Friend with felony and gun rights?

S

Swan Hunter

New member
I had a casual friend call me last night asking advice and I don't have much.

He has run a TV repair business in small Southern IL town for 30 years or so.

He got some sort of felony for Pot in Wisconsin before he moved to IL over 30 years ago. He has no legal problems since.

He says there is a law both Fed & State that after 6 years (I think) you can petition for your gun rights. He did this. Went before Judge and had character witness etc. The Judge signed him OK.

Things have been fine for him when he got his FOID (IL) card things were cool but now, they require your DR. License on the application and it has triggered the WI Felony. They issued the FOID card but he said it is funky and basically says he can't own a gun...I haven't seen the card.

He had hoped the NRA might pick up his cause but I told him they don't usually get involved in individual cases like this.

Does anyone have any knowledge of this type of situation? He plans on checking with a lawyer.

Thanks
 
I believe he can petition the governor for a pardon, which would clear the record.

But in IL? Not likely. Blago does what Daley says, and that doesn't include pardoning ancient nonviolent offenses, only political crimes and embezzling by his cronies.
 
Actually....with a long run (7 years here) of a clean record and 'responsible' living (gainfully employment, etc.). You can have your civil rights restored by the State you were convicted in without a pardon. It is also contingent of What felony you committed.

A CCW however will require a pardon, at least in AZ.

Restoration of your civil rights (right to bear arms, vote) can be done w/o an attorney but is complex to a layman.

My brother went through this. He was convicted in 94' and had his rights restored last year.
 
But in IL? Not likely. Blago does what Daley says, and that doesn't include pardoning ancient nonviolent offenses, only political crimes and embezzling by his cronies.
Click to expand...

Bingo! Seriously, there isn't much you can do besides advise him to talk to a lawyer.
 
even if he got his state rights back, it would be the feds that would be his problem.
a person used to beabe to file for a releif from Federal Firearm Disabilities, but in 1992 the ATF has prohibited expending of funds to investigate people.
He could apply for a presidential pardon. better have a lawyer ck it out
 
I think what he needs is to talk to an attorney about filing for an expungement. Laws on expungements vary from state to state, but are allwed for generally nonviolent offenses, especially if the defendant can show a clean record since. They are very expensive, though. You've got lawyer's fees and court expenses to consider.
 
in tx...

state law says felons ok to have guns in the house, but fed law supersedes. a buddy of mine recently caught a very lucky break.
this guys a felon.
likes to hit the bars on his hog.
got a DWI
had his gun on him
he coulda got 10 years.
cop just kept the piece
hope i get that lucky some day
 
I believe he can petition the governor for a pardon

Yes, I have a friend who did just that.

He was convicted of a drunk driving incident with injuries.

However, he was a very distinguished banker with lots of influencial friends. He also was an avid duck hunter, which seems more 'normal' than being an IPSC player.

I do not know the financial costs of this process. I would bet that it's mighty steep and it doesn't have many successful stories.
 
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