Restoration of Gun Rights


If you were convicted of a crime, you may have lost your rights to possess a firearm. Under certain circumstances, depending on your state, you may be eligible to restore your gun rights. RecordGone.com specializes in post-conviction relief and can help restore firearm rights or fix wrongful denials of firearm transactions. We have helped thousands of people restore their second amendment rights or correct the wrongful denial of their firearm rights.


Table of Contents

Under certain circumstances, depending on your state, you may be eligible to restore your gun rights. We have helped thousands of people restore their second amendment rights or correct the wrongful denial of their firearm rights.


How to Restore Your Firearm Rights

There is no short answer to that question, which is why we always recommend you have your record examined by an experienced and licensed attorney. Removing a federal firearm ban will depend upon the State and type of court in which you received the offense that triggered the firearm ban. A federal ban which results from a state conviction can only be lifted in the state of origin. For example, if you were convicted of a felony in a California state court, you can only lift the federal felony ban through California law in a California court or by applying to the California Governor’s office for a pardon.

Ways to Remove Your Federal and State Firearm Bans

If your case was in state court, and if the state in which your conviction occurred allows your rights to be restored whether through expungement, set aside, civil rights restoration, or by a firearm rights restoration process; that process will also lift the federal ban that applies to you. Additionally, in some states, a restoration is possible by applying for a governor’s pardon or civil rights restoration. Each state’s law is different, and the effect of the state law is more important than labels provided by the state. Consulting with an experienced attorney is the best way to determine what methods of restoration are available in your specific circumstance.

If your case was in federal court, you’re likely out of luck. Your only option is to apply for a presidential pardon, which are granted very rarely.

State Specific Information on Restoring Firearm Rights

If you are interested in state firearm rights restoration, we offer services that could potentially restore your rights in the following states if you meet the eligibility requirements:

Arizona Firearm Rights Restoration

In Arizona, a person convicted of a felony loses the right to possess a gun or firearm.1 Fortunately, Arizona law provides three methods available to restore your firearm rights. Firearm rights may be restored by applying for Firearm Restoration in the court of conviction or by applying for a Set Aside of the prohibiting conviction.

If you were convicted of a felony you are eligible to apply for restoration 10 years after discharge of probation. If you were convicted of a “serious offense” you are eligible to apply following a two year waiting period, although this waiting period can sometimes be circumvented by instead applying for a Set Aside.4

Additionally, you may be eligible for restoration even if you went to prison as long as you received an Absolute Discharge. The third option is to receive a Pardon from the governor, but they are granted infrequently. Please note that those convicted of a “dangerous offense” may only restore their rights through a pardon.3

Our firm provides both an Arizona Set Aside service and an Arizona Firearm Restoration service. We will handle your case from start to finish, including conducting case research, drafting and filing motions and answering prosecutor opposition to get your Arizona firearm rights restored.


California Firearm Rights Restoration

In California, anyone convicted of a felony in any jurisdiction cannot purchase or possess a firearm.5 In addition, anyone convicted of certain violent misdemeanors (including domestic violence) cannot purchase or possess a firearm for a period of 10 years from the date of conviction but their rights are restored automatically in California following this period.6

Fortunately, California law provides a convenient form of firearm restoration for people convicted of certain felonies. If you were convicted of a felony “wobbler” in California, you may be eligible to restore your firearm rights by having your felony conviction reduced to a misdemeanor through a Felony Reduction process.7 “Wobblers” are felony offenses that could have been charged as misdemeanors or felonies.

Note that more serious offenses such as murder and robbery cannot be charged as misdemeanors and do not “wobble,” so they are not able to be reduced. We offer Felony Reduction as part of our Felony Expungement service and we prepare all necessary documents to be filed in court and appear in court on your behalf.

Firearm rights in California may also be restored by a Pardon except when the underlying offense involves the use of a dangerous weapon.8 We offer a California Pardon service that includes filing an application on your behalf, obtaining all necessary court documents, and preparing a statement describing your productive and law abiding lifestyle to be sent to the Governor’s Office and necessary District Attorney Offices.

You can find out more about restoring your California gun rights here.


Colorado Firearm Rights Restoration

In Colorado, firearm rights lost due to a felony conviction can only be restored through a Pardon granted by the governor.9 To be eligible for a pardon, your felony conviction cannot be a federal conviction or a conviction that occurred in another state. In addition, pardon applications for felonies are not accepted until 7 years have elapsed since the completion of your sentence.10 The process to obtain a pardon requires submission of an application, along with a certificate from the respective superintendent of a correctional facility stating the good conduct of the applicant while incarcerated, and evidence of the applicant’s good character.11

The application along with the additional materials is then submitted to the district attorney, the judge who sentenced the applicant, and the prosecuting attorney for comment before being presented to the governor and the Executive Clemency Advisory Board for final decision. Please note Governor Hickenlooper has pardoned 40 individuals out of 170 total applications reviewed by his Office.12


Florida Firearm Rights Restoration

In Florida, anyone who was convicted of a felony in any jurisdiction is banned from owning or purchasing firearms. Those convicted of out of state misdemeanors that can be punished for a prison term longer than a year also fall under this ban.13 Currently, the only way to restore your firearm rights in Florida is to apply to the Florida Office of Executive Clemency.14 In order to be eligible to apply, there is a waiting period of 8 years following the expiration of your sentence. You must also have no outstanding detainers, pecuniary penalties, or liabilities that total more than $1,000. In addition, you may not have any outstanding victim restitution, including restitution pursuant to a court order or civil judgment, or any other victim assistance obligations. Regaining your firearm rights will also require an in-depth interview with an examiner of the Florida Parole Commission.

