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Thread: Legal question

  1. #1
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    Legal question

    Not sure if anyone here can help me but I'm going to give it a shot....no pun intended.
    I live in Wisconsin, have all of my life. Over 24 years ago, I got myself into trouble while driving a car with falsified plates on it and received a felony on my record for it.
    I haven't been in any legal trouble since and would like to purchase a handgun for protection.
    I tried to buy one at a local dealer, having forgotten all about this conviction, and received my record indicating this was on it.
    Is there anything I can do to get this off of my record? Can I hire an attorney to fight this for me? Perhaps a pardon?
    Any advise would be greatly appreciated.
    Thanks!

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    Consult an attorney

    You should consult an attorney, preferably one who is familiar with gun laws, to advise you on this.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  3. #3
    Regular Member muskyfever's Avatar
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    Exclamation Felony Record

    As far as i know,That if you are convicted felon you are not to own or carry a firearm.I think it is a federal Law.

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    Does federal law prohibit ownership and carry by felons? Or just the sale to felons?

    I know the sale is illegal, but cannot find any reference to ownership and carry in federal law.

    I know that many State laws prohibit ownership and carry. However, that varies from State to State.

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    Regular Member Coded-Dude's Avatar
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    Anyone who has been convicted of a felony is banned by federal law from ever possessing “any firearm or ammunition." Specifically a person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. 18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for felon gun possession is up to 10 years in prison.

    Read more at Suite101: Gun Ownership by Convicted Felons: Exceptions to the Federal Prohibitions http://www.suite101.com/content/gun-...#ixzz15084kBJJ

    The rule prohibiting felon gun ownership has some exceptions. There is specific statutory language providing that the federal criminal firearms possession does not apply to individuals who have had their civil rights restored by the state in which they where convicted of the felony.
    Talk to an attorney.
    If guns cause crime.....mine must be defective.

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    Quote Originally Posted by Coded-Dude View Post
    ...
    922(g) prohibits a felon from possessing a firearm "in or affecting commerce." Does this provision prohibit him from possessing a firearm at all? It doesn't seem to do so. I don't see how this would disable him from continuing to possess a firearm that he lawfully possessed prior to the felony conviction. It sure would stand in the way of him acquiring one.

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by eye95 View Post
    922(g) prohibits a felon from possessing a firearm "in or affecting commerce." Does this provision prohibit him from possessing a firearm at all? It doesn't seem to do so. I don't see how this would disable him from continuing to possess a firearm that he lawfully possessed prior to the felony conviction. It sure would stand in the way of him acquiring one.
    Don't jump on me because I know this isn't right, but given the arguments the government has used to argue commerce in the past, this one is a walk in the park.

    It would be affecting commerce because the felon retaining possession would mean not selling it, which would affect commerce.

    Stupid, I know.
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    Quote Originally Posted by sultan62 View Post
    Don't jump on me because I know this isn't right, but given the arguments the government has used to argue commerce in the past, this one is a walk in the park.

    It would be affecting commerce because the felon retaining possession would mean not selling it, which would affect commerce.

    Stupid, I know.
    I understand the "interstate commerce" misuse. However, the use of the tense indicates the law is talking about a gun presently "in or affecting commerce." In other words, a gun he owned prior to his conviction would not currently be "in or affecting commerce," even though it may have been at one time. The law seems to prevent him from purchasing a gun, because it is currently in commerce--but then, so would the prohibition on selling felons guns.

    So, is there a more clear federal prohibition against felons possessing guns, or do we have to ignore the interstate commerce clause and tense, to twist this law into such a prohibition.

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    Regular Member sultan62's Avatar
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    Quote Originally Posted by eye95 View Post
    I understand the "interstate commerce" misuse. However, the use of the tense indicates the law is talking about a gun presently "in or affecting commerce." In other words, a gun he owned prior to his conviction would not currently be "in or affecting commerce," even though it may have been at one time. The law seems to prevent him from purchasing a gun, because it is currently in commerce--but then, so would the prohibition on selling felons guns.

