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Gun Rights Restoration

One of the first rights enshrined in the U.S. Constitution is the Second Amendment, the right to keep and bear arms. However, this right isn't always afforded to everyone, most notably those with a felony on their record, among other instances. In some cases, your Second Amendment rights can be totally or partially restricted.

You may find that when your 2nd Amendment rights are restricted, other rights and privileges will be affected as well.

 

Gun Control Act

In 1968 the Gun Control Act allowed the government to eliminate one's firearm and gun rights if a specific offense has been committed. The Gun Control Act provides for felonies (with a sentence of at least one year and one day) as a means to deny gun ownership.

Other limits or restrictions for gun ownership include certain offenses such as drug crimes, domestic violence and more.

Other reasons for being denied gun ownership include mental healt adjudications, being unlawfully in the United States, dishonorable discharge from the armed forces, or renouncing one’s citizenship.

 

State Laws

Although federal law, such as the Gun Control Act, limits gun and firearm ownership, states also have their own unique laws and regulations in regard to gun rights. Some states are more lenient towards gun ownership, while other states can be more restrictive. First-time offenders and nonviolent criminals may find that their state is more compliant towards them, in regard to gun rights. Most conservative leaning states have less restrictive laws in relation to gun ownership.

 

Pathways to Gun Rights Restoration

There are several legal pathways to restore gun rights:

    Expungement: This involves having your record completely expunged.

    Restoration of Civil Rights: In some states, if all your civil rights are restored, the federal government automatically lifts any firearm prohibitions against you.

    Pardon: Receiving a pardon from the Governor or President can restore your gun rights.

 

Purchasing a Firearm

When buying a long gun or handgun from a licensed gun dealer, you are required by law to complete a background check via the federal government. In some cases, an individual may either be denied or delayed in receiving the right to buy a gun. Occasionally an individual’s background information may contain errors or discrepancies.

The National Instant Criminal Background Check System (NICs) is important when trying to obtain a gun, or a concealed carry license.

 

Restoring gun rights is a complex process that varies significantly based on state and federal laws. Certain law offices and attorneys can provide valuable guidance and help in restoring your 2nd Amendment rights. Gun ownership is a constitutional and fundamental right, and you have certain options available to you.

 

Our boutique law firm focuses in firearm related law. Please call us at 888.399.7863 or email us at info@munitionsgroup.com.

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