August 22, 2021
Roadblocks to Restoring Your Firearms License
With suitable legal representation, it’s possible to regain your firearms license without appearing in front of a court. Many value firearms possession as a critical second amendment right.
However, depending on what led to revoking your firearms license, you may face some roadblocks.
What Are Some Roadblocks To Restoring My Firearms License?
If a court finds you guilty of any felony conviction, it automatically leads to losing your right to possess firearms. In addition, any violent offense convictions may also hinder your ability to regain your right to carry arms.
This rule stems from the federal Gun Control Act of 1968, which states you cannot possess a firearm if you have been convicted of a crime “in any court” that carries a maximum punishment of more than one year in prison.
Under 18 U.S.C. 921(a)(20), a felony conviction does not prevent you from possessing a firearm if your civil rights have been restored or your conviction has been vacated.
Regardless of the federal law, you’d work to restore your gun rights in state court first, not federal.
Other issues that may prevent you from restoring your firearms license can be if you were committed to any mental health institutions. Under 18 U.S.C. 922(g)(4), you cannot own or possess a firearm if you have been “adjudicated as a mental defective” or have “been committed to a mental institution.”
In addition to federal law, many domestic violence misdemeanor offenses will also cause your license to be revoked. These include convictions for:
- Assault in the Fourth Degree
- Stalking
- Coercion
- Reckless Endangerment
- Criminal Trespass in the First Degree
- Violations of a Protection Order or No Contact Order
You need to meet specific criteria to qualify to have your firearm rights restored. Primarily, if you were found guilty of a sex offense or Class A felony charge, the court will not restore your firearm license. Also, you may not be currently facing prosecution for any criminal charge.
What Can I Do To Reinstate My Firearms License?
If you’re looking to reinstate your firearms license, contact the VanWa law firm right away. We can help you file a petition to restore firearm rights in Vancouver, WA, and much of Southwest Washington. If your petition is denied, then you can seek judicial review in federal court.
If you were convicted of a felony, you must show you have gone at least five consecutive years without being convicted of any crimes before a court will consider restoring your firearms license.
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