We offer a Florida gun rights restoration service which includes researching your case, writing all essential motions, submitting your application to the Florida Office of Executive Clemency and sending out an attorney to present your case. Please note that the Clemency board is taking approximately 9-10 years to process an application for firearm restoration.


Illinois Firearm Rights Restoration

Individuals in Illinois who have been convicted of a felony in Illinois or elsewhere may not possess a firearm or ammunition.15 Fortunately, Illinois law allows the Circuit Court or Illinois Department of State Police to grant restoration of firearm rights if they find that:

  1. the person has not been convicted of a forcible felony in any state within the past 20 years;
  2. the circumstances regarding the conviction, criminal history, and reputation show that the applicant will not be likely to act in a manner dangerous to public safety; and
  3. restoring firearm rights would not be contrary to the public interest.16

Whether the Circuit Court or Illinois Department of State Police decides your case depends on the type of conviction you received. We offer an Illinois Firearm Rights Restoration service and are prepared to research your case and determine which authority decides your case, write and file motions, argue in court and respond to prosecutor opposition on your behalf.

Firearm rights may also be restored through grant of a Pardon in Illinois, but the pardon must specifically include the restoration of firearm rights. Our firm also offers an Illinois Pardon service and will prepare and review the application and take care of filing it with the Prisoner Review Board.


Indiana Firearm Rights Restoration

Under Indiana law, anyone who has ever been convicted of a felony (or a misdemeanor of domestic violence) loses his or her right to own or possess a handgun.17 While an expungement of your offense will not restore your gun rights in Indiana, a felony reduction will do so. Note you cannot reduce a felony to a misdemeanor if you have a subsequent felony conviction.18 We offer an Indiana Felony Reduction service and will write and file any essential documents and motions, respond to DA opposition and if necessary send an attorney to court to advocate for your case.

Indiana also provides a route for firearm restoration through the court, but it is only available for misdemeanor domestic violence convictions.19 If this option is available to you, we offer an Indiana Firearm Rights Restoration service and will research, compile and file all applicable documents with the court and send our attorneys to court on your behalf. Please note, if your felony cannot be reduced and if you do not have an eligible domestic violence offense, a governor’s Pardon is the only method available for restoration.20


Michigan Firearm Rights Restoration

In Michigan, a person convicted of a felony is subject to a firearm ban for 3 years after completing the terms of their sentence. If a person is convicted of a “specified felony” (such as those involving the use of force, an explosive or firearm, controlled substances, or burglary), then the person is subject to the ban until 5 years after completing the terms of their sentence.21 A person who has lost his or her firearm privileges due to a conviction may regain them by applying to the “concealed weapons licensing board” for the county of his or her residence. The administrative procedure to restore firearm rights includes petitioning the circuit court in the county in which the applicant resides. If the board refuses to restore firearm privileges, then person may petition to the circuit court.

A person who has lost their firearm rights due to a conviction may also have their conviction Set Aside in order to restore those rights.22 The circuit court will restore these rights if, by clear and convincing evidence, the following circumstances are true:

  1. The individual properly submitted a petition for restoration of firearm rights,
  2. five years have passed since the individual has paid all fines imposed, all terms of imprisonment have been served, and all terms of probation or parole have been completed, and
  3. the record and reputation of the applicant are such that they are not likely to act in a manner dangerous to the safety of others.

We offer a Michigan felony set aside service and will research, compile and file all applicable documents with the court and send our attorneys to court on your behalf.


Minnesota Firearm Rights Restoration

Under Minnesota law, those convicted of a felony have their firearm rights automatically restored upon completion of their sentence.23 Additionally, a person who has been convicted of multiple gross misdemeanor or misdemeanor offenses of Chapter 152 or of any domestic violence offense may regain their firearm rights automatically after a three year period.24 Only those convicted of a “crime of violence” do not regain their firearm rights automatically.25 Fortunately, Minnesota law provides for the restoration of a person’s firearm rights lost due to a crime of violence through a Minnesota Restoration of Gun Rights. Restoration requires petitioning the court. When determining whether to restore an individual’s firearm rights, the court will consider whether:

  1. the petitioner shows good cause to do so, and
  2. if the petitioner has been released from physical confinement. If the petition is denied, the petitioner must wait three years to refile.26

Our firm provides a Minnesota restoration of gun rights service and we file your petition with the court and make sure our attorneys represent you in court at any hearings that may be required.


