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ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More

Can a Convicted Felon Purchase or Possess Any Type of Firearm?

Being a practicing attorney who handles firearms questions and legal issues, Ciyou & Dixon, P.C.’s attorneys, including Bryan L. Ciyou, encounter a number of routine questions and misconceptions as it relates to firearms. One area of constant inquiry and some misunderstanding is whether a felon may purchase or possess a firearm of any type at any time and circumstance.

As a general proposition, there is a bright-line rule (black and white) under federal law that prohibits any person convicted of a felony from purchasing or possessing any type of firearm. While there is a provision of federal law that would allow certain felons to have their rights to purchase and possess firearms restored, Congress has not funded this provision of the law. As such, ATF has no ability to use this legal mechanism.

Over the few decades, state and federal penal laws have proliferated, and a whole class of crimes heretofore that were not felonies now fall into this class. There are pervasive arguments advanced for allowing non-violent felons to have their firearms rights restored. However, outside a pardon, these positions have yet to gain legal traction and be implemented.

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In addition, under the Brady law, a person convicted of a misdemeanor crime of domestic violence is also so prohibited from purchasing, possessing and/or carrying firearms. State and federal law does not differentiated between handguns and long guns. This distinction generally applies to a person who must have a license to carry a handgun.

There are a number of other categories of people who are prohibited possessors, such as persons dishonorably discharged or adjudicated mentally defective.

Nevertheless, a common question received by firearms’ attorneys and AFT is what type of weapons (firearms) a convicted felon (post-incarceration, parole, and probation) may possess if any. While state law may vary, and the federal exception is very technical, it may be possible for a felon to purchase, possess, and carry certain muzzleloading firearms.

Generally, these are defined in relevant part by those manufactured before or during 1898 and are loaded from the muzzle (the open end of the barrel). The ammunition in these firearms is not triggered by a firing pin striking and igniting a primer. Instead, they are mostly (by current terms) ignited by a percussion cap or flint stone creating a spark.

The ammunition itself is also a key point by which antique firearms are differentiated from current firearms. The casing for antique firearms is effectively the breach end of the barrel into which (from the muzzle) power, a patch (for creating a seal) and shot or slug is placed. This is not a fixed or self-contained cartridge.

If the firearm is an antique firearm as defined under federal law, and allowed by state law, a convicted felon may possess such. However, a number of current black powder firearms are made from components of other modern firearms. These are excluded from the definition of an antique firearm. Thus, very careful research is required and this likely takes an attorney familiar with the hyper-technical distinctions found in state and federal law.

An unintended violation of state or federal firearms law is likely to carry a lengthy prison sentence so any attempt to utilize the narrow exception must be carefully researched and a cost-benefit analysis employed. If this blog post about whether or not a convicted felon can purchase or possess a firearm has helped you understand this common question and area of concern and misunderstanding amongst gun owners as a whole, this blog post has met its educational goal.

This blog post is written by attorney Bryan L. Ciyou, Ciyou & Dixon, P.C., Indianapolis, Indiana, and is designed for general educational purposes only. You should not rely on this blog post and should consult with an attorney in your jurisdiction. Laws vary widely from place to place. This blog post is not a solicitation for legal services.


  1. My son (22) was convicted in MN of 5th degree possession of 100 g of pot which is a felony. The conviction was stayed as long as he does not get into trouble in the next 5 years. He is living in my house and I have long guns as well as pistols (I have a carry permit). Do I have to remove all the guns from the house now? Can I keep the pistols in my locked truck with the keys locked in it so the truck can only be accessed from the door keypad which he does not have the combination?

    Comment by jeff on January 2, 2013 at 4:17 pm

  2. Hey, I was just wondering… what I was looking for was if a guy with a sexual harrassment felony can be in the same house a gun is in? I’ve heard a lot about them not suppose to be but I was wondering if it was true or not?

    Comment by Leighann on January 14, 2013 at 3:54 pm

  3. 17 years ago My girlfriend’s friend intervene in a family argument I applied for a gun permit carry permit and was denied because I would they said I pled guilty to a domestic assault charge which I believe never happened I did not plead guilty I only wanna know if I can possess and target shoot with a black powder revolver revolver could you please help me at least tell me where to go to start my quest thank you very much I would appreciate it if you could help

    Comment by tony kuldell on January 15, 2013 at 12:49 am

  4. K#4 the provisions of this section respect to hand guns shall only apply to persons convected before jan 1 1975entucky law 527.040 Possesion of firearm by convicted felon -Exections if convected before., if i under stant it corectly they the dont give up ther right

    Comment by charles leonard on January 31, 2013 at 6:45 pm

  5. In minnesota and most states if you have a family member in the home who is on probation for a felony or parole they cannot be in the same same home with firearms or ammunition. This is the same for most states. Some exceptions are if the PO says it is ok as long as they are locked. Also in minnesota a felon can cary a firearm depending on the crime and date of conviction. I am a felon in MN who has a certificate issued by the state once my parole was over. It restricted me for the first ten yrs but afterwards full rights restored. Under US Code the rights on this is determined by state law and not federal law.

    Comment by mark on February 5, 2013 at 1:48 am

  6. I also dealt with barren and hart cty KY and in kentucky a felon convicted in another state but not in ky can possess a firearm as long as the convicting state restored all civil rightd. If convicted in ky you are banned for life unless you have the case sealed or expunged.

    Comment by mark on February 5, 2013 at 1:52 am

  7. i have a felony for theft of misslayed property i was wondering i have a gun permit i live in nh am i able to ever own a hand gun agean

    Comment by jeremy on February 23, 2013 at 11:07 pm

  8. isnt it true that our rights can not be taken away,and in fact can only be surrendered? In other words if you refused to sine any paperwork apon conviction you would not surrender your rights!

    Comment by adam stein on April 2, 2013 at 10:59 am

  9. […] Re: The President's Gun Proposals Originally Posted by ThomPaine I believe each state has different laws. There is no blanket prohibition. Actually there is a blanket federal law to prohibit it. At least according to this source. Can Convicted Felon Purchase or Possess a Firearm […]

    Pingback by The President's Gun Proposals - Page 28 on April 18, 2013 at 11:23 pm

  10. I am a 30 year old male and I have a couple questions before I start the process of owning a firearm. I haven’t made any steps yet to talk to any goverment autorities, and have been trying to do some research before I do. I received an aggervated battery charge when I was 18. It was a low level felony, It states ” wrecklessly” and “unitentional” in the conviction. Its has been over ten years since the conviction, and I have recieved expungment for this crime five years ago. I have not been in any trouble since then. I have also moved from Kansas to Arizona. Can you tell me all the potiental issues I will run up against? Thanks!

    Comment by Randy Watson on April 27, 2013 at 3:59 am

  11. Is there any limition on air guns,knives throwing stars

    Comment by mark arthur on May 3, 2013 at 1:01 pm

  12. my ex-coworker it’s a retired police officer in new York state. He got arrested for one feloney larceny . Does he lose his license to carry after 30 years with a gun permit ?

    Comment by Miguel Rodriguez on July 23, 2013 at 5:56 am

  13. I have to say that all these State and Federal laws are unconstitutional because our ancestor granted the right to keep and bear Arms to all of us and they did not give neither Congress nor the States the right to regulate this Amendment (Amendment 2) “by appropriate legislation”. There is no such right granted. It was left to the people of the different States to regulate themselves as a Militia for their protection. But we have a dictatorial Congress and a Dictatorial U.S. “criminal” Supreme Court.

