Can a person with a felony get their gun rights back or huntings rights back?

Answer 1

It may have everything to do with whether you were tried in State or Federal Court. Although your particular state MAY be one which has a program to restore some of your "rights" to you (you will have to do research to see if your state of residence applies), it remains a FEDERAL felony offense for a convicted felon to ever own or possess a firearm. The United States Code, in some cases, makes the penalty for illegal possession of a firearm a mandatory minimum fifteen (15) years in prison. Title 18 U.S.C. sec 924(e)(1). Those individuals convicted in FEDERAL court have no practical solution to their disqualification problems at this time. There is a restoration process under federal law that is part of the Gun Control Act. Petitions for removal of the federal firearms restrictions are directed to the Attorney General of the United States pursuant to 18 U.S.C. § 925(c). The authority to review such petitions has been delegated by the Attorney General to the Director of the Bureau of Alcohol, Tobacco and Firearms (See 27 C.F.R. § 478.144). However, even though there is a federal statute and a regulatory procedure for the processing of restoration petitions, Congress has continuously refused to appropriate the funds for The BATF to review such petitions. By denying funding, Congress has, effectively, suspended the statutory grant of jurisdiction to the federal district courts to review convicted felons' applications for restoration of their firearms privileges. Added by >bobbybear1965< : The only other thing that I have found is a presidential pardon under this code: Presidential pardon. 28 CFR 1.1-1.10. This is right off of the ATF online site http://www.atf.gov/firearms/faq/faq2.htm#b5 I hope that this is some help to those who need it like myself.All other rights and questions can be answered on this site location.

Answer 2

Sometimes, yes, it does vary from state-to-state. But only if the felon is guilty of a state offense. If you are convicted of a federal offense there is no mechanism to getting his or her rights restored.

Answer 3

If your conviction was for a STATE crime, most states DO have a process where you may apply for restoration of civil rights, including the right to possess a firearm. This will not apply to violent felonies, and will require that you have satisfactorily completed any probation or parole. You WILL need to start by finding an attorney in YOUR state that is familiar with those laws. If your conviction was for a Federal crime, there is no similar process.

Answer 4

the state of Oregon allows you to petition the court as long as your crime was non violent and it has been at least 5 years since your conviction

Added: Check carefully. The above may only be applicable to a felon convicted of a State felony crime. If convicted of a Federal Offense in Federal Court, there is little to no chance of a reinstatement.