Nevada Firearm Rights Restoration

In Nevada, the conviction of a felony, in Nevada or any other state, will result in the loss of all firearm rights. Firearm rights can only be restored by pardon.27 If the offense is federal or in another state, then a pardon must be obtained in that jurisdiction to restore firearm rights. In Nevada, the only way to obtain a pardon is by applying to the Nevada Board of Pardons Commissioner.28 If a pardon is granted, the pardon must explicitly state that the person is restored to the right to bear arms. We currently do not offer pardon services in Nevada.


New Jersey Firearm Rights Restoration

In New Jersey, a person convicted of specified violent crimes and “any crime, or a disorderly persons offense involving an act of domestic violence” is ineligible to own, purchase, control, or possess any firearm.29 Although a certificate of rehabilitation is not sufficient to restore firearm rights, there are two possible options to restore your rights in New Jersey. One way is to apply to the gubernatorial pardon.30 A second option is to restore your firearm rights through an Expungement.31

Our firm offers a New Jersey Expungement service and will conduct the research, file the necessary motions, respond to written or oral opposition from the prosecutor’s office and send one of our attorneys to court to argue your case in front of the judge.


New York Firearm Rights Restoration

In New York, an individual convicted of a felony or serious offense, or who has an outstanding warrant for an alleged commission of a felony or serious offense will lose their firearm privileges.32 This includes possession of any rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle loading firearm.33 If you have been convicted of any misdemeanor offense, or have no more than one felony conviction, which is not a Class A felony or a “violent felony,” you may apply for a Certificate of Good Conduct or Certificate of Relief from Disabilities to restore your civil rights.34 Note that in New York, multiple felony convictions in one case only count as one conviction.

Our firm offers both a New York Certificate of Relief from Disabilities service and New York Certificate of Good Conduct service. We can research your case and determine your eligibility and compose and file your application. If a hearing is held, we also send an attorney to argue your case. Note, the only option for those convicted of“violent felonies” and Class A felonies would be to obtain a Gubernatorial pardon.35


Ohio Firearm Rights Restoration

A felony conviction of violence or a felony drug offense will result in a person becoming subject to Ohio’s firearm ban and they will not be allowed to carry or use any firearm.36 Additionally, if someone is convicted of a felony drug offense or of assaulting a peace officer, they will not be issued a license to carry a concealed handgun. Fortunately, the ban can be lifted for Ohio residents through the court if: he or she is fully discharged from the sentence, has led a law-abiding life since the conviction, and is not otherwise prohibited by law from having a firearm.37 Note that this restoration process is also available to Ohio residents with out-of-state convictions, however the federal firearm ban will still apply to them. We offer an Ohio firearm rights restoration service and will file the necessary petition with the court and defend your case on your behalf.


Oregon Firearm Rights Restoration

Oregon applies a firearm ban against any person who has ever been convicted of a felony or certain domestic violence misdemeanors (where the victim of the offense was either a family member, household member, parent or guardian).38 Oregon has also recently enacted a true misdemeanor ban, which applies when the person has been convicted of a misdemeanor that involves violence.

Fortunately, in Oregon, firearms rights are automatically restored 15 years after discharge from a sentence to a person convicted of no more than one (1) felony, unless their offense involved criminal homicide or the use of a gun or knife.39 In addition, Oregon has a process in which you can petition the court to restore your firearm rights.40 To be eligible, you:

  1. must currently reside in Oregon,
  2. not be a threat to the safety of the public or yourself, and
  3. not have served any sentence in the past year.

Please note, a court may not grant relief under this section to a person convicted of a person felony involving the use of a firearm or a deadly weapon, or a person convicted of certain other violent offenses.41

An Oregon state firearm rights restoration cannot restore federal firearm rights unless all civil rights have been restored, including jury rights, public office rights, and voting rights.42 Unfortunately, you must wait to apply for firearm rights restoration until 15 years have passed because any felony conviction prohibits a person’s jury rights for 15 years. Since Oregon does not restrict jury rights for misdemeanants, this 15 year requirement only applies to felony convictions.

We offer an Oregon Firearm Rights Restoration service and will conduct research, file motions, respond to prosecutor opposition and send one of our experienced licensed attorneys to fight for your rights.


Pennsylvania Firearm Rights Restoration

In Pennsylvania, a person will lose their firearm rights if they have a conviction for any of the following:

  1. enumerated felony offenses in Section 6105(b),
  2. drug crimes that are punishable by imprisonment exceeding two years,
  3. three or more DUI offenses within five years,
  4. domestic violence offenses, or
  5. anyone who is a fugitive from justice.43

A person may restore their firearm rights through a Pardon, Expungement, and/or a Firearm Restoration through the court when ten years have passed since completion of their sentence. Firearm restoration involves an application made in the court of common pleas of the county of principal residence of the applicant. However, because the Pennsylvania court firearm rights restoration process does not lift the accompanying federal ban,44 restoration must also always involve a pardon or expungement in cases where the federal ban applies. Additionally, pardons must be accompanied by an application for firearm rights restoration to the court or else the ban is not fully removed.