    On the subject of Firearms possession by a person convicted of a felony,Federal or State there are ways to legally possess firearms if one can get a State Certificate of Relief from Criminal Disabilities or a Certificate of Good Conduct. These Certificates are granted by the States and they restore all the Civil Rights lost at the time of a conviction State and Federal. These certificates satisfy the federal requirements for possessing firearms. If your State grants you back your civil right and for the the federal government this means the restoration of the right to vote, to run for office and to sit in a jury then you can possess again firearms.

    Very few people know about this federal law. People can also move to States which grant these certificates.

    Comment by Rex26 on July 23, 2013 at 10:44 pm

  14. I would like to know from someone if this ruling by the Arizona Federal Court has been overturned in a higher federal Court. if that’s the case then we have to protest in front of the U.S. Supreme Court possibly hold all the Federal Court as enemies of the people and instruct the population at large that as we are dealing with a criminal government that if the’re called as jurors in firearms case and other cases they shall not convict. (Jury nullification) We render our own justice.
    The Second Amendment is very clear: “the right” of the people to keep and Bear Arms shall not be infringed. And there is nothing at end of this Amendment which would infer a right of the States or Congress to regulate this act through “appropriate legislation”. Neither the States nor Congress have power over this Amendment. It was left up to the people to regulate themselves.

    Comment by Rex26 on July 24, 2013 at 7:48 pm

  15. I was convicted in 1987-88 of a one felony count of sales of a controlled substance in the state of Nevada (methamphetamine). I have resided in the state of Montana since 1988 and my question is … Do I have the right to bear arms restored at this point in time? If not, what steps do I need to take to have my rights restored?!

    Comment by Lori R Staples Wageman on July 26, 2013 at 10:57 pm

  16. I was charged with a 1st degree felony, for stolen property. All accounts were returned, and charge was dropped to misdemeanor 3rd degree. Is it allowed to purchase a firearm in the state of alabama, with this charge/disposition?

    Comment by Bruce Tickell on July 31, 2013 at 3:25 pm

  17. I was recently arrested for carrying a handgun in N.C. It wasn’t conceled it was in a holster on my hip while walking my dog.My felony was misuse of credit card in 1992 .I received a 6 month sentence and it has ruined my life.Now 21 years later im looking at at least a year when I never even pulled it out.i had 1500 dollars on me to buy a truck and was only looking to protect myself.all sorts of felons are hiding theirs for one reason or another .2 weeks later I was jumped and robbed at gunpoint.They got my wallet and I took a beating by 5 men .even pistol whipped.NOt a police man around to help……justice?

    Comment by david ally on August 9, 2013 at 8:28 am

  18. I am a convicted felon, I live in Ohio, and I legally own several guns. Convicted felons who don’t know the law…this is for you,

    Ohio law says you can’t own a firearm if you are convicted of a violent or drug related felony. If your felony wasn’t violent or drug related you can still own a firearm according to Ohio law. Federal law says you can’t own a firearm if you have been convicted of any felony that punishment can exceed 12 months. Well if you have a felony 5 in Ohio, that is only punishable up to 12 months. Federal law also says if you have any misdemeanor domestic violence you can not own a firearm. So if you have no misdemeanor domestic violence, your felony was only a felony 5, it wasn’t violent or drug related, then by all laws you can legally own a firearm.

    Now let’s say you do have misdemeanor domestic violence, and your felony was higher than a felony 5 and punishable by a sentence exceeding 12 months, well then under federal law you can not own a firearm. However, federal law does not consider a muzzleloader or antique firearm a firearm, so you can own that type of gun under federal law. However, Ohio does consider a muzzleloader or antique firearm as an actual firearm, but if your felony wasn’t violent or drug related, you still have the right to own a firearm under Ohio law.

    It’s hard to understand at first, but this is law. I have 5 felonies all non violent or drug related, and a misdemeanor domestic violence. I legally own 5 muzzleloaders. Two revolving pistols, a revolving rifle, and two inline rifles.

    If you need help understanding this and are close by I can show it all to you in black and white and explain it.

    Comment by Chevy Guy 513 on August 27, 2013 at 3:19 am

  19. move to a state that allows open carry and which does not prohibit felons from possessing cap and ball revolvers. I am designing one that is double action, so rapidfire is not far off, with such guns. With one in each hand, there is a away to get 20 hits on a man, at 10ft of distance, in less than one second 🙂

    Comment by Don Russell on August 29, 2013 at 10:47 pm


    Comment by pAUL sTEICHEN on September 13, 2013 at 5:15 pm

  21. I plead guilty to a felony when I was 21 years old, I a now 41 and have neither had anything on my record before the incident or since. Am I to never have the right to bear arms? Just a question I was wondering about, since the case was an isolated incident involving myself as a battered wife that fought back against her abuser.

    Comment by Wendy Williams on September 15, 2013 at 9:18 pm

  22. my husband is being charged with a felon with a firearm.
    im not sure if he can be charged being that he is not a felon..

    Comment by LIN ESQUIVEL on October 3, 2013 at 12:50 pm

  23. i had a felony charge of forgery, it was a SIS and now is not a public record only for since now im now im of of probation as of 2009 im not a felon,can i posses a firearm. im in missouri

    Comment by scott on October 9, 2013 at 12:13 am

  24. can i get a gun permit, i had a non violent felony conviction more than10 yrs ago in NY and currently a Ct resident and business owner?

    Comment by edwin ramirez on October 17, 2013 at 11:55 am

  25. Highly descriptive post, I liked tgat a lot. Will there be a part 2?

    Comment by Damion on October 19, 2013 at 12:42 pm

  26. is a crossbow or a compound bow considered a firearm that cant be possesed by a convicted felon in the state of indiana?

    Comment by rodney on October 22, 2013 at 3:55 pm

  27. How long do you have to register a pistol after purchasing?

    Comment by kris on October 30, 2013 at 11:11 pm

  28. I was convicted of “unlawful recording” which in CA is a felony! I recorded a witness who said he saw my son’s grandparents smoking meth around my son. After bringing recording to DA she prosecuted me !!! Also I am a veteran I was discharged with a General (less then honorable) discharge. I.E. was caught in a bar under age after coming back from afghanistan. Nothing severe or violent. Can I own/buy a firearm ???

    Comment by Jerome Chavez on November 9, 2013 at 5:21 am

  29. I got convinced 8 years ago for a drug charge ? can i get a permittee to owe a fire arm now days ? or em i screwed

    Comment by Me me on November 20, 2013 at 3:21 pm

  30. a person that has been charged with child abuse no harm….in the year 2000 can they have the right to have a conceiled weapons permit now in 2013?

    Comment by Richard on November 27, 2013 at 9:12 pm

  31. In the state of Alabama I’m sorry

    Comment by Richard on November 27, 2013 at 9:13 pm

  32. I was convicted of a felony drug charge just over 7 years ago in the state of Alabama. I understand i cannot own or possess a gun. My question is can my husband who hasn’t been in any trouble have a handgun or shotgun in our house or on his persons in a vehicle with me?

