Forums
New posts
Search forums
What's new
New posts
New media
New media comments
Latest activity
Classifieds
Media
New media
New comments
Search media
Log in
Register
What's New?
Search
Search
Search titles only
By:
New posts
Search forums
Menu
Log in
Register
Navigation
Install the app
Install
More Options
Advertise with us
Contact Us
Close Menu
JavaScript is disabled. For a better experience, please enable JavaScript in your browser before proceeding.
You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an
alternative browser
.
Forums
The Range
Law & Order
Owning a rifle with a felony
Search titles only
By:
Reply to Thread
This site may earn a commission from merchant affiliate links, including eBay, Amazon, and others.
Message
<blockquote data-quote="owassopilot" data-source="post: 1627309" data-attributes="member: 16273"><p>Expungement typically only comes after a pardon or dismissal of a charge. It has to do with whether the record of conviction or arrest is viewable by the public or not. If a court vacates the conviction and expunges it, no, it's not a pardon, but it's like it never happened because the charges are dismissed. I know people that had an expungement of a felony charge and they have their full firearm rights, along with a concealed carry permit in Oklahoma.</p><p></p><p>Pardons come from the governor, yes. Expungements and dismissals come from the court that issued the verdict. If a DA agrees to dismiss and vacate the conviction, it's like it never happened, thus restoring your rights, and yes, protect you from federal charges as the law views it as if it never even happened. At that point, you are no longer "convicted". Both ways work, they are just different ways to the same goal.</p><p></p><p>You are correct only in the sense that an expungement ONLY will not restore your rights. I don't think there is such a thing as the ability to restore your state firearm rights, but not your federal. If you are ineligible to possess a firearm according to federal law, no state law can trump that. But no court is going to expunge a felony conviction without a pardon or agreement from the DA to dismiss the charges, or vacate the conviction. Each state has different rules on this though.</p></blockquote><p></p>
[QUOTE="owassopilot, post: 1627309, member: 16273"] Expungement typically only comes after a pardon or dismissal of a charge. It has to do with whether the record of conviction or arrest is viewable by the public or not. If a court vacates the conviction and expunges it, no, it's not a pardon, but it's like it never happened because the charges are dismissed. I know people that had an expungement of a felony charge and they have their full firearm rights, along with a concealed carry permit in Oklahoma. Pardons come from the governor, yes. Expungements and dismissals come from the court that issued the verdict. If a DA agrees to dismiss and vacate the conviction, it's like it never happened, thus restoring your rights, and yes, protect you from federal charges as the law views it as if it never even happened. At that point, you are no longer "convicted". Both ways work, they are just different ways to the same goal. You are correct only in the sense that an expungement ONLY will not restore your rights. I don't think there is such a thing as the ability to restore your state firearm rights, but not your federal. If you are ineligible to possess a firearm according to federal law, no state law can trump that. But no court is going to expunge a felony conviction without a pardon or agreement from the DA to dismiss the charges, or vacate the conviction. Each state has different rules on this though. [/QUOTE]
Insert Quotes…
Verification
Post Reply
Forums
The Range
Law & Order
Owning a rifle with a felony
Search titles only
By:
Top
Bottom