Note, Misdemeanor 1 crimes (which can carry a prison sentence of over one year) will also trigger the federal firearm ban because these offenses carry a sentence of up to 5 years in prison.45 As a result, any person convicted of a Misdemeanor 1 crime will be subject to the federal firearms ban, regardless of what sentence the person actually received (even if they only were sentenced to probation). We offer a Pennsylvania Firearm Rights Restoration service, pardon service and an expungement service to help you remove firearms disabilities.


Texas Firearm Rights Restoration

In Texas, a person who is convicted of a felony is prohibited from possessing any firearm for five years after the date of the person’s release from confinement, or release from community supervision, parole, or mandatory supervision, whichever is later.46 After that period of five years has lapsed, the person may only possess a firearm within the premises at which he or she lives. In addition, a person convicted of a Class A misdemeanor offense involving a member of the person’s family or household is prohibited from firearm possession until five years after the their release from confinement or probation.47 Note, federal firearm disabilities may still apply, even after this time period has lapsed. Fortunately, the Texas firearm ban does not apply where a person’s conviction has been set aside.

We offer a Texas set aside service and will conduct the research, file the necessary motions, respond to written or oral opposition from the District Attorney and send one of our attorneys to court to argue the case in front of the judge. Note, set asides are only available for 30 days from the date of termination of probation.


Utah Firearm Rights Restoration

Recently, Utah tightened its restrictions on firearms. Currently, there is a firearm ban on anyone convicted of a felony.48 This ban also prohibits felons from possessing any other “dangerous weapon” other than a firearm. Persons convicted of violent crimes or who are on probation or parole are also subject to penalties. To remove a firearm restriction in Utah, there are two options:

  1. seek an expungement, if eligible, or
  2. apply for a pardon

To obtain an expungement, a person is eligible if they are convicted of one felony, or up to two Class A misdemeanors (in separate criminal acts), or up to three class B misdemeanors (also in separate criminal acts), or up to four convictions of any degree, excluding infractions and any traffic offenses. After a waiting period, each limit is increased by 1. Additionally, reducing offenses can make a person eligible for expungement who would not otherwise be eligible. 1-step reductions reduce a person’s offense by one degree and are fairly simple to apply for. In Utah, 2-step reductions are possible with the consent of the prosecutor. The following time periods apply for eligibility: seven years in the case of a felony, ten years in the case of a misdemeanor DUI offense of felony drug trafficking offense, five years in the case of a class A misdemeanor or felony drug possession offense, four years in the case of a class B misdemeanor, or three years in the case of any other misdemeanor or infraction.49

Depending on the facts of your case, our firm offers an Expungement service and Conviction Reduction service to help you restore your firearm rights. To apply for a pardon, a person must apply to the Board of Pardons and Paroles. Note, the Board will only consider applications for those whose sentences have been expired for five years. However, the Board may choose to dispense this requirement if good cause exists.50


Washington Firearm Rights Restoration

Anyone who has ever been convicted of a felony or of any offense in another state which could be considered a felony had it occurred in Washington is restricted under Washington’s felony firearm ban.51 In other words, Washington will regrade certain convictions from other states and then apply the felony gun ban in Washington. In addition, anyone convicted of Fourth Degree Assault against a member of his or her household, or anyone convicted of violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence is prohibited from possessing a firearm.52 Fortunately, Washington has a firearm restoration procedure for anyone under a firearm ban, provided certain requirements are satisfied. To be eligible, you must have lived in the community for at least 5 crime-free years since your last conviction. Additionally, you cannot have ever been convicted of a class A felony, a felony punishable by 20 years or more, or certain sex offenses. You also cannot have an offender score.

Note, to regain your federal right to firearm ownership, you also have to possess a Certificate of Discharge for your Washington felony. This Certificate of Discharge requirement does not apply to Misdemeanor Crimes of Domestic Violence cases. Our firm offers both a Firearm Rights Restoration service and a Certificate of Discharge service.


Explanation of Firearm Prohibitions

There are two types of firearm bans: federal bans and state bans. Federal firearm bans are rules that will apply to you in every state or United States territory in which you are present. Even if you move to a different state or territory, these laws will follow you and still apply. You cannot move to another part of the United States to avoid a federal ban.

Additionally, almost all 50 states and territories have their own laws and rules about who may or may not possess a firearm in addition to the federal law. Sometimes state laws are consistent with federal gun laws, other times they are different. Analyzing why a person may have had their firearm rights denied can be complicated, especially if the person has lived in multiple states or has offenses in different states. This is why we offer our firearm rights analysis service to show you what your legal options are.