    So, is there a more clear federal prohibition against felons possessing guns, or do we have to ignore the interstate commerce clause and tense, to twist this law into such a prohibition.
    It would be 'affecting' commerce because if it were to be sold, it would increase commerce. Therefore, not to sell it effectively decreases commerce.
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    Regular Member Coded-Dude's Avatar
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    I thought the OP wanted to know if he could buy a gun, not legally carry one that he previously owned. did I mis-read something? Is one forced to turn over any firearms after a felony conviction?
    If guns cause crime.....mine must be defective.

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    Quote Originally Posted by Coded-Dude View Post
    I thought the OP wanted to know if he could buy a gun, not legally carry one that he previously owned. did I mis-read something? Is one forced to turn over any firearms after a felony conviction?
    Sellers are barred from selling him a firearm.

    The first sentence in the quote in post #5 triggered a tangent discussion.

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    Sorry, I don't know how I missed the OP and thanks for stirring it back to the top of the 'pot.
    The statutes are; Wisc. Stats. § 941.29 and 18 USC 925(c) and "18 USC app. 1203". Good luck.

    (2) A person specified in sub. (1) is guilty of a Class G felony if he or she possesses a firearm under any of the following circumstances: [ ... ](a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (1) (a) or (b).

    Quote Originally Posted by julieae View Post
    Not sure if anyone here can help me but I'm going to give it a shot....no pun intended.
    I live in Wisconsin, have all of my life. Over 24 years ago, I got myself into trouble while driving a car with falsified plates on it and received a felony on my record for it.
    I haven't been in any legal trouble since and would like to purchase a handgun for protection.
    I tried to buy one at a local dealer, having forgotten all about this conviction, and received my record indicating this was on it.
    Is there anything I can do to get this off of my record? Can I hire an attorney to fight this for me? Perhaps a pardon?
    Any advise would be greatly appreciated.
    Thanks!
    Last edited by Doug Huffman; 11-12-2010 at 11:59 AM.

  13. #13
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    I thought being a felon you cannot have any guns, hand or long.

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    Quote Originally Posted by julieae View Post
    Not sure if anyone here can help me but I'm going to give it a shot....no pun intended.
    I live in Wisconsin, have all of my life. Over 24 years ago, I got myself into trouble while driving a car with falsified plates on it and received a felony on my record for it.
    I haven't been in any legal trouble since and would like to purchase a handgun for protection.
    I tried to buy one at a local dealer, having forgotten all about this conviction, and received my record indicating this was on it.
    Is there anything I can do to get this off of my record? Can I hire an attorney to fight this for me? Perhaps a pardon?
    Any advise would be greatly appreciated.
    Thanks!
    Since it was a non violent crime and it has been 24 years, assuming no misdemeanors worse that a traffic ticket, you should have a good shot at getting your rights restored with a proper petition to the courts. Find an attorney that has good experience in this discipline and talk to them. It will cost quite a bit.

    Last edited by OldCurlyWolf; 11-12-2010 at 05:18 PM.
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    Quote Originally Posted by OldCurlyWolf View Post
    Since it was a non violent crime and it has been 24 years, assuming no misdemeanors worse that a traffic ticket, you should have a good shot at getting your rights restored with a proper petition to the courts. Find an attorney that has good experience in this discipline and talk to them. It will cost quite a bit.
    http://wilawlibrary.gov/topics/stora...structions.pdf
    http://wilawlibrary.gov/topics/storage/clemencyfaq.pdf

    The petition is not to the courts or even to the judiciary, but to the Chief Executive of the administrative branch of government. In Wisconsin, a "traffic ticket" is a civil infraction not even rising to the level of misdemeanor. Neither is "non violent crime" a consideration. There is no need for an attorney, the requirements, forms and applications are on-line (unlike the OP).
    Last edited by Doug Huffman; 11-12-2010 at 05:48 PM.

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