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Thread: Restoration of Firearm Rights

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    Restoration of Firearm Rights

    Hello all. I have been lurking on this site for quite awhile and decided to write my first post. I know some of you will support me and some will oppose. I respect everyone's opinion and welcome any comments. First of all a little background. I am a 33 year old father of a beautiful 18 month old girl who I adore and a loving husband. 13 years ago While working at a store I made the worst decision of my life and let a friend talk me into doing something wrong(It was my decision so I place blame on myself only). He asked if I would let him come through my checkout and not charge him for something. I said ok since he got me the job and out he went. Well it seemed so easy we started a racket of letting some friends walk out without paying for merchandise for cash later. That choice I made has haunted me ever since. When I showed up one day I was called in the office and asked about it and I admitted everything and wrote my confession cause I had been feeling sick to my stomach the past couple weeks. Well I was arrested, charged, and convicted of Felony Embezzlement. Since being a first time offender I received a suspended sentence, probation, and ordered to pay restitution. Well I paid every penny back and served 5 years probation. Since then I have gotten a speeding ticket and that is it. I made a mistake, I paid for it. Before this happened I was an avid sportsman and did a lot of hunting. Well as you all know NO GUNS FOR YOU! I was always going target shooting and still have a nice collection of shotguns old and new that I inherited from my grandfather and great-grandfather(They are all at my parents house). Well I am hoping I get my Gun rights restored and on July 11th I have my hearing in front of the judge. My attorney has told me the Commonwealth has signed off on it so all I need now is a Judge who understands. I hope to report back good news in a few weeks. Sorry for the long post and hope to talk soon.

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    Activist Member Wolf_shadow's Avatar
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    My theory is you made a mistake, paid the price. So good luck.

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    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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    Good luck.

    Many people make mistakes in their lives.
    I hope you have become a more responsible person.

    I hope this isn't in bad taste, but I would recommend not confessing to anything, especially not in writing.
    Your 4th and 5th amendment rights may protect you in certain circumstances, but not if you willingly confessed.

    Have you done research on the process to restore your rights?

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    Quote Originally Posted by DanNabis View Post
    Good luck.

    Many people make mistakes in their lives.
    I hope you have become a more responsible person.

    I hope this isn't in bad taste, but I would recommend not confessing to anything, especially not in writing.
    Your 4th and 5th amendment rights may protect you in certain circumstances, but not if you willingly confessed.

    Have you done research on the process to restore your rights?
    Nope not in bad taste at all. I think about what would have happened all the time if I had kept my mouth shut however, I did it, I owned up to it and moved on. Yes I have researched and researched I have even had to correct my attorney.

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    Regular Member Liberty-or-Death's Avatar
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    rmitcheltree5001:

    Welcome to the forum, we hope we act like stand up guys here and never mistreat you. Let the past lie there, and leave it be.

    μολών λαβέ
    Be active.

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    imho, they should not have taken your gun rights away for a crime that didn't involve using a gun against someone improperly.

    Hope it works out for you.
    *I am not a lawyer. Nothing from me shall be construed as a magic cloak of legal advice. It's ultimately your tucas that's on the line. Keep examining the law anyway. The gov't, made up of people like us, is supposed to work for us, not against us. Let's find, correct, and avoid the wrongs before they're actively used against us, or we become innocently trapped by them. We're to be the masters. Let's vigilantly keep tabs on our servants who seek to rule us.

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    Welcome rmitchell! There's not a one of us perfect here (or anywhere), so you're in good company. Sounds like you've learned from your error and were torn up about it even before you were formally caught. You're a good example for any of us: Learn from your mistakes and don't repeat them. Good luck with the rights restoration!

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    Campaign Veteran skidmark's Avatar
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    Welcome to OCDO. I'm guessing you are in Virginia, so join VCDL www.vcdl.org . Check to see where the OC events are in you area and show up.

    As for your past and what you can do about it? You already know about hiring an attorney to process your petition to the Governor for a full pardon and restoration of all their civil rights, specifically including the right to keep and bear arms. However, I'm not sure the current occupant of that exalted office would be willing to do so if Mother Teresa were the petitioner. You can either roll the dice now or decide to wait in hopes that there will be a more favorable officeholder in four years.

    In either case, you should consider building your portfolio of letters of support from both "movers and shakers" and friends and neighbors. It is always good when political folks from your Board of Selectmen/City Council to your Delegate & Senator say you are a good guy who has not only been a model citizen ever since but deserves a second chance. It is often even better when your neighbors put in writing that they would not fear you if you were to have a firearm.