There are various reasons why a person would receive a federal firearm ban. A federal firearm ban would exist for any person who:

Again, this is only a list of federal firearm bans. In addition to this list, any state in which you are present can ban you from possessing or purchasing a firearm under their own laws. The two most common federal gun bans occur when someone is convicted of a felony or convicted of a misdemeanor crime of domestic violence.

The Federal Felony Gun Ban

The most common reason for denial of a gun purchase or prohibition from possession occurs when the individual has been convicted in any court (state, federal, tribal, county, or city) of a crime punishable by imprisonment for a term exceeding one year. This is traditionally referred to as a felony.

Included in this ban are offenses that are called misdemeanors, but are punishable by more than two years imprisonment. In most states, misdemeanors are only punishable up to a year. However, there are states that allow misdemeanors to have much longer possible sentences, causing the federal law to consider them felonies for firearm purposes.

The term “punishable” in both instances doesn’t mean the actual punishment you received or served. It just means that the state or federal law that you were convicted of allows for a punishment over a year or more than two years at the time you committed the crime. If you are unsure if your conviction fits this description, we recommend you sign up for our firearm rights analysis service.

Misdemeanor Crimes of Domestic Violence Gun Ban

The next most common federal firearm prohibition is on those convicted of misdemeanor crimes of domestic violence, regularly called the Lautenberg ban. Many people subject to this ban don’t realize that this prohibition even applies to them until they are denied a firearm purchase. This prohibition applies even if the offense isn’t called “domestic violence.” In fact, the name of the offense doesn’t matter at all. Regardless of what the offense is called, the federal ban is applied if the elements of the offense meet the federal definition of domestic violence.

For an offense to be counted as a misdemeanor crime of domestic violence it must:

State offenses like assault or battery, or any other offense that involves any physical force or threatened use of a weapon, can fall under this ban if committed against a family member.

The felony ban and the misdemeanor crime of domestic violence ban are the most common firearm bans. If you aren’t sure whether these bans or any others apply to you, we would encourage you to contact our office or sign up for a firearm rights analysis to have your record researched.

Unsure If You Are Subject to a Gun Ban?

IF THERE IS A POSSIBILITY THAT YOU MAY CURRENTLY BE BANNED, DO NOT TRY TO BUY A FIREARM! Denied purchases are flagged by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). The notice of the denied transaction is regularly referred to federal or local state law enforcement. Sometimes an ATF special agent or local law enforcement officer will contact and investigate those individuals denied firearm transactions. This can result in confiscation of guns which are sold by mistake. Even worse it could result in a house call to the person who attempts a denied purchase in order to investigate whether there are other weapons to confiscate. Depending on the circumstances, those who attempt a denied purchase can also be charged under federal or state law for “attempted” illegal possession of a weapon, which can be very serious, send you to jail or prison, and be very expensive.

Wrongful Denial of Gun Purchases

Reasons for Wrongful Denials

If you don’t believe any federal or state firearm prohibition applies to you, it is possible that you were wrongfully denied a firearm purchase.

Most wrongful denials we see are caused by incomplete or outdated information maintained by the databases used to approve or deny firearm transactions. Law enforcement agencies and courts are typically overburdened, and maintaining or sending accurate information to state criminal history databases or the FBI database isn’t always the priority it should be. Records are simply lost, incorrect, not updated properly, or incomplete. All of these can cause a wrongful firearm denial.

Thousands more are wrongly denied every year because they have been misidentified and incorrectly had a prohibitive record incorrectly attributed to them.

Other reasons for a wrongful denial include inaccurate legal interpretation by the agency administering the firearm background check. There are a lot of firearm laws. When federal laws plus 50 individual state laws intersect and overlap, it is easy for the law to be interpreted incorrectly, especially if you have a very old or complicated background. In our experience, if there is anything potentially prohibitive on your background, firearm authorities will simply reject your transaction and let you deal with the consequences.

Remedying Wrongful Denials

If you are denied a firearm purchase you should first verify that you are not prohibited from possessing a firearm. Many people think that they are not under a firearm ban when in fact they are. In that case, possessing a firearm is either a felony or a misdemeanor, and attempting to purchase a firearm can also be an offense. In order to determine if you are under a firearm ban, we can assist you by completing an analysis of your criminal history and of the denial itself.

Once we verify that you were wrongfully denied we can then take steps to remedy the denial. Each case is different, so we must complete an analysis of your case to determine what actions needs to be taken.

Some of the common tools we use to remedy a wrongful denial are:

We are very experienced in remedying gun purchase denials in the states in which we serve. We have used every tool available and we are not afraid to face the FBI and U.S. Attorney General in court. Every case is different and there is no one-size-fits-all approach to restoring your 2nd amendment rights. We strongly recommend you sign up for our Firearm Rights Analysis service to see what your options are.

Things You Might Not Know about Firearm Rights:

Taking the Next Step to Restore your Rights

We hope that this information is helpful to you. As you can see, evaluating a person’s firearm situation can be complex. If you have any questions about the status of your rights and/or what you need to do to restore them, we would be glad to help you do it. We offer a Firearm Rights Analysis Service that will provide you definite answers and, if possible, solutions to your firearm rights issues.


