Currently in the U.S., we have a real mish-mash of laws, as it regards firearms. There are many local and State laws to take into account. Then there are Federal laws.
This is where we run into real problems.
On the Federal level, we have a procedure to restore the gun-rights rights of Felons (18 U.S.C. § 925(c)). But even that process does not cover those prohibited persons who have been convicted under DVMC (Lautenberg). In addition, Congress has refused to fund this section of the Federal gun laws, so relief of disability is a theory only, not a practicality.
Then there are States that have indeterminate sentencing for all misdemeanors. Remembering that if any conviction can result in a sentence of more than a year, you are a prohibited person (18 U.S.C. § 922(d)(1)).
MD is such a State. Under MD Statutory law, any misdemeanor conviction can result in incarceration of up to 3 years, under strict guidelines - most first time offenses result in much less. But the feds have concluded that a MD misdemeanor conviction will result in your being a prohibited person for life. See Schrader v. Holder.
Federal Law allows for the removal of prohibited status, if you have had your rights restored at the State level, according to State law.
There's a catch to this. If the violation was domestic violence, regardless of any State law or State action, you will be a prohibited person for life (see, generally, 18 U.S.C. § 925(a)). See Enos v Holder.
So the supposed remedies are not altogether as clear and straight forward as some make it out.
However, for those that do have such singular events with crimes of little harm, then there is indeed already a process in place for restoration of rights.
This is where we run into real problems.
On the Federal level, we have a procedure to restore the gun-rights rights of Felons (18 U.S.C. § 925(c)). But even that process does not cover those prohibited persons who have been convicted under DVMC (Lautenberg). In addition, Congress has refused to fund this section of the Federal gun laws, so relief of disability is a theory only, not a practicality.
Then there are States that have indeterminate sentencing for all misdemeanors. Remembering that if any conviction can result in a sentence of more than a year, you are a prohibited person (18 U.S.C. § 922(d)(1)).
MD is such a State. Under MD Statutory law, any misdemeanor conviction can result in incarceration of up to 3 years, under strict guidelines - most first time offenses result in much less. But the feds have concluded that a MD misdemeanor conviction will result in your being a prohibited person for life. See Schrader v. Holder.
Federal Law allows for the removal of prohibited status, if you have had your rights restored at the State level, according to State law.
There's a catch to this. If the violation was domestic violence, regardless of any State law or State action, you will be a prohibited person for life (see, generally, 18 U.S.C. § 925(a)). See Enos v Holder.
So the supposed remedies are not altogether as clear and straight forward as some make it out.