The attorneys at RecordGone.com have answered all of the most commonly asked Pennsylvania firearm rights restoration questions. We can help you to get your firearm rights back. We offer a firearm rights restoration service as well as a free online eligibility test to check if you are eligible to regain your firearm rights.
Simply click on a question to view its answer:
No, the process of petitioning the court to restore your gun rights is the same whether you pled guilty or pled no contest to the crime that resulted in your gun rights being taken away. You just need to satisfy the other requirements for restoring your gun rights.
Yes, you may file for them at the same time, but if an offense has resulted in a loss of firearm rights, it is most likely not eligible to be expunged in Pennsylvania. Your other option would be a pardon, which, if granted, restores your firearm rights and makes you eligible for an expungement through the court.
PA restorations can be denied for various reasons, which can depend on the reason you need the restoration/what is on your record. Some of the reasons include: (1) the court feels you would be a danger to society if your gun rights are restored, (2) the serious or dangerous nature of the offense, or (3) it may be discovered that you are otherwise not eligible to restore your gun rights.
This process will not fully restore your firearm rights if you were convicted in a federal court. If you have a federal conviction that prevents you from possessing/purchasing a firearm, you must restore you gun rights through some other avenue, such as getting a pardon from the President, a service we do not provide at this time.
There is a federal ban (Lautenberg Amendment) on firearm ownership that applies to those convicted of misdemeanor crimes of domestic violence. The federal definition may be different from Pennsylvania’s definition. Furthermore, you may be exempt if you satisfy certain requirements. If you would like us to evaluate your case and determine if the federal ban will apply against you, we would be happy to do so for a small researching fee, which will be applied to the cost of the restoration service if you decide to move forward with that following the evaluation.
If you have a felony conviction, then the federal firearm ban applies to you; and unfortunately, the PA restoration does not lift the federal ban. This means that while you may be eligible to have Pennsylvania restore your firearm rights that are lost under State law, the federal ban would still apply to you. The only way currently to lift the federal ban for a
Pennsylvania state law does not care where you received the conviction. The state law only cares whether you satisfy the other requirements for restoring your gun rights. However, the PA restoration does not relieve the federal ban, which applies to those convicted of a felony. In order for the restoration
In order to determine whether the Pennsylvania conviction prohibits firearm purchases or possession in your current state and whether a PA restoration would be honored by that state, we must evaluate the laws of both states. The Pennsylvania state restoration does not lift the ban that applies under federal law to those with a felony conviction.
In Pennsylvania you must have your civil rights in order to have the federal law lifted that prohibits felons from possessing a firearm. Your voting rights are restored immediately upon release from incarceration so you do not have to restore your right to vote. The right to serve on a jury is taken away if you have ever been convicted of a crime punishable by more than one year in prison. This right is only restored with a pardon. Additionally, you lose the right to hold public office if you have been convicted of embezzlement of public money, bribery, perjury, other infamous crimes (any felony basically). That right also can only be restored through a governor's pardon. Therefore, if you lost the right to serve on a jury or hold public office and you have not received a pardon, then the federal law will prohibit you from owning or possessing a firearm even if the court granted the state restoration.
No, we do not offer a guarantee on the PA firearm rights restoration service, because of the amount of work it involves. We are unable to offer such a low flat fee and a money-back guarantee on this service.
Typically, the PA firearm rights restoration process takes eight to nine months, depending on your particular circumstances, the court’s workload at the time of your petition, and whether there are any objections from the District Attorney's Office or other interested parties. Pennsylvania law requires that the court hold a hearing on your application before it can restore your gun rights.
Unfortunately there is not a way to expedite the process through the courts. They decide on these applications in the order in which they are received. The sooner you get the process started, the sooner we can file the petition and have a judge rule on the matter.
It is nearly impossible to say what your chances of success are without knowing more about your case. Whether or not you are eligible can depends on your individual circumstances. To evaluate your case and determine what we believe the chances of success are, we charge a researching fee that we apply to the cost of any service that you hire us to perform.
No. We are licensed attorneys, and we go to court for you.
After the judge signs the restoration order, the court will update its records and send a copy of the order to the Pennsylvania State Police, Firearms Division, so that you will not be denied when you go to purchase a firearm and have the PICS background check run on you.
The court is the first to update its records. The Pennsylvania State Police updates its records once receiving a copy of the court order (which is usually within ten days after the order is entered). Keeping a copy of the order for your own records in case you need to provide the order in the future when you apply for a gun permit is advisable.
If your PA firearm rights restoration petition is denied, we will determine the reason for the denial and then evaluate the best way to proceed. We may recommend refiling with additional supporting information or we may recommend that you wait longer before you refile.
*The Expedited Record Clearance Update service is not a court service and requires a granted court order. Once we receive a granted court order for your case, we can expedite an update of 650 private background check companies within 14 business days. The service does not involve or influence any court, tribunal, legislative body, or public official in order to complete the update, nor does is expedite traditional court or government record update processes.