    Comment by Ashley on December 4, 2013 at 1:03 pm

  33. […] past. Should felons be returned their Second Amendment rights upon release from prison? Currently federal law prohibits any person convicted of a felony from possessing or purchasing a firearm. Some states laws allow hunting with a muzzle loading […]

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  34. […] past. Should felons be returned their Second Amendment rights upon release from prison? Currently federal law prohibits any person convicted of a felony from possessing or purchasing a firearm. Some states laws allow hunting with a muzzle loading […]

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  35. my question is a simple one. the lawyer who wrote this is from IN, i live in Illinois. i have a class X felony sealed on my juvenile record. if i moved to IN is there any chance i could ever own a fire arm?

    Comment by Owen on January 4, 2014 at 8:57 pm

  36. How can I know if I can own a gun if I had a felony back in 1999

    Comment by David on January 7, 2014 at 1:48 pm

  37. I can do jury duty and vote but need to see how I can know if I can buy a firearm

    Comment by David on January 7, 2014 at 1:51 pm

  38. Question is a blank gun considered a firearm? It cannot be made to shoot anything except a blank no projectile can be fired from it. I do not think the ATF considers it a firearm but I am curious. Thanks for any help you can give me.

    Comment by Joe Renaud on January 9, 2014 at 6:37 pm

  39. so even if you have a drug felony but never served jail time (5 yrs . probation) and its been past 7 yrs. you can never own a firearm. is that correct?

    Comment by juan on January 16, 2014 at 4:00 am

  40. To make a lifetime rule that anyone convicted of a non-violent felony can never again have their 2nd amendment rights constitutes cruel and unusual punishment (unconstitutional under the 8th amendment). No where in the US Constitution or the Bill of Rights does it say that someone convicted of a felony gives up every one of the rights under the Constitution for the rest of their life. Once the punishment is complete and a short (about 10 years) time has passed without another conviction, these Rights MUST be restored. Other wise “the right of the people to keep and bear Arms” are infringed. Doesn’t matter what the courts say, this is reality.

    Comment by Bob on January 18, 2014 at 3:25 pm

  41. I have a non violent felon conviction of disturbing coke I did my time and have 5 munths left on probation I was resentley charge with possion of a fire arm I killed a bear with a 22 rifle and got snitched on bear season was in I live in the worse state of all va where they take the law and change them and switch them any way they want just woundering if any one knows wut I might be lookin at when I go to court

    Comment by derri k on February 18, 2014 at 11:36 am

  42. i just found out that i have a felony from 19yrs ago. my wife owns a hand gun. is it legal for me to be in the house with the gun. my case was closed in 1994. my lawyer was suppose to seal my case and records to protect my background, i found out he didnt do that. i have since filed to have all my records sealed. i want to get back to hunting and be able to protect my family, and with everything going on these days i want to make sure myself and my family are safe. I have a gun of my own and have had it for years. what should i do to be able to purchase guns again.

    Comment by David on February 20, 2014 at 12:41 am

  43. What about going through a program like for alternatives to prison, so that you can get your rights back?

    Comment by Bill Bonaza on March 1, 2014 at 11:48 pm

  44. Good day,in 1980 I was convicted of aggrivated robbery,did 5 months and was released,the judge said that my records were sealed.First what does that mean and can I own a ball and cap pistol in the great state of california?

    Comment by Todd Anderson on March 8, 2014 at 11:46 am

  45. My dad has a non violent felony. I was wondering if I could have a gun while living with him.

    Comment by Caleb Hildinger on March 12, 2014 at 11:55 am

  46. My dad has a non violent felony. I was wondering if I could have a gun while living with him. I live in Ohio.

    Comment by Caleb Hildinger on March 12, 2014 at 11:56 am

  47. at this point the only way i can get a firearm(legally!) is a pardon from the govener or president judge can exspunge my record(but that could take a long long time to appear on back ground check!!!),if the judge doe’s so…my felony coviction was 30+yrs.ago and was basicly “non violent”…burglary.i live in the state of pennsylvania,a great state but some of these law’s are tuff!!! after all quakers ruled pa. and the 1st. prison in the u.s.a. was eastern,in philly!!! my point? it is very very hard to get a full metal jacket weapon if you have been covicted of a felony,no matter what the charge!…i am 56 and all i want to do is hunt(as i have done for the first 20yrs. of my life,i live in pa. for christ sake!!! hunting & fishing is what 90% of pa doe’s…i am an antique dealer also & the guns i had to pass on! wow!!! but fed law says i can own a pre 1898 weapon,POINT? very hard to do,but check state law even if feds say no to felons,your state may have looser laws concerning felony convictions! thanks for listening!

    Comment by darrin on March 27, 2014 at 5:04 pm

  48. […] Can convicted felon purchase or possess a firearm Can a convicted felon purchase or possess any type of firearm?. […]

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  50. Just a question: I was convicted of drug possession and prostitution back in the mid 90s and early 2000s. Could I still get permit to purchase of carry a gun; although I am residing in another state?

    Comment by Aj on April 29, 2014 at 9:12 pm

  51. i have a twenty (20) year old class b robbery felony that i was arrested for in ’93. i have not been in any trouble since. is there any way that i can legally carry a firearm???

    Comment by anthony on April 30, 2014 at 3:44 pm

  52. I am a convicted felon. Can I possess a BB gun in the state of New York? Or anyone in my household? I was convicted of attempted 2nd degree assault. In 88. And later on domestic violence . I signed papers agreeing to never possess any type of firearm for life.

    Comment by Donald FOLEY on May 10, 2014 at 4:16 pm

  53. I was convicted and sentenced to a prison term in the state of Florida for non violent crimes. It has been 10 years so since I was released and haven’t been in trouble since. I have had the same career and raising a family now and want to introduce hunting into their lives. Is there a way I can get my gun and hunting license?

    Comment by Patrick on May 15, 2014 at 2:38 pm

  54. […] ruling opens the door to similar challenges in other states and hopefully a challenge to the federal law prohibiting convicted felons from owning guns. There are additional aspects to this ruling that could leave the door open for felons in others […]

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  55. About 18 years ago my son got a few DWI’s in New York. Never a had an accident, just road stops, regardless, the last one resulted in a felony. He has been living in Florida for the past 5 years. Is he allowed to purchase a firearm in FL? Thanks.

    Comment by John Puntora on July 6, 2014 at 7:08 pm

  56. I just wana know if I can own or get a permit for fire arm I have two prior convictions assault 1 an 2. I would like to know just so that I can take the classes whit my girl lol that would be fun I don’t even want a gun a permit would be fine thank for ur time an u could get back at me on

    Comment by steven m on July 15, 2014 at 1:32 pm

  57. I was convicted of non person class 9 theft in KS 17 years ago. Can my husband have a gun in our home? My case was expunged.

    Comment by Beth on July 20, 2014 at 3:17 pm

  58. My state doesn’t allow felons to have any guns at all. No antiques, no bb guns, no paintball guns, nothing. I think nail guns are about all you can legally have. Ironically, crossbows are still allowed, but you can’t carry them in public.

    Comment by adam on August 25, 2014 at 3:28 am

  59. This is the USC 921 definitions: (ii) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.

    Therefore as chevyguy put it in ohio you can own and possess a firearm, but he is incorrect about the felony level…I have a F3, but it was a non violent felony, therefore I was never under any disability (my rights where never taken), and can own and possess firearms.

