My Husband is a convicted sex-offender of something that happened years ago. It is now hunting season and he wants to put food on the table for the family but is not allowed to "own" a gun. I know there are ways to fight that, but where would I begin? I've looked on the ATF's website and have NO IDEA what it is that I am looking for. He has no domestic violence crimes against him. Can somebody please help me get pointed in the right direction of what I am looking for?
If he were found in possession of a gun - all hell could break loose for him and the person who loaned the gun to him. He should talk to his parole officer or his attorney. Either one should know the particular laws where you live.
Shy, you may be correct but the text I attached has some examples where the states had reinstated the felons rights and the courts upheld that decision. Wonder if the law extends to bow hunting? Lots of deer are taken in IL and WS with bows.
Bow deer season is big here too in North Dakota. I used to go every season until the last 10 years. It would a good alternative to the firearms. Hopefully the OP will check with her husband's attorney on the specifics laws where they live.
He should just go out and purchase himself a hunting rifle. A felon is precluded from owning a "firearm". The BATF considers a firearm to be a handgun. That's why he wouldn't pass the background check for a handgun. However, for a long rifle, there's no background check.
Plus, you didn't say whether his conviction was a felony or a misdemeanor. If it was only a misdemeanor, he can own a handgun too.
The BATF considers a firearm to be a handgun. That's why he wouldn't pass the background check for a handgun. However, for a long rifle, there's no background check.
I'm sorry excon, this is one time I have to totally and completely disagree with you.
If this man is a convicted sex offender, this is a felony. There is not a state in America that will give a felon a gun of any kind.
There is a form that must be filled out with each gun purchase, it is called a Form 4473 and it is filled out for the purchase of a handgun, rifle, shotgun. Along with that is the fingerprinting AND NICS background check.
Any person that buys a gun and gives it to him is doing what is called a Straw Purchase, this is a mandatory ten years in prison and $250,000 minimum fine after the ten years in prison is served. Any person who knows he is a convicted felon, and this includes wife, sister, father, brother, uncle, friend, etc, is subject to this prison term and fine giving this person a felony conviction as well.
As a part owner of a legal gun shop, I do know this to be fact.
Item 16 specifically asks if it is a handgun or a long gun. A long gun is a rifle and/or shotgun.
This shows where the purchaser has to check the kind of firearm being purchased, and it includes rifle, shotgun, as well as handgun. Please also see Item #27 which, specifically, again asks of the kind of firearm being purchased.
Back to page 1 DRAFT ATF F 4473 (5300.9) Under Certification of Transferee, please see Item C "Have you ever been convicted of in any court of a felony... "
Originally Posted by excon
Plus, you didn't say whether his conviction was a felony or a misdemeanor.
Sweetie, look at the subject of the post "Convicted Felon wants to go hunting"
(A7) How can a person apply for relief from Federal firearms disabilities? [Back]
Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.
Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals.
[18 U.S.C. 922(g), 922(n) and 925(c)]
(A8) Are there any alternatives for relief from firearms disabilities? [Back]
A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.
Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W. Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.
Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration.
I had no luck pulling up ATF on-line. I have a son in a similar situation although the crime was different. His sentence will be reduced to a misdemeanor in 3 years. Will his rights be re-instated at that time?
Also he is being given incorrect information from the local DNR. They are telling him if his court decree does not stipulate gun restriction he can hunt. He was convicted in a controlled drug buy 8 years ago.
His Father thinks I'm just trying to rain on his parade. Nothing could be further from the truth. I have watched this young man turn his life around, get a college degree and a job in his field. I would hate to see him throiw all of that a way for a week of Elk Hunting.
Alaska allows felons to possess a rifle or shotgun when the felon is off paer, and last yr. Alaska allows non-violent felons to psses a handgun after 10yrs. Off paper. But do not hunt on federal land, you will be charged for felon in poss. Of a firearm.
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