Legal Resources & Citations

1
See Arizona Revised Statutes § 13-904(A)(5)
§ 13-904(A)(5) Suspension of civil rights and occupational disabilities. A conviction for a felony suspends the following civil rights of the person sentenced: The right to possess a gun or firearm; See also Ariz. Rev. Stat. § 13-905(A)
Arizona Revised Statutes § 13-905(A) §13-905 Restoration of civil rights; persons completing probation. (A) A person who has been convicted of two or more felonies and whose period of probation has been completed may have any civil rights which were lost or suspended by the felony conviction restored by the judge who discharges him at the end of the term of probation.
2
See Arizona Revised Statutes § 13-907(A)
§ 13-907(A) Setting aside judgement of convicted person on discharge; application; release from disabilities; firearm possession; exceptions. A. Except as provided in subsection E of this section, every person convicted of a criminal offense, on fulfillment of the conditions of probation or sentence and discharge by the court, may apply to the judge, justice of the peace or magistrate who pronounced sentence or imposed probation or such judge, justice of the peace or magistrate's successor in office to have the judgment of guilt set aside. D. Notwithstanding section 13-905 or 13-906, if a judgment of guilt is set aside pursuant to this section, the person's right to possess a gun or firearm is restored. This subsection does not apply to a person who was convicted of a serious offense as defined in section 13-706.
3
See Arizona Administrative Code §5-4-101(6)
Pardon means an action by the governor that absolves an individual of the legal consequences of a crime for which the inidividual was convicted;
Arizona Constitution Article V, § 5
The governor shall have power to grant reprieves, commutation, and pardons, after convictions, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as may be provided by law.
4
See Arizona Revised Statutes § 13-906 (A)(B)(C)
§13-906 Applications by persons discharged from prison. A) On proper application, a person who has been convicted of two or more felonies and who has received an absolute discharge from imprisonment may have any civil rights which were lost or suspended by his conviction restored by the superior court judge by whom the person was sentenced or the judge's successors in office from the county in which the person was originally sentenced .
(B) A person who is subject to subsection A of this section may file, no sooner than two years from the date of his absolute discharge, an application for restoration of civil rights that shall be accompanied by a certificate of absolute discharge from the director of the state department of corrections.
(C) If the person was convicted of a dangerous offense under section 13-704, the person may not file for the restoration of the right to possess or carry a gun or firearm. If the person was convicted of a serious offense as defined in section 13-706, the person may not file for the restoration of the right to possess or carry a gun or firearm for ten years from the date of his absolute discharge from imprisonment. If the person was convicted of any other felony offense, the person may not file for the restoration of the right to possess or carry a gun or firearm for two years from the date of the person's absolute discharge from imprisonment.
5
See California Penal Code § 29800
§ 29800(a)(1) Any person who has been convicted of, or has an outstanding warrant for, a felony under the laws of the United States, the State of California, or any other state, government, or country, or of an offense enumerated in subdivision (a), (b), or (d) of Section 23515, or who is addicted to the use of any narcotic drug, and who owns, purchases, receives, or has in possession or under custody or control any firearm is guilty of a felony.
6
See California Penal Code § 29805
§ 29805(a) Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who has been convicted of, or has an outstanding warrant for, a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140, subdivision (d) of Section 148, subdivision (f) of Section 148.5, Section 171b, paragraph (1) of subdivision (a) of Section 171c, Section 171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6, 422, 422.6, 626.9, 646.9, 830.95, 17500, 17510, 25300, 25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 490.2 if the property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and who, within 10 years of the conviction, or if the individual has an outstanding warrant, owns, purchases, receives, or has in possession or under custody or control, any firearm is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year or in the state prison, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (b) The court, on forms prescribed by the Department of Justice, shall notify the department of persons subject to this section. However, the prohibition in this section may be reduced, eliminated, or conditioned as provided in Section 29855 or 29860.
7
See People v. Gilberth, 156 Cal. App. 4th. 53, 57 (2007)
"[O]nce a court has reduced a wobbler to a misdemeanor pursuant to ... section 17, the crime is thereafter regarded as a misdemeanor `for all purposes.' This unambiguous language means what it says, and unless the Legislature states otherwise, a person such as [defendant] stands convicted of a misdemeanor, not a felony, for all purposes upon the court so declaring." (Gebremicael v. California Com. on Teacher Credentialing (2004) 118 Cal.App.4th 1477, 1483, 13 Cal.Rptr.3d 777 (Gebremicael).)
8
See California Penal Code § 4852.17
Chapter 3.5 Procedure for Restoration of Rights and Application for Pardon § 4852.17 Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including, but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.
9
See Colorado Revised Statutes § 18-12-108(1),(2)