    Comment by Drew on September 1, 2014 at 6:04 pm

  60. I’m a convicted felon & I own quite a few Muzzleloaders, the laws change in some states, but I’ve had ATF Agents look at My guns while they were in My possession & hand them right back to Me…. Under Federal Laws a Felon IS ALLOWED to Own & Possess Muzzleloaders, but as I said B4, there are some states that prohibit it, FLA allows ownership of antiques or replicas, but doesn’t allow You to Hunt with or fire them…. Michigan doesn’t allow any, & NY just recently made it a misdemeanor weapons charge if a Felon is found in possession of a Blackpowder Firearm….

    So any Felons like Myself, that LOVE TO HUNT, You need to check the Local Laws, But Under Federal Law We ARE Still Allowed to Own, Possess, & Shoot our Blackpowder Guns… The 2nd Amendment Allows Us to Keep Our Gun Rights, We Just Get Restricted to Muzzleloaders, but some States try to see fit & take away those Constitutional rights because We The People now just seem to Bow Down & Allow Our Rights to be Taken Away without any Argument or Fight….

    I keep My Muzzleloaders & My 2nd Amendment Rights eve though I’m a Felon…
    I Keep My Guns Legally & I’ll continue to keep them… I own them for Home Defense & Hunting…. & if I was going to Use a Gun to Commit any Crimes, it wouldn’t be a single shot Muzzleloader, The REAL Criminals Use Semi-Auto Pistols to Rob People of Their Money & Property, or They Use Their Government Office to try & Rob ALL of Us of Our Rights Granted to Us by This Country’s Forefathers….

    My Last Felony Charge was from 1994, now 20 yrs old… I’ve paid My Dues for it & Live by the Laws now, I’m an Avid Hunter & Fisherman, & My involvement in Hunting has helped keep Me out of trouble with the law….
    Gun Laws are Dumb, a Criminal is going to be Criminal if they want to be one, restrictions on guns are only made for the people who Actually Follow the Laws, & By Me Keeping Only Muzzleloaders PROVES That Point…..

    Comment by Chris on September 16, 2014 at 12:54 pm

  61. Want to know if you have a federal felony and live in the state of California are you allowed to posses mace? I had an incident at work that I felt threaten by a furious customer and I use the mace on the customer. What can happen in this situation? Thanks!!

    Comment by Tommy on October 24, 2014 at 2:45 pm

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  63. The federal code that prohibits convicted felons from owning a firearm is somewhat ambiguous. Chapter 18 of the US code states with clarity that a person was convicted of a state, not federal, felony is prohibited by federal law from possessing firearms. However if the state in which the conviction occurred has restored the felons firearm rights then the federal law does not view the felon as being in violation of federal law, thus no prosecution. One caveat is that the felon must have had their civil rights taken away by the state and then restored by the state. That is all rights…the right to vote, hold public office, and serve on a jury. All off those rights must have been taken away and then restored. The operative word is “all” means “all”. There is SCOTUS rulings on this. If only your right to vote was taken then only your right to vote was restored therefore the federal prohibitions still apply. I agree…it is silly, but until the language is fixed by congress that is the way it is. Also if the state only restores the right to own and possess a shotgun then federal prohibitions still apply as the state did not fully restore your 2nd amendment rights. Another silly thing that needs to be fixed. So it is not uncommon for someone convicted of a state felony to have firearm rights restored. In Virginia the process could take as little as 2 months from start to finish. It isn’t a guarantee but it is quite possible. Some states will never restore your firearm rights…some states firearm rights are restored automatically after a period of time. Google the state you live in for a road map to have your rights restored. If you want, move to a state that treats the 2nd amendment like the 2nd amendment.

    Just another caveat…those convicted of federal felonies must go through the federal process. At this time anything short of a presidential pardon will not restore your firearm rights as the ATF program that provided the avenue for firearm rights restoration has been defunded. People should start petitioning the congress to begin funding that program again.

    Comment by JimTh on November 17, 2014 at 9:39 am

  64. I know someone that has a 3rd degree sex offense and where that is a non violent crime but yet a felony, I am wondering if that person would be allowed to own a fire arm of any kind.

    Comment by Richard on November 19, 2014 at 1:40 am

  65. Chris, I have a couple of felonys and my last was in 1988, I was arrested in ILLinois and I live in South Carolina, I wonder if I can get my gun Rights back? Nothing Violent or drug related and nothing federal felony

    Comment by jaycabby on December 6, 2014 at 6:33 pm

  66. Its been 25 years since i was convicted of 17 felines a very non violet crime it was a drug case they changed me for every time i bought over the counter drugs. Is there a way that i may go hunting?

    Comment by j faraone on December 13, 2014 at 2:31 am

  67. If convicted of a felony in Iowa but never domiciled in that state are you bound by Iowa Firearm Citizenship restoration laws..
    I was convicted of a felony in Iowa in 1992 assigned Probation which was discharged in 1995 without prejudice…Illinois was my home state and I am now residing in Louisiana..I have not had any run ins with the law or any other charges since this discharge….Looking to buy a firearm and Louisiana Law states that 10 years after discharge I am able to do that…Spoke with ATF which informed me that I could answer no to Question 11c on form 4473 stating I had not been convicted of a felony (1.) if probation was discharged on the case, (2) rights were restored in that state (Iowa)….(3) and I am not prohibited by Iowa to purchase a firearm ..Iowa law states that I must restore my Firearm Citizenship rights before I will be able to purchase this firearm…I was never domiciled in Iowa at any time. I never voted in the state, Never worked in the state, never had a bank account in the state, only a resident of the state (traveling back and forth to hearings) for purposes of court in 1992.. My question is would I be required to Restore my citizenship firearm rights to own a Firearm in a state where I was never a citizen or domiciled at any point and time…I spoke with a lawyer here in Louisiana and he contends that I am not required to do so being that I was not domiciled in the state and explained that Iowa has no Jurisdiction over my Civil and/or Citizenship rights and he further explained that the criminal case in question would be the only jurisdiction that the state would have had…I am only trying to get clarification on this matter…

    Comment by Johnny Thomas on December 17, 2014 at 1:55 pm

  68. A few states already allow felons to own fire arms legally after 10 years you just have to apply .

    Comment by Chris on December 21, 2014 at 12:03 am

  69. I am a disabled convicted Felon and I was wondering what I can use to hunt with and still stay legal. Crossbow? Muzzleloader?

    Comment by roger dixon on December 22, 2014 at 11:19 pm

  70. What papers are needed by an ex-felon who has had his gun rights restored if he plan on purchasing a firearm

    Comment by James eE. Wall on December 23, 2014 at 12:11 pm

  71. 53 years ago I was convicted of failure to pay child support. Just back from Nam could not buy a job. And had no money. A few years later i reenlisted back in the army (after the conviction) and served another 15 years and was honorably discharged with commendations, top secret clearences etc. But recently I wanted to purchase a pistol and was denied because of this conviction. What the heck do I do?

