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How do you file for federal relief for federal right to possess a gun if convicted on a state felony?
Wiki User
∙ 12y ago
You cannot. Due to the seperation of powers between states and the federal government, federal authorities cannot act to over-ride the state's decision.
Besides, federal law (18 USC, para 921 & 922), also specifically states that ANY convicted felon cannot possess a firearm - unless - the laws of your state specifically allow for the granting of an exception (which would supersede federal law in YOUR state only). If your state refuses to grant you this right - that is the end of it.
Wiki User
∙ 12y ago
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If you get a felony DUI reduced to a Misdemeanor can you possess a firearm?
DUI is not a felony under federal law, but it is a felony in some state legislature. When you're convicted of a crime which is a state felony, but is NOT a federal felony, it is possible to apply for relief of disability in order to regain your firearms rights.
Can a class c felon purchase a gun in Alabama?
Under federal law, no felon may purchase, possess, or be permitted access to firearms. It doesn't vary between states. If the felony in question is defined as a felony only by state law, and is not a felony under federal law, then it may be possible to apply for relief of disability.
How is it possible for a convicted felon to not own a gun but the federal government will allow you to have a cdl with hazmat?
Wherever you're getting your information from, drop them. You cannot get a hazmat endorsement with a federal felony on your record. If you were convicted of something which was only a felony under state law, but is not defined as a felony under federal law, then it is possible to apply for relief of disability, which would enable one to get their hazmat endorsement, and also to get their firearms rights back.
According to Michigan law if you have federal felony convition can you petetion to get your civil rights and gun laws?
There is an apparatus at the federal level to apply for relief of disability for anyone convicted of a crime defined as a felony under federal law (meaning, federal law makes it a felony, even though it'll still be prosecuted in a state court). However, it receives absolutely no funding - ipso facto, it never happens.
Can a ex-felon work at a nuke plant?
There are only two conditions in which you're an ex-felon:You were convicted of something which was only a felony under state law, and not under federal law, and have since applied for and have received relief of disability.You were convicted of a felony, and the convicted was later overturned, meaning you're no longer a felon.If you've been convicted of a felony, and neither of the above apply to you, then you are not an ex-felon - you are a felon, and will be for life. A job at a nuclear power plant is not an option.
Can a felony that is 10yrs old keep you from gettin your security lic or a hand gun permit?
Not only can it do so, but it will. Felonies are not like traffic tickets - they don't go away after a certain period of time. A convicted felon is prohibited from purchasing, possessing, or having access to firearms. That's federal law, and it does not vary from state to state.However, if your felony is not a felony under federal law, but only under state law, it might be possible for you to apply for relief of disability. But if you were convicted of something classed as a felony under federal law, it's not going to happen.
How do you get a fire arm waiver for an ex felon?
There are only two instances where a convicted felon can retain firearm rights.The felony conviction was for something which is only a felony at state level, not under federal law. In this case, it is possible to apply for and receive relief of disability.The felony conviction was later overturned, the convicted person was release, and the case against them was dismissed.Those are the only instances where someone is an ex-felon. They can get their firearm rights back.If you were convicted of a felony, and neither of the above conditions are applicable to you, you are forbidden by federal law from ever purchasing, possessing, or being allowed access to firearms. There are no waivers granted.
Can your feloney be removed in nc?
No, a felony sticks with you for life. The only way it gets "removed" is if you're found to be wrongfully convicted, then acquitted of all charges. If your felony conviction is for something defined as a felony under federal law, there is no mechanism to apply for relief of disability. So, for those trying to have something such as firearms rights restored, it simply is not going to happen. If the conviction was for something defined as a felony under state law, but not under federal law, then relief of disability is a possibility, but you need the services of an attorney for that, as well as a substantial financial base.
Can a convicted felon own property in new york?
In most cases, no. However, if you have just one felony, and you have obtained a Certificate of Relief from Disabilities (CRD) from the Court of jurisdiction that specifically grants you permission, you may be able. Following a second felony conviction, you must apply for a Certificate of Good Conduct through the NYS Parole Board.
Can a convicted felon own a rifle?
You need a lawyer for a correct, legal and current answer. <><><> Agree with above. However, absent other circumstances, such as having been granted relief from the "disability" of a felony conviction, a felon may not possess ANY modern firearm.
How long before an ex felon can own a gun?
If you were convicted of a felony and the charge stuck, and you served your sentence, you're not an ex-felon - you're an ex-con, but remain a felon. In which case, you may never again purchase, possess, or be allowed access to firearms. The only exception is if your conviction was for something which was only a felony under state law, but not federal law - in that instance, there is a possibility to apply for relief of disability. However, if what you were convicted of was a felony as defined by federal law, there is no opportunity to do this.
In New York State if convicted of a felony DWI are your civil right returned after ten years?
You have to apply for Certificate of Relief from Disabilities