§ 18-12-108(1) Possession of weapons by previous offenders. A person commits the crime of possession of a weapon by a previous offender if the person knowingly possesses, uses, or carries upon his or her person a firearm as described in section 18-1-901 (3) (h) or any other weapon that is subject to the provisions of this article subsequent to the person's conviction for a felony, or subsequent to the person's conviction for attempt or conspiracy to commit a felony, under Colorado or any other state's law or under federal law. (2) (a) Except as otherwise provided by paragraphs (b) and (c) of this subsection (2), a person commits a class 6 felony if the person violates subsection (1) of this section.
10
See links to state website regarding Colorado pardons and the Executive Clemency Application addressing pardon requirements.
Colorado Pardons https://www.colorado.gov/pacific/cdoc/clemency-requests The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason, and except in the case of impeachment, subject to such regulations as may be prescribed by law relative to the manner of applying for pardons.
Clemency in Colorado has two types: commutation and pardon. A pardon may be granted after a conviction and is a public forgiveness for a crime after completion of a sentence.
Executive Clemency Application Requirements:
Felony: Seven years must have elapsed since completion of sentence.
Misdemeanor: Three years must have elapsed since completion of sentence.
11
See Colorado Revised Statutes § 16-17-102
§ 16-17-102 Application - character certificate. After a conviction, all applications for commutation of sentence or pardon for crimes committed shall be accompanied by a certificate of the respective superintendent of the correctional facility, showing the conduct of an applicant during his or her confinement in the correctional facility, together with such evidences of former good character as the applicant may be able to produce. Before the governor approves such application, it shall be first submitted to the present district attorney of the district in which the applicant was convicted and to the judge who sentenced and the attorney who prosecuted at the trial of the applicant, if available, for such comment as they may deem proper concerning the merits of the application, so as to provide the governor with information upon which to base his or her action. The governor shall make reasonable efforts to locate the judge who sentenced and the attorney who prosecuted at the trial of the applicant and shall afford them a reasonable time, not less than fourteen days, to comment on such applications. The requirements of this section shall be deemed to have been met if the persons to whom the application is submitted for comment do not comment within fourteen days after their receipt of the application or within such other reasonable time in excess of fourteen days as specified by the governor, or if the sentencing judge or prosecuting attorney cannot be located, are incapacitated, or are otherwise unavailable for comment despite the good-faith efforts of the governor to obtain their comments. Good character previous to conviction, good conduct during confinement in the correctional facility, the statements of the sentencing judge and the district attorneys, if any, and any other material concerning the merits of the application shall be given such weight as to the governor may seem just and proper, in view of the circumstances of each particular case, a due regard being had to the reformation of the accused. The governor shall have sole discretion in evaluating said comments and in soliciting other comments he or she deems appropriate.
12
See O.V. Hickenlooper Announces Clemency for Offenders Who Have Served Their Sentences, Official Site of Colorado Governor John Hickenlooper (March 29, 2018), https://www.colorado.gov/governor/news/ov-hickenlooper-announces-clemency-offenders-who-have-served-their-sentences To date, the governor [Hickenlooper] has pardoned 40 individuals out of 170 total applications reviewed by his Office.
13
See Florida Statutes § 790.23(1)
§ 790.23 Felons and delinquents;possession of firearms, ammunition, or electric devices unlawful. (1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any firearm, ammunition, or electric weapon or device, or to carry a concealed weapon, including a tear gas gun or chemical weapon or device, if that person has been: (a)Convicted of a felony in the courts of this state; (b)Found, in the courts of this state, to have committed a delinquent act that would be a felony if committed by an adult and such person is under 24 years of age; (c)Convicted of or found to have committed a crime against the United States which is designated as a felony; (d)Found to have committed a delinquent act in another state, territory, or country that would be a felony if committed by an adult and which was punishable by imprisonment for a term exceeding 1 year and such person is under 24 years of age; or (e)Found guilty of an offense that is a felony in another state, territory, or country and which was punishable by imprisonment for a term exceeding 1 year. (2)This section shall not apply to a person convicted of a felony whose civil rights and firearm authority have been restored. (3)Except as otherwise provided in subsection (4), any person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (4)Notwithstanding the provisions of s. 874.04, if the offense described in subsection (1) has been committed by a person who has previously qualified or currently qualifies for the penalty enhancements provided for in s. 874.04, the offense is a felony of the first degree, punishable by a term of years not exceeding life or as provided in s. 775.082, s. 775.083, or s. 775.084.
14
See Rule 5D of the Rules of Executive Clemency of Florida