    Comment by Joe Asta on April 4, 2015 at 10:56 pm

  72. this will blow your minds ! i am 65 years old. a two tour viet nam infantry vereran. i got mixed up with two nasty american women, so, i ended up with a felony, and a misdemeanor, that were lies. how do you prove you didn’t do it ? against a female ? i have now, no respect for the politicial, or judicial system, they totally DISGRACED A VERTERAN ! i hold the. BRONZE STAR, ACOM HEROISM, AND CROSS OF GALLANTRY. i still have my second amendment rights, sorry ! no one take those ! i fought in nam, i’ll fight here if i have too !

    Comment by rick Marcello on August 23, 2015 at 10:25 am

  73. About 47 years ago I was convicted of what I think was a class d felony theft in virginia. I absolutely was not involved in that crime. I was a victim of circumstances and nothing was even stolen. I didn’t follow up with the case because I was headed to Vietnam at the time.I didn’t realize until I came back from nam that I had been charged with a felony. I have never had anyncriminal record before or after that time. I am 69 years old and am and have always been a law abiding citizen. Is there any way that I can pursue an expungement of my conviction?

    Comment by julio rodriguez on September 28, 2015 at 5:34 pm

  74. I had 2 felony .can I hunt with a gun? been staying out of trouble for 20 years now .I am sorry what happen . Live in Wisconsin

    Comment by Allen V.Schaumberg on November 6, 2015 at 7:13 pm

  75. like to get my gun right back for hunting small game and deer hunting..staying out of trouble for 20 years .didn’t not used a gun in a crime .lost my dauther in 1990 was charge in a crime and got two felonyes I am sorry for my daughter deadit

    Comment by Allen V.Schaumberg on November 9, 2015 at 12:34 pm

  76. taring to get a Wisconsin pardon now. the gov office they don’t do it nomore. like to get my gun rights back to hunt were I hunt this year with a gun instead of a crossbow.thank you

    Comment by Allen V.Schaumberg on November 9, 2015 at 12:38 pm

  77. are high powered Air rifles such as benjimen Rogue 357 considered a fire arm or would they be in the same catagory as a bow as they use no explosive charge to discharge and are convicted felons allow to use in any state of the union

    Comment by starsbuddy on December 11, 2015 at 9:22 pm

  78. i am 65 yrs old now, when I was 14, I was convicted felon. breaking and entering. have had no problem wit the law since. doe’s my record still show this on it. I would like to get my ccw. thaks

    Comment by mike on December 14, 2015 at 3:09 pm

  79. I have 5 DWI and or DUI 3 of them are felonies can I buy hand guns and have them in my house I live in Indiana

    Comment by jerry werner on January 30, 2016 at 7:14 pm

  80. I plead guilty of a drug possession charge 25 years a go a felony,
    .my wife has a gun owners card and wants to have a gun for for protection in the house, is this permissible under law? I live in Illinois.

    Comment by robert mathes on March 29, 2016 at 12:45 pm

  81. Under disability means no fire arms not even muzzle its a fire arm. FIRE! But some states no trigger mechanism at all this means nothing with a trigger check your state it differs

    Comment by Ron on April 30, 2016 at 7:23 pm

  82. Excellent writing! Thanks for sharing the information. Yes, I agree that as a general proposition, there is a bright line rule (black and white) under federal law that prohibits any person convicted of a felony from purchasing or possessing any type of firearm. While there is a provision of federal law that would allow certain felons to have their rights to purchase and possess firearms restored, Congress has not funded his provision of the law. As such, ATF has no ability to use this legal mechanism. By the way, if someone is searching for a DE Labor Form Child Labor Work Permit For Minor , my colleague used a fillable document here ““.

    Comment by LAWANDA HOWARD on September 5, 2016 at 1:46 pm

  83. 1. There Is Total Number Of F.F.Ls (01) Is Regular . Retailer Store Fronts & Commercial Properties in Industrial block zone location only too!s For: one Package Unit is equals one Gun Dealer Retailer Business too! Do you Agree? There is Total number Count is the number of Pawn Shop & Gun Dealers is,F.F,L.s Licenses 8000 too! The Grand Total of F.F,l.s is 61,000. on 10 /23/2016 A.d Date is Official. count too. the late est count too

    Comment by David P.Curcione on October 23, 2016 at 8:46 am

  84. 1. The Federal Carried Permit Should be For Federal Law-enforcement Retired Officers Only too! Reason is: Local Police Dept Town Ship Police Dept City Police dept County police dept Country Sheriff’s dept State police of 25 States Highway Pa-troll & State .Police of other 25 States too. They will get Trouble with the Federal U.S.A permit to carried conceal weapon on them,in all the States Reason is They Will get in trouble with it on them too! It True!!! This Federal Carry Permit off Limits Are not Federal Law enforcement only too! Agreed! Do you agree?? Yes? Or No? Officers the too!I Agreed They should not get it at all too!

    Comment by David P.Curcione on October 23, 2016 at 9:02 am

  85. I am so confused about my owning a blank firing 9 mm handgun.. It cannot ever be converted to firing live rounds ever,, I only have it for my families protection.. When I purchased it. A.T.F. never asked for any back round check. I have never been convicted of any violent crime.. I do not want to break any other laws.. My question is because I was never asked for any back ground check to purchase the blank firing handgun am I breaking any laws for owning the handgun? I live in Phoenix, Arizona.. Again the blank firing cannot in anyway be converted into firing live rounds.. This is my only protection in my household.. I have giving some thought about restoring my firearms rights.. Until then I only have the blank firing handgun to protect my loved ones.. Phoenix, Arizona is a dangerous city to live in.. So I Respectfully ask you to give me the true answer. So I will know without “”ANY DOUBT”” !!!! ((THANK YOU FOR YOUR TIME)).. HOPEFULLY I WILL RECIEVE A RESPONSE..

    Comment by WILLIAM NEWHOUSE on January 26, 2017 at 2:00 am

  86. I have a no judification /burgarlary of a structure in 1979 (that I believe was exspunged?), and a trading is stolen merchandise in 1989, also no judification of guilt, (and I thought it was exsupnged?) for Sn H green stamps someone gave me. I appiled for a CCP in florida to see what they would say, n I ws denied. I dont want to do anything wrong, but as a 58 yr old woman that lives alone on a farm, I would love to be able to get a CCP???

    Comment by april tschan on June 8, 2017 at 11:09 pm

  87. In 2007 I was convicted of a felony domestic violence in Ohio. I don’t know if I can petition fro the right to be reinstated or if I ever will but what I do know is that is that if a situation ever arises where my life or the life of one of my family members is lost and where the likelihood that possession of a firearm could have or would have been deemed reasonable cause for the deterrence or prevention of that loss, I’m filing a wrongful death law suit on the state and federal government. I will win the case and it will be upheld. On What precedence you may ask? A person who has been convicted of a felony and who by their conduct over a number of years (to date 10 ) has not been charged or convicted of any other felony of any type and is therefore not likely to commit crimes for which a felony charge might be imposed should not suffer permanent loss of rights under the 2nd amendment. And just as aside to our obviously retarded legislators, making it a “felony” for felon to have a gun does not reduce the amount or spread of gun violence. Our legislators are totally clueless as they can not see that their laws have done nothing to curb gun violence in America.

    Comment by L Jarvis on July 1, 2017 at 10:17 am

  88. I have a felony DRLSR from Pinellas County Florida from 25 years ago.
    I now live in Wichita KS. My I purchase a firearm here?

