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Some Things to Know About Georgia Firearm Rights Restoration

Georgia is a very pro-firearm ownership state. There are, for example, no requirements for permits or licensing to buy or possess a firearm, no gun registration requirements and there are no background checks before purchase. Georgia has two types of firearm licenses: weapons carry and concealed carry. A weapons carry license is needed to carry a handgun, but is not required for a person to carry on his or her property or inside his or her home, motor vehicle, or place of business. There are also exceptions if the handgun is loaded and kept in a case and for carrying…

SCOTUS Watch: Police Cannot Seize Weapons Without Warrant Based on “Wellness Check”

While not strictly about restoring firearm rights, the recent US Supreme Court case of Caniglia v. Strom, Case No. 20–157 (May 17, 2021) provides important protections for firearm owners in some states and may have important implications for “red flag” laws. Some states – like California – restrict the rights of firearm owners on the basis of mental health deficiencies, addictions and other reasons. Caniglia is important because it means that in those states, a mere allegation of mental ill health or addiction cannot be the basis for law enforcement to automatically seize weapons. A warrant from a judge is…

Firearm Rights Restoration in New Hampshire

Firearm rights are restricted pursuant to New Hampshire law for two categories of felony convictions: Conviction of a felony “against the person or property of another” under New Hampshire law and Conviction for a felony drug offense under federal laws or under the laws of any State See N.H. Rev. Stat. § 159:3. Interestingly enough, the definition of “firearm” is very broad including various types of guns and also slingshots (a heavy weight affixed to a handled cord), metallic knuckles, billies, stilettos, switchblade knives, sword canes, blackjacks, daggers, dirk-knives and “other deadly weapons.” Can firearm rights lost under New Hampshire…

News: Illinois Supreme Court Strikes Down Gun/Ammunition Tax

Over the last couple of years, the Illinois Supreme Court has proven that it takes Constitutional firearm rights seriously and that it is quite supportive of firearm rights in general. The court has recently issued two opinions that are enormous victories for firearm rights restoration in Illinois and, more importantly, are both very helpful for restoration of federal firearm rights. Case in point is Guns Save Life, Inc. v. Ali, 2021 IL 126014 (Ill. Supreme Court October 21, 2021). In that case, the Court struck down – as unconstitutional – a tax imposed by Cook County, Illinois on the sale…

Quick Guide to Firearm Rights Restoration in Ohio

The Second Amendment to the US Constitution guarantees the rights of citizens to own and carry firearms. The Constitution of the State of Ohio also guarantees firearms rights by declaring that “[t]he people have the right to bear arms for their defense and security…” But, under some circumstances, a person’s rights to own and possess firearms can be restricted. If any of these circumstances apply to you, under Ohio statutes, it may be possible to have your firearms rights restored. This website is a resource to help you find local legal representation to review the facts of your case, to…

Firearm Rights and District of Columbia v. Heller

If you have had your rights restricted or curtailed with respect to owning and using firearms, in some circumstances, your rights can be restored with the help of a local experienced firearm rights-focused attorney. In pursuing restoration of your rights, it is useful to understand where your rights are protected, what those protections mean and why your rights can be restricted. For that purpose, in this article, we provide a brief review of the landmark US Supreme Court Second Amendment case District of Columbia v. Heller, 554 US 570 (US Supreme Court 2008) (hereinafter “Heller”). Heller is the case that…

Domestic Violence Convictions and Restoring Federal Firearm Rights

Under current federal and state laws, a conviction for domestic violence – either felony OR misdemeanor – will result in firearm rights restrictions. Restoring those rights is very difficult. Both federal and state laws are highly relevant. Under federal law – 18 U.S.C. § 922(g)(9) – if a person is convicted of domestic violence in either federal or state court, this will result in a ban on the person’s right to own and possess firearms under federal law. Likewise, under all state laws, a person convicted of domestic violence will have their state-based firearm rights restricted. In this article, we…

A Few Things To Know About Firearm Rights Restoration in West Virginia

Having one’s firearm rights restored in West Virginia can be difficult. Like in many states, however, the application process is relatively simple. A person seeking firearm rights restoration files a written petition at his or her local county courthouse asking a judge to restore their firearm rights. Under West Virginia Code § 61-7-7(f), the petition can be granted if the “… court finds by clear and convincing evidence that the person is competent and capable of exercising the responsibility concomitant with the possession of a firearm … [and] if such possession would not violate any federal law.” This may seem…

Firearm Rights Restoration Litigation News: Hirschfeld v. ATF

The number of ways in which firearm rights can be restricted is seemingly endless. As will be seen from our discussion below of the Hirschfeld case, vindicating your firearm rights often requires the strength, fortitude and persistence to initiate and prosecute litigation through layers of trial and appeal. And, of course, protecting and restoring firearm rights requires the assistance of experienced local legal counsel with deep knowledge of firearm rights. This is the purpose of this website: to help you find attorneys in your area that can help you restore and vindicate your Second Amendment rights. Sometimes, restoring your firearm…

Can Upgrading My Discharge Help Restore My Firearm Rights?

It can be difficult, but, yes, it is possible that upgrading your discharge status can restore your firearm rights. Federal law prohibits anybody who “has been discharged from the Armed Forces under dishonorable conditions” from possessing firearms or ammunition. See 18 U.S.C. § 922(g)(6). Note that the language in the statute does NOT mention those who were “dishonorably discharged” – rather the statute restricts firearm rights for those who were discharged “under dishonorable conditions.” Thus, even if you are successful in upgrading your discharge status from “dishonorable” to something like “other than honorable,” that will not necessarily restore your firearm…