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    booklady2012's Avatar
    booklady2012 Posts: 4, Reputation: 1
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    #1

    Aug 17, 2012, 09:30 AM
    Legal removal of felony committed 50 years ago
    Seriously, this man committed a felony when he was 20 years old, served his time and probation requirements and now would like to vote and obtain a license for a gun permit. He is 71 years old. What can he do ?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 17, 2012, 09:43 AM
    Quote Originally Posted by booklady2012 View Post
    Seriously, this man committed a felony when he was 20 years old, served his time and probation requirements and now would like to vote and obtain a license for a gun permit. He is 71 years old. What can he do ?

    Seriously, where? It's Federal law but in some States you can apply for a pardon.
    booklady2012's Avatar
    booklady2012 Posts: 4, Reputation: 1
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    #3

    Aug 17, 2012, 02:34 PM
    Sorry- I am new to this type of communication- I replied but not sure if it went out or not-
    Crime and time were in CA, transferred to NY to complete his probation- now lives in TN-
    Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 17, 2012, 02:43 PM
    The crime is in CA still since that is where it happened.

    I will be honest I doubt that it is even on the records. 50 years ago, there were no computer records and most crimes that old where never added to the data base, There may not even be a record of it anywhere.

    But he would hire an attorney who would petition the state to give him his rights back, I don't see after 50 years that there would be a problem doing it.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 18, 2012, 09:48 AM
    Quote Originally Posted by booklady2012 View Post
    What can he do ?
    Hello b:

    Not all states deny felons the right to vote.. I don't know about Arkansas. Plus, it may only be an Arkansas felony that concerns them...

    In terms of owning a firearm, I'd just try to buy one from a gun store.. They'll apply to the feds, and IF the feds DON'T have a problem with it, they'll issue the permit.

    excon
    booklady2012's Avatar
    booklady2012 Posts: 4, Reputation: 1
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    #6

    Aug 18, 2012, 12:05 PM
    Quote Originally Posted by excon View Post
    Hello b:

    Not all states deny felons the right to vote.. I dunno about Arkansas. Plus, it may only be an Arkansas felony that concerns them...

    In terms of owning a firearm, I'd just try to buy one from a gun store.. They'll apply to the feds, and IF the feds DON'T have a problem with it, they'll issue the permit.

    excon
    He's in TN, not AR, but he did take a hand gun course 3 years ago and when he applied for the permit, they came back and told him felons could not have a concealed weapon permit. In TN, anyone can own a gun as long as they do not conceal it. And in TN you cannot register to vote.
    We'll have to pursue the lawyer track to get it done- thanks for everyone's replies !
    odinn7's Avatar
    odinn7 Posts: 7,691, Reputation: 1547
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    #7

    Aug 18, 2012, 12:16 PM
    Quote Originally Posted by booklady2012 View Post
    when he applied for the permit, they came back and told him felons could not have a concealed weapon permit. In TN, anyone can own a gun as long as they do not conceal it.
    This may not be entirely correct.

    If he applied for a CCW and was denied as a felon, then he will not be legally allowed to own a gun in TN or any other state in the US. Felons are prohibited by Federal law and not State law.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #8

    Aug 18, 2012, 12:47 PM
    Quote Originally Posted by booklady2012 View Post
    We'll have to persue the lawyer track to get it done- thanks for everyones replies !
    Hello again, lady:

    You're way ahead of me then.. You already KNOW the feds STILL have his record...

    The only other avenue I might suggest is expungment. I don't know if TN has that provision, and I don't know, even if it's granted, whether that will make him eligible to vote... That may be something a lawyer can help you with...

    But, without a pardon, he'll NEVER own a gun.. And, at 71 with NO money, and NO political connections, he'll NEVER get a pardon.

    excon
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #9

    Aug 18, 2012, 02:33 PM
    Quote Originally Posted by excon View Post
    ...
    The only other avenue I might suggest is expungment. I don't know if TN has that provision, and I don't know, even if it's granted, whether that will make him eligible to vote... That may be something a lawyer can help you with...

    But, without a pardon, he'll NEVER own a gun.. And, at 71 with NO money, and NO political connections, he'll NEVER get a pardon.

    excon
    It doesn't matter if Tennessee does or does not. The conviction was in California. So the only way he could legally possess a firearm would be for California to pardon him.

    Without that, if he gets caught with one he can end up in Federal prison.
    booklady2012's Avatar
    booklady2012 Posts: 4, Reputation: 1
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    #10

    Aug 19, 2012, 08:22 AM
    Quote Originally Posted by odinn7 View Post
    This may not be entirely correct.

    If he applied for a CCW and was denied as a felon, then he will not be legally allowed to own a gun in TN or any other state in the US. Felons are prohibited by Federal law and not State law.
    Sorry- you are correct re him ever owning a gun. I meant that non-felons can own a gun without a carry permit in TN.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #11

    Aug 19, 2012, 08:32 AM
    Quote Originally Posted by booklady2012 View Post
    I meant that non-felons can own a gun without a carry permit in TN.
    Hello again, b:

    But, a non felon IS required to go through a background check by the feds in order to BUY the gun from a gun STORE in the first place... He didn't need to apply for the concealed permit to FIND out whether the feds had his records.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #12

    Aug 19, 2012, 08:51 AM
    Quote Originally Posted by booklady2012 View Post
    Sorry- you are correct re him ever owning a gun. I meant that non-felons can own a gun without a carry permit in TN.

    Non-felons can own a gun without a carry permit in a lot of States.

    In NY, for example, you only need a carry permit (or a concealed permit) if it's a pistol. Otherwise, you buy the gun, the background search is done, you either are allowed to purchase or not.

    Carry permits and "long guns" are two different things.
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