    Comment by GNASHER on July 17, 2017 at 8:49 pm

  89. I’m a convicted felon of an f5 offence trafficking in marijuana I have had my record sealed and am wondering since no one can see my old record if I can purchase a non lethal gun that shoots non lethal pepper spray bullets i live in ohio in the county of fairfield

    Comment by Jen Alspaugh on September 18, 2017 at 9:55 am

  90. was just wondering if i can own a firearm with nsf check felony was never in prison was on probation for it. It has been more then 15 years since ive had it i live in michigan

    Comment by thomas hunt on October 1, 2017 at 6:53 pm

  91. In 2007, I was convicted of a Class H North Carolina felony, “Attempting to obtain property under false pretense” and was wondering in what states I can purchase and use black powder rifles and pistols. Since my conviction, I reentered the US Army, deployed to Iraq and received a Bronze Star, completed a successful 3yr tour as a United States Army Drill Sergeant and will be retiring in about 3yrs after 25 yrs of active federal service in the US Army. What are the procedures I need to have my gun rights reinstated in South Carolina for the North Carolina Felony.

    Comment by Harry on October 8, 2017 at 3:34 pm

  92. I was convicted of non support (child support) in Ohio back in 2001 and again in 2005 both were felony 5 charges and was sentenced to less than a year both times (11 months) I haven’t been charged with anything except minor traffic violations since (no seat belt, speeding) can I open carry a fire arm and or get conceal carry permit??

    Comment by Robb on October 13, 2017 at 6:14 am

  93. I have a felony in Ca. received a full unconditional pardon from the governor am I allowed to own or posses a firearm thank you.

    Comment by Frank on November 2, 2017 at 5:18 pm

  94. I had a trespassing in nj that I thought I had taken care of when I was 18 (only Recently resolved) about 2 years ago 31 now but turned into a felony by brother-in-law wasn’t to buy a gun and he lives with is just got his concealed carry would that pose a problem for me being a felon of he has it in a case

    Comment by Shawn Geffken on November 6, 2017 at 7:00 pm

  95. Thank you very much.

    Comment by concealed carry class on January 19, 2018 at 5:42 am

  96. 1.No convicted Criminals Felons can’t not buy any Firearms: is Long Guns ,Rifles,Shotguns, & Conceal weapons; is Semi auto Pistol or Revolvers too. Plus he or she can”T buy any Ammo too! From any Gun Store, Sporting Hunting Fishing, Camping Gun Stores. Pawn Shop & Gun Stores too! Or Gun Shop Store By Trade is regular GUN Store too! Or Foreign Criminals Of other counties too. Are non citizens Living in this nation too. agree! If they become America U.S.A. Citizen too! They prove they can speak English too. Agree!!! If they are convicted Felon of there From Mexico &, central America & south America counties too. They will be deported out of the 50 States too. back to native counties too. in there jails prisons too. agree!! Most of them can”t speak English, Or broken English too. It”s true ! in 50 Stats too. The Local police dept. Township Police dept. City Police Dept. Country Sheriff’s Dept . State Police departments of 25 states & Highway Pa-troll & State Police dept. of 25 States too. Working ice Police of immigration Lawmen Or Law woman of that U.S.A. Federal Law enforcement too . Do you agree!!!

    Comment by David on January 29, 2018 at 3:57 pm

  97. 1.There should be max cap limit for U.S.A. Level Government is (5000) Federal Firearm License Gun Dealers Store Fronts & Commercial Properties Located in Commercial assign zones too, call industrial Business zones too. This stand for commercial zones for 50 State Level is maximum Cap Limit is (100)Cap Limit of Federal Firearm License Dealers is all the States must abide buy this Ruling too. by the B. A.T.F.E A. Division too . Reason is there will be less Gun Dealer Retailers not over federal Cap limit too. To stop flow of Guns off the Cities Streets & Drugs too . There is not many smaller Gun Dealers Not foiling the Guide lines selling Firearms On Federal Level & State Level Rules For Selling Firearms the legal way it should be right way always right way too. Do you agree. Solution is The B. A.T.F.E.A. will revoked there current license F.F.L. is (01) & (02) Regular Gun Dealers Retailers. N.F.A Gun Dealer Retailers is (09) Is N.F.A. too. And the Sheriff is Dept Will revoked there current State License to sell all Firearms they State you live in too . Do you agree!!! There will be maximum cap Limit no hire then 100 N.F.A Type (09) Federal Firearm License Store Front Class-3 Retailers in all 50 States is max cap limit too. Do you agree!

    Comment by David on January 29, 2018 at 4:18 pm

  98. I know with some employers background checks sometimes only go back 5 or 10 years. Is it similar at all with firearms in the state of Ohio? My main question is can I pass the background check for a firearm in Ohio if my felony convictions were 14 years ago? I was 21 at the time and I am almost 35 now. I have 2 felony convictions. One for breaking and entering (F5) and one for felony theft (also an F5). I have not been arrested or convicted of any crimes since then.

    Comment by Anthony on April 23, 2018 at 4:31 am

  99. 20 years ago I was arrested and pleaded no contast to posession of stolen property, possession of illegal fireworks, possession of controlled substance, and possession of paraphernalia. This charge was all at once. I did 4 months house arrest and 3 years informal probation. I also completed DEJ differed entry of judgment. A few months after I got a letter from probation stating that if I am ever asked “have you been arrrested or have any felonies?” I am allowed to say “no” unless I am applying for a job as a police officer. Ever since then, I have been a good boy and stayed out of trouble.
    I applied for a job a few years ago to drive Uber. For some reason they were taking awhile to respond back after they mentioned they will do a background check. So I went online and did a check on myself. I noticed it shows something happened back in that time. But does not say what its for. It just shows my name. I did more research and found out that uber cant use this against me for getting hired. So I wrote uber telling them if there is any reason why they are not hireing me. To please let me know. Then they hired me.
    I really want to buy a gun. But I don’t want to be embarassed and told that I can’t get one because of my previous arrest. So with that all said. If I try to buy a firearm. Will I be rejected?

    Comment by Ken on April 23, 2018 at 9:31 am

  100. I was convicted in 1979 of breaking and entering in VA. and NC. Did my time and for the last 38 years have had no legal issues. Now live in South Dakota. Can I legally have a firearm now here? Do I apply in SD. To get rights restored or must I go through VA. And NC.? Note* my voting rights have been restored by VA.

    Comment by Claude Dove on July 11, 2018 at 1:18 am

  101. With that felon charge from over 15 years ago, for 1 gram of cocaine! Stop me from letting me have a gun to protect myself? I haven’t been in any kind of trouble since then, but Seriously I need to know! Thanks in advance!!

    Comment by Mike on September 6, 2018 at 1:54 am

  102. I was convicted of robbery by intimidation over 20 years ago in Georgia, no weapon, just someone who owed me 40 $ . I’ve never been in prison , just probation and fines that have long been paid. Do I have a good chance of having my rights to own a firearm restored. I was17 at the time , now 41.

    Comment by Geremy Vincent on November 8, 2018 at 6:10 pm

  103. I was convicted of a Felony Robbery in the state of Illinois in 1973, After I did my time and the parole I was given all my rights back as to owning a fire arm- hand gun- C.W.P. every thing except I could not run for the Office of the President of the USA. I have never had any trouble buying any gun after that.

