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A recent decision from the Arizona Court of Appeals has made it possible for some out-of-state felons to restore their firearm rights in Arizona. See media report here. For the first time, the Court of Appeals held that Arizona courts have the power to evaluate and make determinations with respect to out-of-state convictions when determining whether to restore firearms rights for a person now living in Arizona. See State v. Gahary, Case No. 2 CA-CR 2021-0042 (Ariz. Court of Appeals August 23, 2021). Below is a brief summary of how to restore firearm rights in Arizona with a discussion of…

Like many states, Alabama prohibits persons convicted of a “crime of violence” from owning, possessing or having control over a firearm. See Ala. Code §13A-11-72(a). The Alabama statute is old, so it refers only to owning, possessing or having control over “pistols.” But the term “pistols” is deemed to cover any sort of firearm. Newer sections of 13A-11-72 use the term “deadly weapon.” Violation of §13A-11-72 carries a maximum prison sentence of five years (or up to ten years if the accused has possession of a “deadly weapon” with the “intent to do bodily harm” on the premises of a…

Like all states, Louisiana restricts firearm rights for those convicted of various felonies. The restrictions remain in place for ten years and are AUTOMATICALLY lifted once the ten years have passed (and the person has not been convicted of any other crime). However, in the past, the automatic restoration of firearm rights in Louisiana has NOT triggered restoration of rights under federal law. However, Louisiana has enacted a new law allowing some convicted felons to serve on civil and criminal juries. See media report here. This change may make it easier for felons to restore their firearm rights that are…

Given its size and the importance and prevalence of hunting, Alaska is unusual in the restrictions it places on firearm rights. For example, there are no restrictions on firearm rights because of mental incapacity or drug/alcohol use. The only basis for firearm rights restriction is a conviction for a felony crime. Further, only possession is restricted and then only possession of concealable weapons. Restrictions on firearm rights are automatically lifted after ten years have passed after “unconditional discharge” of the underlying conviction. Note, however, that federal law imposes more severe restrictions on firearm rights and federal law applies in Alaska.…

In some states, restoration of firearm rights can be accomplished by a process called expungement. In this article, we provide a brief explanation of what expungement means and how the process is accomplished. What does “expungement”mean? In general, the word “expunge” is a synonym for erase, delete, cross out or remove. However, by its meaning, the word expunge must have some object. Thus, one could say that a text message is expunged or writing on a white board is expunged. With respect to criminal and other legal proceedings, the same definitions and rules apply. “Expungement” is to erase, delete, cross…

In Michigan, persons convicted of felonies have their firearm rights restricted. Michigan does not restrict firearm rights on any other basis. See MCL Section 750.224f. Persons convicted of ANY felonies are not permitted “to possess, use, transport, sell, purchase, carry, ship, receive, or distribute” a firearm or ammunition. See Section 750.224f (1) and (3).  As in most states and under federal laws, restoration of firearm rights depends on the felony. For most felonies in Michigan, firearm rights are restored automatically once THREE years have elapsed after ALL of the following conditions co-exist: (a) The person has paid all fines imposed…

As most firearm enthusiasts know, the Federal Bureau of Investigation maintains a list of persons who are prohibited from possessing, owning or purchasing a firearm. This is called the National Instant Criminal Background Check System (“NICS”). If you go to a gun dealer, before selling you a firearm, the dealer will check the NICS to ensure that you are not prohibited from purchasing a firearm. Persons who have had their firearm rights restricted under state law will be placed on the NICS. Likewise, with those who have their firearm rights restricted by federal law. However, under various state laws, firearm…

Firearm rights restrictions are difficult to restore in Wyoming. Firearm rights are restricted inWyoming if a person is convicted of a “violent” felony. Essentially, only obtaining a pardon willsucceed in restoring firearm rights based on a violent felony conviction. Moreover, the Wyomingexpungement statutes have been deemed defective for purposes of restoring firearm rights thatare restricted by federal law. Here is a quick rundown. Background: Wyoming Firearm Restrictions Firearm rights are restricted in Wyoming pursuant to Wyoming Statutes § 6-8-102 whichprohibits possession or use of firearms by anyone convicted of a violent felony. Note also thatthe statute contains an exception for…

How a “firearm” is legally defined has far-reaching practical and legal implications. What is defined as a “firearm” is almost always set out in a relevant state or federal statute. This is one reason it is essential to retain local legal representation to obtain advice and counsel on firearm rights and rights restoration. Your local attorney will know the law and be able to identify how “firearm” is defined in your jurisdiction. Interestingly enough, how a firearm is legally defined is a sword with two edges for purposes of Second Amendment firearm rights and for rights restoration. On the one…

In the early 2010s, two state legislatures – Montana and Wyoming – passed the Firearms Freedom Acts. The Firearm Freedom Acts were intended to invoke the Tenth Amendment to the US Constitution, passed in 1789, which reserved to the States all rights and powers not otherwise granted to Congress by the Constitution. In particular, the Constitution gives Congress power and authority over interstate commerce. Many argue that, under the Tenth Amendment, purely intrastate commerce – commerce wholly within the borders of a state – is beyond the power of Congress to regulate. Thus, the Firearm Freedom Acts were intended to…