    Should you get the pardon and restoration of your right to keep and bear arms, you will merely face the hurdle of the federal NICS check.

    stay safe.
    Last edited by skidmark; 06-20-2014 at 09:38 AM.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

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    Regular Member TFred's Avatar
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    Quote Originally Posted by skidmark View Post
    Should you get the pardon and restoration of your right to keep and bear arms, you will merely face the hurdle of the federal NICS check.
    Raises an interesting question. So maybe for convenience, he'll first choose the private sale route.

    Here's the question:

    What would it take for you, a gun seller, to be comfortable selling a firearm to a convicted felon who's had his rights restored? Would you take their word for it? Would you want to see the letter? Confirm its authenticity with the authorities?

    Just an interesting thought, in no way do I mean to add any doubt to the OP here. Things he might face in the future though.

    TFred

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    Quote Originally Posted by TFred View Post
    Raises an interesting question. So maybe for convenience, he'll first choose the private sale route.

    Here's the question:

    What would it take for you, a gun seller, to be comfortable selling a firearm to a convicted felon who's had his rights restored? Would you take their word for it? Would you want to see the letter? Confirm its authenticity with the authorities?

    Just an interesting thought, in no way do I mean to add any doubt to the OP here. Things he might face in the future though.

    TFred
    I thought that was what the NICS check was for. Call/type it in and wait for the feds to tell you the guy has a felony record and please stall him while the State Police are trying to arrive.

    Or are you referring to a private sale? The pardon is not a letter. It's a somewhat impressive document with seals and foil and doo-dads. If you have never seen one before it will be impossible to know if what you are looking at is fake or not. IMHO one of the best tests would be whether or not the guy is willing to wait the few days it will take you to verify the authenticity (a call to the Secretary of the Commonwealth is usually all it takes).

    As a private seller, how would you know the guy has a felony record unless he told you. Most of the time private sellers are going on the provisions of the law that only prohibit "knowingly" selling/transferring to someone with a record. Make an error in good faith and force the .gov to prove you had prior knowledge.

    Some folks like bills of sale because they have a place for the buyer to sign an affermation that they are legally able to make the purchase. Other folks are not as paranoid.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

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    Quote Originally Posted by skidmark View Post
    I thought that was what the NICS check was for. Call/type it in and wait for the feds to tell you the guy has a felony record and please stall him while the State Police are trying to arrive.

    Or are you referring to a private sale? The pardon is not a letter. It's a somewhat impressive document with seals and foil and doo-dads. If you have never seen one before it will be impossible to know if what you are looking at is fake or not. IMHO one of the best tests would be whether or not the guy is willing to wait the few days it will take you to verify the authenticity (a call to the Secretary of the Commonwealth is usually all it takes).

    As a private seller, how would you know the guy has a felony record unless he told you. Most of the time private sellers are going on the provisions of the law that only prohibit "knowingly" selling/transferring to someone with a record. Make an error in good faith and force the .gov to prove you had prior knowledge.

    Some folks like bills of sale because they have a place for the buyer to sign an affermation that they are legally able to make the purchase. Other folks are not as paranoid.

    stay safe.
    Virginia does not issue full pardons unless there are very unusual circumstances. Assuming you have already applied for a received a restoration of civil rights from the Governor, all you need to do is follow the advice of your attorney. One the Judge signs off on it, the information will be sent to the Virginia State Police. Then the VSP will tell you how to fill out the form to purchase. Most likely your approval or processing time "might" take a little longer, but then again it might not. Be patient after all they are government works. If you have not visited the Secretary of the Commonwealth and VSP web pages that explain all this I suggest you do.

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    I appreciate everyone's comments and advice. I already have had my civil rights restored and my attorney is helping me out. As for NICS that will be a whole different animal. On form 4473 where the question states have you ever been convicted of a felony? If you look at the subsection for it I get to answer no due to my civil rights were restored which lifts the Federal ban. The issue I am having now is my attorney wrote up the petition for me to be able to hunt with a shotgun or rifle..Well during my research I came across Caron vs United States in which the supreme court ruled If the court restricts my firearm than I am being labled as more dangerous than a law abiding citizen and therefore I would be in violation of federal law so thats what we are going to argue in court.