    Comment by Bob Hankins on November 23, 2018 at 2:34 pm

  104. I live in Louisisana and i wanted to know the proper answer to if a person is convicted of a drug charge can the still purchase a fire arm years later??

    Comment by mr la on January 8, 2019 at 10:56 pm

  105. I was convicted of a class E felony in 1989 for forgery im am now allowed to vote but want to know if i can possess a firearm in the state of ks ive never had any aggravated or battery charges in my life

    Comment by Cameron Keitel on April 21, 2019 at 1:51 pm

  106. 1. Note: Every Gun Dealer is (01)(02) & N.F.A. is (09)too! Should be aware of convicted Felons on Drugs & Weapons Arrest Records Should be reported to the F.B.I.& A.T.F. Justice Dept. First too! Second It should go the State Government of 50 States too! Highway Patrol & State Police of 25 States too! An The State Police of 25 States to in the U.S.A too. Then the Country Level , The City Police Dept. Local Police Depts. Township Police Depts. Town Police Depts. in every State in the U.S.A too! The Criminals Should not be allowed to Buy Long Guns & Handgun’s Or Ammo too! Is Off Limits too! They Can’t Be Trusted With a Firearms of and Hunting Knives too! Agree!! They Should Denied too! I agree!!! ,

    Comment by David on April 30, 2019 at 2:37 pm

  107. Can an expungement in a domestic violence charge get my gun rights back in California

    Comment by Tom Sperry on June 2, 2019 at 10:33 pm

  108. So I was convicted in Florida for a burglary of a structure witch is a felony and did 3 years dose that take ur gun right away

    Comment by Angelo on July 9, 2019 at 5:04 pm

  109. I am not able to personally own a gun, but my 20 year old daughter is and she is an avid shooter. Can I purchase a semi auto rifle for her as a gift in Colorado

    Comment by Travis on December 22, 2019 at 11:36 pm

  110. 1995 I was convicted a crime assault and battery burglary can I gain my rights back to bare arms to protect for in house only . Thank you

    Comment by Angela on April 12, 2020 at 12:54 pm

  111. I have 4 DUI’s from 2005 or 2004-2011. I was told by the courts I couldn’t buy or own a firearm. Is this correct and if so, can it be changed?

    Comment by Don McClernon on June 26, 2020 at 12:40 pm

  112. Can a felon be charged with unlawful possession of a firearm by serious violent felon even if the gun was not in his possession in a vehicle

    Comment by Anthony Hutchinson on July 1, 2020 at 10:41 am

  113. I was convicted of a battery felony with a stranger back in 2005 in California. I served less than a year in L.A. county jail. I, now, live in Utah. Can I purchase a handgun, rifle, or shotgun? Please contact me.

    Comment by Valerie on July 30, 2020 at 12:04 am

  114. I was convicted in NY of a felony DWI back in 1994. I have had no other interactions with the law since then. I received a certificate of relief from disabilities from NY to the state of Maryland. I now live in South Carolina and I am still not allowed to purchase a gun in the state due to fbi background check, still showing felony. How do I rectify so I can have my 2nd amendment rights restored?

    Comment by Rick DeMicco on September 4, 2020 at 8:57 am

  115. I was convicted of 3 felonies 27 years ago in NY, I’ve lived in Florida for the last 13 years. Can I restore my 2nd amendment rights?

    Comment by Jon Lasand on October 6, 2020 at 1:24 pm

  116. I was wondering I have a felony from 12 years ago which was a Possession charge but it shows up on my background but underneath it says it’s been exsponged would I still be able to purchase a firearm or not

    Comment by David on October 8, 2020 at 9:48 am

  117. My question is who should i contact? Or how do i go about to get my gun rights back?or be able to own a firearm?, i was convincted as class b felony with
    a gram of weed in kansas i would say 9,10 years ago i have no other charges on my record besides that i recently moved to iowa and my boy wants to go hunting ,so im trying to figure out who i need to cantact? Any help would be awsome

    Thank you

    Comment by Josh Tucker on October 27, 2020 at 10:47 am

  118. I am a convicted felon in 2000 to 2005 due to 3 DUI within 5 years . Since that time I have had some issues with my drivers license but have that all updated . I am a single women and live in an apartment complex and someone was trying to enter my door and I went to the door after hearing the key being put in the lock and the handle turning and said who the F is trying to get in my door and this was around 8am so it was at daylight hours and they took off in the direction I couldn’t see from my window . This is a small complex and nobody has seen nothing I want something for my protection and feel if it was tried once it will occur again and I want to protect myself that’s my right . I sleep with knifes and put knifes in the door concerned of my rights to protect myself advice needed ASAP

    Comment by Teresa Slaubaugh on November 1, 2020 at 5:45 am

  119. I wanted to also say that I live in Indiana and being a single women living alone is a risk factor and want to be able to protect myself at a distance if this occurs again my chances are greater then trying to physically fight the intruder at hand and knife battle because that is my only option overwhelmed need answers ASAP.

    Comment by Teresa Slaubaugh on November 1, 2020 at 6:02 am

  120. I was convicted of 2nd degree burglary its a non violent offense I’m off parole can I buy a firearm to protect my family I have no robberies nor drug offenses

    Comment by Mark on November 22, 2020 at 9:26 pm

  121. Can I own a shotgun ,Ive been off paper parole for 20 yrs

    Comment by Garrick Muller on December 8, 2020 at 10:24 am

  122. I have a felony from 23 years ago in Colorado however i now reside in Oklahoma. I am 53, disabled, live alone and would really like to have my gun rights restored. How do i do that being im no longer in the state I have the felony?
    Thanks for the help

    Comment by Pam Leavitt on December 13, 2020 at 11:47 pm

  123. At age 17,I was convicted of receiving stolen property in California,sentenced to 1 year santa Clara county jail. I completed all formal probation requirements and was released from probation early for fallowing my probation. I was convicted as an adult for the crime.I have lived in Colorado for the last 17 years, but have not been in any trouble since. My question,can I restore my gun rights? Who can I contact to do this. can you give me information to do this?
    I worked for the state of Colorado for 4 years and I am currently employed by a sub contractor to carry and haul bulk mail for the u.s.p.s.
    My point is,I have passed both background and finger print checks with out problem
    Please inform me of what I should do?

