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Pennsylvania Firearm Rights Restoration FAQ Frequently Asked Questions

This page was designed to help our clients better understand our Pennsylvania Firearm Rights Restoration service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.



How long does the process take?

Typically, the process takes three to four months, depending on your particular circumstances, the court’s workload at the time of your petition, and whether there are any objections from the government or other interested parties. Pennsylvania law requires that the court hold a hearing on your application before it can restore your gun rights. We base our estimates of how long a case will take on how long the average is for that service in that state. Some cases, however, can take less or more time depending on the facts of the case, whether the DA is agreeing or objecting, the age of the case, etc. We work on your case as fast as we can and assist the court and DA in anything they need to get your case heard.

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Can the process be done faster?

The courts work on a first-come, first-served basis. Therefore, the sooner you sign up, the sooner your case is heard and decided. If helpful, we will gladly write your employer or potential employer a letter letting them know we have reopened the case and are in the process of getting your gun rights restored.

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How do I know what is going on with my case?

We have an online tracking system that is just for your case(s). You will have a user name and password for the account, which will have the information specific to the case. Whenever anything happens in your case, we post the information in your online account so that you can view the status of the case and the progress that is made. If there is no post on your online account, then that means that there is no update in the case. For example, once we update your online account to reflect that we have filed the motion with the court we will update the notes when we hear a response from the court or District Attorney. Depending on the court, a case can take several weeks to months to hear from the court or District Attorney whether there is an objection, hearing, or anything else. If something is taking longer than usual for the court, we will call to obtain status of the case and update your online notes. In addition to posting the status updates in your online account, we will post your case information in the case information so you are aware of the case and future hearings.

Moreover, we post your contract and payment plan information on the online account for you so that you can view all the information and print the necessary content.

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What are my chances of success?

It is difficult to say without researching your case. Whether or not you are eligible can depends on your individual circumstances. We charge a researching fee to do it and we apply that to the cost of any service that you hire us to perform.

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Do I have to go to court?

No. We are licensed attorneys so we go to court for you.

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How does the attorney know my case details?

Once you sign up we have you fill out a questionnaire on your personal online account. The questionnaire asks questions that influence the outcome of the case and allows us to argue the case before a judge. Although some of the questions may seem simple, the more information and detail that you provide in your answer, the better able we are to argue the case in your favor.

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Do I need to hire an attorney or can I proceed with the restoration of firearm rights on my own?

Most people hire an attorney to (1) make sure the process is done right the first time so your case does not get rejected or cost you months of delay, (2) handle objections from the district attorney, and (3) send an attorney to court to argue the case if need be.

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Does my disposition of guilty or no contest matter?

No, your disposition does not matter. 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.

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What happens after my gun rights are restored?

You will receive a court order restoring your gun rights. 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 a gun permit when you go apply for one.

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How long do records take to be updated?

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.

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Do you have a money back guarantee?

We are unable to offer a money back guarantee because the process involves a substantial amount of preparation and sometimes several appearances in court by our attorneys. We cannot afford to offer this low of a price along with a money back guarantee.

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Do you have payment plans?

We can create a payment plan that meets your needs. We typically spread payments into equal monthly amounts. Please view the pricing for details regarding payment plans.

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What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge a researching fee to do so and we apply that to the cost of any service that you hire us to perform.

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Can I restore my gun rights and expunge the conviction at the same time?

Yes, although this is no guarantee that you will be granted one or the other. Restoring your gun rights and expunging your conviction are two entirely different things with different requirements. However, we will offer a discount on the gun rights restoration if you sign up for expungement as well.

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What is the main reason that a case to restore firearm rights is denied?

Cases are denied for the following reasons: (1) an inaccuracy in the court file, (2) an inaccuracy in your criminal records, (3) the court feels you would be a danger to society if your gun rights are restored, (4) the nature of the offense, or (5) you are otherwise not eligible to restore your gun rights.

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What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed that can include refiling or we recommend the person wait longer to refile.

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Can I restore my firearm rights if I was convicted of a federal crime?

It does not matter if your offense was a Pennsylvania crime, a crime from another state, or a federal crime. As long as you satisfy the other requirements for restoring your gun rights, then you are eligible.

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Does it matter if my conviction was for domestic violence?

There is a lifetime prohibition from the United States government (Lautenberg Amendment), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by federal law. The federal definition may be different from Pennsylvania’s definition. Furthermore, you may be exempt if your satisfy certain requirements. If you would like us to evaluate your case and determine if the federal ban will apply against you then we can for a researching fee. If you then sign up for firearm rights restoration the researching fee will be applied to the total.

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What if I have multiple felony convictions?

You can still petition to restore your gun rights even if you have had multiple felony convictions. In most cases, however, at least 10 years must have passed since your most recent felony conviction that makes you ineligible to possess a gun.

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What if I have multiple felony convictions in multiple states?

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.

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What if I now live in a state other than Pennsylvania, but I was convicted of a felony offense in Pennsylvania?

In order to determine whether the Pennsylvania conviction would apply to your current state of residence, and whether restoring your gun rights in Pennsylvania would help at all, we must evaluate the laws of each state. If you would like us to evaluate your case and determine if it is possible then we can for a researching fee. If you then sign up for firearm rights restoration the researching fee will be applied to the total.

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What if my civil rights are not restored?

In Pennsylvania you must have your civil rights in order to have the federal law not prohibit you from owning 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 can only be restored by getting 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 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 have not been granted a pardon then the federal law will prohibit you from owning or possessing a firearm even if the state restores the right.

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Who can serve on a jury in Pennsylvania?

In Pennsylvania, you may serve on a jury if you: 1) are able to read, speak, and write the English language, 2) have not been convicted of a crime that is punishable by imprisonment for more than one year unless you have been pardoned (42 Pa. Cons. Stat. § 4502(a)(3)), 3) are physically and mentally able to perform the functions of a juror, 4) are a United States citizen at the time that you are summoned, 5) are a resident of the county by which you are summoned and are at least eighteen years of age.

http://www.courts.phila.gov/juryservice/

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The first step towards a better life begins with finding out if you are eligible for Pennsylvania Firearm Rights Restoration.



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SERVING ALL OF PENNSYLVANIA

Call us at 412-568-1432 or Toll Free (877) 573-7273
Please take the free online eligibility test before calling.

Law Firm of Higbee & Associates
501 Cambria Ave., Mailbox #332
Bensalem, PA 19020
*By Appointment Only

We handle cases in Adams, Allegheny, Armstrong, Beaver, Bedford, Berks, Blair, Bradford, Bucks, Butler, Cambria, Cameron, Carbon, Centre, Chester, Clarion, Clearfield, Clinton, Columbia, Crawford, Cumberland, Dauphin, Delaware, Elk, Erie, Fayette, Forest, Franklin, Fulton, Greene, Huntingdon, Indiana, Jefferson, Juniata, Lackawanna, Lancaster, Lawrence, Lebanon, Lehigh, Luzerne, Lycoming, Mckean, Mercer, Mifflin, Monroe, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Somerset, Sullivan, Susquehanna, Tioga, Union, Venango, Warren, Washington, Wayne, Westmoreland, Wyoming and York counties.