How can a felon get his gun rights back in pa?

Answer 1

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.

Answer 2

No. Some states have avenues short of pardon/expungement through which felons can have the rights they lose when convicted restored. There may be a waiting period. In Pennsylvania, for example, it's 10 years after release from incarceration. In some states it can be as soon as one is finished parole. In some states rights are restored automatically for some offenses upon completion of sentence.

Federal law recognizes this, and does not consider a felon who has had his rights restored as a 'prohibited person' for the purposes of gun laws, with the caveat that *all* of the felon's rights must have been restored. The right to vote, sit on a jury, run for public office must all be restored for the felon to legally own guns under Federal law. There must not be any restrictions by the state. For example, if the state restores a felon's right to own rifles and shotguns but prohibits ownership of handguns, the felon is still barred under Federal law from owning any firearms.

Keep in mind that reciprocity between states may be tricky. You may have a old conviction in Pennsylvania and have had your rights under PA and Federal law restored, but you may still be considered prohibited from owning guns in another state.

Additional: ALSO - although your gun rights may be restored in your state of residence, that restoration may carry no legal significance or weight if you try to hunt or "carry" across the state line in some other state.

Answer 3

A felon can never get a gun back, once a felon you may never own a gun.