in itself, PLUS the added crime in some jurisdictions of "felony firearm" a mandatory 2-years sentence that must be served first, and CONSECUTIVELY with any other sentence.

There's a whole bunch of reasons why a felon wouldn't want to be caught illegally possessing a gun, even though he may still be self-employed in the armed robbery business. And, as was mentioned before, there's no such thing as an "ex" felon. A felon is someone who has been convicted of a felony. There's no expiration date.

[rich67]

Originally Posted by SurferGrandpa

In 1993 you were driving with your girl friend and you were both over the legal limit .09 . The two of you were having an argument and She accidentally pulled the steering wheel crashing you into a Pole. You were almost killed, she had scratches and bruises. You have now been charged with Felony drunk driving. You have never had a run in with the law before or after. You are a pillar in the community in which you live and have never touched alcohol since, are you still a horrible Felon?

A felony for a DUI with property damage and no serious bodily injury or death to another party other than yourself? Doubt it.

[Greatday]

Originally Posted by rich67

A felony for a DUI with property damage and no serious bodily injury or death to another party other than yourself? Doubt it.

In Arizona, yes - DUI, even without property damage, can be charged as a felony and can result in your extended incarceration.

[Greatday]

First Arizona DUI Offense:

Criminal Status: Class 1 misdemeanor. Aggravated DUI elevates criminal status to a felony. An aggravated DUI is a DUI (impaired, per se or extreme) that is committed: (1) on a suspended, revoked or canceled license; (2) a third DUI offense in 5 years; or (3) while a person under 15 is in the vehicle.

Jail: DUI: 1-10 days. Extreme DUI: 10-30 days. Aggravated DUI: Terms in prison vary depending on violation.

Arizona DUI Fines/Costs: Minimum $250 (plus $500 for the prison construction fund and $500 for the state general fund).

-Extreme DUI: Minimum $250 (plus $250 DUI assessment, $1,000 for the prison construction fund, and another $1000 for the state general fund)
-Aggravated DUI: Minimum $750 (plus $250 DUI assessment and $1,500 for the prison construction fund and $1,500 for the state general fund).

Jail costs: An 80% surcharge on the base fine is levied on each DUI offense.

Arizona License Suspension: DUI: 90 days. Extreme DUI: 1 year. If aggravated DUI, license revoked for 3 years.

Arizona Probation: DUI: Up to 5 years (informal, may not be supervised). Aggravated DUI: 10 years.

Vehicle Impound: Yes, for extreme DUI and aggravated DUI.

Arizona Alcohol Screening/Education Treatment: Mandatory for aggravated DUI. Possible for other DUI offenses.

Arizona Ignition Interlock Device: Required for extreme and aggravated DUI.

Community Service: May be ordered to perform community service.

[rich67]

Originally Posted by Greatday

In Arizona, yes - DUI, even without property damage, can be charged as a felony and can result in your extended incarceration.

Yes, after the 3rd offense or the other indicators as stipulated. Anyone who gets 3 DUIs deserves a felony, if you ask me. I don't want some habitual drunk running into my family and wiping them out.

[Greatday]

Originally Posted by rich67

Yes, after the 3rd offense or the other indicators as stipulated. Anyone who gets 3 DUIs deserves a felony, if you ask me. I don't want some habitual drunk running into my family and wiping them out.

You suggested however, in a previous post, that DUI's do not involve a felony charge or jail time

[rich67]

Originally Posted by Greatday

You suggested however, in a previous post, that DUI's do not involve a felony charge or jail time

That may have been taken out of context. I live in Florida, and I know even out here a first offense usually results in an overnight stay in jail and then probation, a second offense results in the same, a third can result in a felony charge and potential prison time depending on other circumstances. If it came out that way, my bad....but to be honest, I don't see which post you're talking about.

[observer53]

Originally Posted by Yuma Patriot

You need to petition the court that convicted you to restore your civil rights. Make sure you specifically ask for them to restore your gun rights. If they agree you are good to go. You didn't mention what state you got convicted in but Arizona is pretty lenient on restoring gun rights to felons. They recently passed a law that permits felons who have had their gun rights restored to get CCW permits. Form 4473 states that if the state restores your gun rights you can buy guns legally again. Try to hire a lawyer to do this for you and be prepared to shell out at least $2,000 dollars.

In Arizona, you don't need a lawyer to do this. You can print the necessary form right off the court website, turn it in, and wait for it to be processed. If you meet the eligibility requirements in the statute I posted upthread, the judgment will be "set aside", it's not "expunged" in AZ.

Originally Posted by Yeah buddy!

are you sure an expungement restores civil liberties to own a firearm? or is it just to vote, be a juror, etc?

Well, it isn't an expungement, it's a "set aside" of the judgment of guilt. Restoration of gun rights and civil rights are separate requests, but they are both done on the same form.

Originally Posted by rich67

Well, that could be a problem, because if he is a convicted felon, he DOES NOT have the right to own or possess a firearm or ammunition! That's ANOTHER felony if he gets caught, more prison time or probation, more fees, and now a felony weapons violation on his record.
Expunging a felony record can be done, costs some money via an attorney, and YES, it does restore his civil rights to own a firearm. Bottom line, they don't discriminate between "non-violent" and "violent" felons. They are felons. Period. If you want protection in your own home, you're a convicted felon, and you at least care SOMEWHAT of abiding by the laws, then get a mean dog and a baseball bat. Either that or hire an attorney to get your civil rights restored.
Just keep in mind it is rare that ANY ex felon gets his rights restored to allow firearm ownership. The process is costly and difficult with no guarantees. I personally think that's a good thing. I don't want a bunch of ex cons running around my town buying up guns...and if they do have them, they need to go right back to the pokey.

I don't think it's so rare that "any" convicted felon gets their gun rights restored. Many, many felonies are nonviolent. You don't need a lawyer to do it for you, if you meet the criteria in the statute.