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    Quote Originally Posted by rmitcheltree5001 View Post
    I appreciate everyone's comments and advice. I already have had my civil rights restored and my attorney is helping me out. As for NICS that will be a whole different animal. On form 4473 where the question states have you ever been convicted of a felony? If you look at the subsection for it I get to answer no due to my civil rights were restored which lifts the Federal ban. The issue I am having now is my attorney wrote up the petition for me to be able to hunt with a shotgun or rifle..Well during my research I came across Caron vs United States in which the supreme court ruled If the court restricts my firearm than I am being labled as more dangerous than a law abiding citizen and therefore I would be in violation of federal law so thats what we are going to argue in court.
    In my non legal opinion I believe your attorney made a mistake. The State Police can and will provide guidance. The court order (in your local circuit court) should read something to the effect of restoring your right to own and possess firearms. It is that simple. Anything more is worthless. Leave hunting, selling, collecting out of the petition. All that comes with the right to own and possess.

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    Accomplished Advocate peter nap's Avatar
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    Quote Originally Posted by Wolf_shadow View Post
    My theory is you made a mistake, paid the price. So good luck.

    sent using tapatalk
    Agree! Good Luck.

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    Coming from a man who has also made a few mistakes, my rights were restored 4/11/14. One week before my 33rd bday. My situation is eerily similar to yours. Pm me if you have any questions.
    Last edited by Front Royalty; 06-30-2014 at 11:35 PM.

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    Well my court date is tomorrow. I will let you all know what happens as soon as I can. Would like to thank everyone for not bashing my past and understanding I made a one time stupid mistake. Just trying to feel like a citizen again. Talk soon

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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by rmitcheltree5001 View Post
    Well my court date is tomorrow. I will let you all know what happens as soon as I can. Would like to thank everyone for not bashing my past and understanding I made a one time stupid mistake. Just trying to feel like a citizen again. Talk soon
    Good Luck.
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



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    I think its stupid that non-violent felons lose gun owning rights anyways... good luck to you!

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    Just got back from court. My attorney who is also a friend of mine and who also worked for the hampton commonwealth office pulled me aside when I got there and said he talked with the commonwealth and they were good with it. Got called up, stood there while my Attorney made his speech, Judge asked if there was any objections and the answer was no,motion granted. Glad that part is over with. I guess I owe my friend a dinner or something seeing he only charged me 250.00 to do this for me..lol Now just waiting for my certified court order to submit to VSP and go from there.

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    Regular Member cjohnson44546's Avatar
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    Quote Originally Posted by rmitcheltree5001 View Post
    Just got back from court. My attorney who is also a friend of mine and who also worked for the hampton commonwealth office pulled me aside when I got there and said he talked with the commonwealth and they were good with it. Got called up, stood there while my Attorney made his speech, Judge asked if there was any objections and the answer was no,motion granted. Glad that part is over with. I guess I owe my friend a dinner or something seeing he only charged me 250.00 to do this for me..lol Now just waiting for my certified court order to submit to VSP and go from there.
    congrats!

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    Great news!

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    Glad to hear the good news.

    stay safe.
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  23. #23
    Activist Member Wolf_shadow's Avatar
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    Good news. Congratulations.

    sent using tapatalk
    Yes I carry a Bible and a Gun, your point.
    Vindiciae Contra Tyrannos (meaning: "A defence of liberty against tyrants")
    Benjamin Franklin said, "A government that does not trust it's citizens with guns is a government that should not be trusted."



  24. #24
    Moderator / Administrator Grapeshot's Avatar
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    Gotta love happy endings to stories - CONGRATULATIONS!
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    outstanding, ptL!
    congratulations
    Someone I know had their rights restored in VA from a VA conviction. Recently he was in WV on a temporary job, came into some money, and went shopping for a shotgun while he was there for hunting back home. He got denied by the NICS. WV rules require additional steps if one was a felon but had their rights restored.
    Just wanted you to be aware that your status here in VA might not be as thoroughly corrected elsewhere across the nation.
    Since every infringement is unConstitutional, arbitrary, and unpredictable, and vary widely from state to state, just wanted to share that 2nd hand experience as a heads up.

    It also was an example of a denial by the NICS, not because someone was deliberately trying to break a law or sneak past the system, but merely was disqualified in a different jurisdiction without completing unknown additional administrative processes. Same person fills out the same form and answers the same questions the same way in VA, he passes (which he did soon after), yet fails in WV a few weeks prior.

    All affronts, violating our Constitutionally enumerated rights - basturds

    Thrilled again for you and your family.
    Last edited by ChristCrusader; 07-13-2014 at 08:36 AM.
    *I am not a lawyer. Nothing from me shall be construed as a magic cloak of legal advice. It's ultimately your tucas that's on the line. Keep examining the law anyway. The gov't, made up of people like us, is supposed to work for us, not against us. Let's find, correct, and avoid the wrongs before they're actively used against us, or we become innocently trapped by them. We're to be the masters. Let's vigilantly keep tabs on our servants who seek to rule us.

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