    Comment by Scott on December 27, 2020 at 10:36 am

  124. I was convicted of a felony in 1998….can I buy a gun or get my ccw… I’m now 46yrs …it was a long time ago…..

    Comment by Leroy Becton on January 3, 2021 at 6:50 am

  125. What is fucked up is that children do stupid things. The New York Criminal system is corrupt. Police write up a charge by Trumping it up to a felony. I was 16 years old and was on my own since I was 13. My mother a Prostitute Junky who only cared for the low life man she was with. Having to survive on the streets back in 1979 1982. I was left to hustle to stay alive. I ‘m not gay, but many men would give me a $100 ‘s . I was hanging out with this man all night drinking beer. Towards the morning he said, What do need to need to stay at the hotel. ‘I said $ 5 more.’ He replied, ” don’t worry, you can stay in my basement. As we are walking to the train after he gay bashed all night, grabs the railing with his other arm, and tries to stick his tongue down my throat. He was a grown man weighing like 200 pounds. He was drunk and I pushed him down the stairs. A subway cop that use to go to the gay bath’s on ST Mark’s. He jumps in a Taxi and I thought nothing of it because it was the man that assaulted me. They took us both to the Present. The cops kept me because, when they called my mom, she replied” “What do you want me to do about it”? They ran me through the process and I was ROR. My Mom was supposed to come with, I tried to get my older Brother, and he said don’t worry you don’t have to show up. 4 months later I was caught in a sweep. They hookers they arrested. I got picked up with them. My Legal Aid was now an assistant ADA/ Assist Court attorney. I was on Riker’s Island with men compared to me. I had to fight 5x a day. I even ended up with my Kidney’s bleeding. My So called council told me you almost died there. Imagine if you go to trial and fail. You will go up for four years with men. Imagine what they will do? If you cop out to a felony you will be home in a month and half? We rehearsed what she wanted me to say. Every time I went in front of the judge I didn’t get what she told me to say. For the 3rd time. I couldn’t remember what they wanted me to say. The female Judge who cared more about building her career said, “Just say yes after I read the Charges.I had no idea what any of this meant. No true counsel. Now, I was arrested 3 times 1,A possession, a knife. It was dangerous times. Then they gave me another felony, for conspiracy to a sale in the 5th degree? That is if you are walking down the block and someone keeps bothering you asking where is the stuff and you turn your head in direction. Anyways, Mario Cuomo, said Who ever finishes the 6 month’s of Military training, he will give them their rights. My sister said, I could stay with her. The Drill Sargent’s and captain at Monterey Correction yelled at my sister for lying to them. They ask me to stay up in the Military Program. However, I had Enough,I figured I would beg my mom to let me stay with her. They first released me to the worse shelter in New York Brooklyn. It was called the castle. I was assigned a bed that someone was killed in before that was why there was an open bed. I stayed out of trouble and rebuilt my life. It was 31 years ago. These were sentences when you are stuck waiting to go to trial and they just keep you there until you had enough of their torture treatment. When you are ready for trial and the Lawyer comes up and claims , “I can’t take your case because I represented the guys who tried to kill you. Then you have to start all over again with really new Attorneys that never worked a case but want to experiment on you to get some experience. This was 31 years ago. It was to take people out of their rent controlled apartments. This was to build the Great Criminal Giulianis Career. He became The Mayor. I got out and the promises of Governor Cuomo that if I did everything as they said I would be able to join the military. I had no education. I still manage to turn my life around. From washing dishes, to taking out garbage. Working as a Temp for William Morris, Dupont, and Citi Bank. I worked so hard and the people were forgiving to give me a chance. After 31 years, I figured if I have done the right thing for over 31 years that all would be forgiven. These were made up charges.. I was 16 when first arrested because a child Molester tried to have his way, that I wouldn’t end up paying with the MARK OF CAIN. Even GOD forgave CAIN and said no one to harm Cain. Conspiracy to a sale in the 5th degree isn’t even a crime today. New York, NY has stupid crimes. The weapon was a pocket knife. Just to cover their asses for false arrest. It was legal Kidnap holding me hostage. As a youth scaring me to cop out. This was 31 years ago, it should’ve been buried. I hurt no one and yet the child molester got away while I did time and I was the Victim: The Court Attorney said, “Look at him, He is a homeless kid with no family, no one who cares. On the other hand the other guy has a good job” This was my attorney that became an Assistant District Attorney. That there was a conflict of interest. If They never got the first case for me. None of them would’ve stuck. Anyways, it was 31 years ago, it should be let go. I never did anything since. If I knew what I know today. I would’ve fought. What kind of Lawyer scares a kid into destroying his life? Still paying. Comes up to haunt me? The criminal is Giuliani. His father committed am Arm Robbery. He is the one who said,” it runs in the family. Look at him today. They get off? The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish!

    If this is true, it is a serious fact, and moral duty requires me to call the attention of my fellow-citizens to it.

    Comment by Roberto on January 15, 2021 at 8:35 pm

  126. Short: I was 16 and Homeless at 13. I was a victum of perverted Grown men. They Got me to cop out for a crime that I didn’t do. Knowing I was almost killed in Rikers and was Bleeding in my kidneys. My Attorney got me out ROR. I had to have a Grown up with me. My mom could’ve gave a shit. Only her perverted Boyfriends counted. Now my Attorney becomes ADA. Assistant District Attorney. She said, to trust her, and she would get me out. She said If I take it to trial Who do you think they’re going to believe a man with a good Job or a street kid that no one cares for? I will have you home in 2 months if you plea Guilty. I did. Not understanding. This was back in 1982, I was on my own from 1979. I just wanted this nightmare to end. Once they get 1 conviction they all stick. I had a pocket knife and the gave me a misdemeanor, then I got cought with a crack stem. Next they charge me with the stem as proof of conspiracy to a sale in the 5th degree. “What the hell is a sale in the 5th meaning that someone may have asked me where to buy crack and I said “over there”. That shouldn’t be a Felony? I went to Governor Mario Cuomo Shock Program and finished with flying Colors. I had a Platoon photo. I was proud. I never got in trouble since. That was 31 years ago. But how can they haunt me with this. Giuliani locked up the whole Neighborhood just to break their apartment leases. Guiliani was paid off by the real estate Corporation and the help to build his career.. I am still paying for Bull shit that I did as a youth. I never hurt anyone. 31 years, later. if it comes up I am Mr, Bad Guy? For that be honest: if you are going to destroy a youngman’s life forever, kill him. You gave him the Mark of Cain. Just stone Him to death. Not even God treated Cain this way.The law perverted! And the police powers of the state perverted along with it! The law, I say, not only turned from its proper purpose but made to follow an entirely contrary purpose! The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! This is Nixon’s law who was impeached, Rockefeller that his father exploited money from Hitler. The Nazis with in America is who runs and destroyed my life. 1982 it is 2021 that was 31 years ago. I am an old man now.

    Comment by Roberto on January 15, 2021 at 9:08 pm

  127. This just proves after, what happened in the capital the Republicans that fear Trump will destroy our country from within. The CIA has known that the Nazi party has been the biggest terrorist and the threat. 1936 Madison square Garden’s Nazi Protest just like the March on the Capital. These guys get away when people that are poor or children suffer under the perverted law. As Frederic Bastiat said The law become the weapon of every kind of greed! Instead of checking crime, the law itself guilty of the evils it is supposed to punish! This is Nixon’s law who was impeached, Rockefeller that his father exploited money from Hitler. The Nazis with in America is who runs and destroyed my life. 1982 it is 2021 that was 31 years ago. I am an old man now. 31 years and it should be gone if I never did anything wrong again. I did a 6 month Military Boot camp. That most rather have went to prison. And, True Violent Criminals weren’t allowed. I was not as the charges say. and Mario Cuomo promised us a new lease on life. If it would’ve been longer I could’ve got an education I am going to write his son that is my age

    Comment by Roberto on January 15, 2021 at 9:21 pm

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About the author
ABOUT THE AUTHOR Bryan L. Ciyou is a trial and appellate attorney at the Indianapolis law firm of Ciyou & Dixon, P.C. He earned his BA with distinction and graduated through the honors program, along with his JD,... Read More