Rule 5D. A person may not apply for the specific authority to own, possess, or use firearms unless he or she has completed all sentences imposed for the applicant’s most recent felony conviction and all conditions of supervision imposed for the applicant’s most recent felony conviction have expired or been completed, including but not limited to, parole, probation, community control, control release, and conditional release, for a period of no less than eight (8) years. The applicant may not have outstanding detainers, or any pecuniary penalties or liabilities which total more than $1,000 and result from any criminal conviction or traffic infraction. In addition, the applicant may not have any outstanding victim restitution, including, but not limited to, restitution pursuant to a court order or civil judgment, or obligations pursuant to Chapter 960, Florida Statutes. Persons convicted in a federal, military, or out-of state court are not eligible to apply.
15
See 720 Illinois Compiled Statutes Annotated 5/24-1.1(a)
5/24-1.1 Unlawful use or possession of weapons by felons or persons in the custody of the Department of Corrections facilities. (a) It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business any weapon prohibited under Section 24-1 of this Act or any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction. This Section shall not apply if the person has been granted relief by the Director of the Department of State Police under Section 10 of the Firearm Owners Identification Card Act.
16
See 430 Illinois Compiled Statutes Annotated 65/10(c)
Appeal to director; hearing; relief from firearm prohibitions. (c ) Any person prohibited from possessing a firearm under Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or acquiring a Firearm Owner's Identification Card under Section 8 of this Act may apply to the Director of State Police or petition the circuit court in the county where the petitioner resides, whichever is applicable in accordance with subsection (a) of this Section, requesting relief from such prohibition and the Director or court may grant such relief if it is established by the applicant to the court's or Director's satisfaction that: (0.05) when in the circuit court, the State’s Attorney has been served with a written copy of the petition at least 30 days before any such hearing in the circuit court and at the hearing the State’s Attorney was afforded an opportunity to present evidence and object to the petition; (1)The applicant has not been convicted of a forcible felony under the laws of this state or any other jurisdiction within 20 years of the applicant’s application for a Firearm Owner’s Identification Card, or at least 20 years have passed since the end of any period of imprisonment imposed in relation to that conviction; (2)The circumstances regarding a criminal conviction, where applicable the applicant’s criminal history and his preutation are such that the applicant will not be likely to act in a manner dangerous to public safety (3) Granting relief would not be contrary to the public interest; and (4) Granting relief would not be contrary to federal law.
17
See Indiana Code §§ 35-47-2-3(g)(1), 35-47-2-1(c), 35-47-4-7(a)
§ 35-47-2-3(g)(1) A license to carry a handgun shall not be issued to any person who: has been convicted of a felony.
§ 35-47-2-1(c)(c) Unless the person's right to possess a firearm has been restored under IC 35-47-4-7, a person who has been convicted of domestic battery under IC 35-42-2-1.3 may not possess or carry a handgun.
§ 35-47-4-7 Notwithstanding IC 35-47-2, IC 35-47-2.5, the restoration of the right to serve on a jury under IC 33-28-5-18, the restoration of the right to vote under IC 3-7-13-5, or the expungement of a crime of domestic violence under IC 35-38-9, and except as provided in subsections (b), (c), and (f), a person who has been convicted of a crime of domestic violence may not possess a firearm.
18
See Indiana Code § 35-38-9-10
§ 35-38-9-10 Sec. 10. (a) This section does not apply to a person to whom sealed records may be disclosed under section 6(a)(2) of this chapter.(b) It is unlawful discrimination for any person to: (1) suspend; (2) expel; (3) refuse to employ; (4) refuse to admit; (5) refuse to grant or renew a license, permit, or certificate necessary to engage in any activity, occupation, or profession; or (6) otherwise discriminate against; any person because of a conviction or arrest record expunged or sealed under this chapter. (c) The civil rights of a person whose conviction has been expunged shall be restored, including the right to vote, to hold public office, and to serve as a juror.
19
See Indiana Code § 35-47-4-7(b)
§ 35-47-4-7(b)(b) Not earlier than five (5) years after the date of conviction, a person who has been convicted of a crime of domestic violence may petition the court for restoration of the person's right to possess a firearm.
20
See Indiana Code § 35-47-2-20. § 35-47-2-20(a)
A full pardon from the governor of Indiana for: (1) a felony other than a felony that is included in IC 35-42; or (2) a violation of this chapter; removes any disability under this chapter imposed because of that offense, if fifteen (15) years have elapsed between the time of the offense and the application for a license under this chapter.(b) A conditional pardon described in IC 11-9-2-4 for:(1) a felony; or (2) a violation of this chapter; removes a disability under this chapter if the superintendent determines after an investigation that circumstances have changed since the pardoned conviction was entered to such an extent that the pardoned person is likely to handle handguns in compliance with the law.
21
See Michigan Compiled Laws § 750.224f(1)
Except as provided in subsection (2), a person convicted of a felony shall not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm in this state until the expiration of 3 years after all of the following circumstances exist: (a) The person has paid all fines imposed for the violation. (b) The person has served all terms of imprisonment imposed for the violation. (c) The person has successfully completed all conditions of probation or parole imposed for the violation.
22
See Michigan Compiled Laws § 750.224f(4)
A person convicted of a specified felony shall not possess, use, transport, sell, carry, ship, or distribute ammunition in this state until all of the following circumstances exist:
(a) The expiration of 5 years after all of the following circumstances exist: (i) The person has paid all fines imposed for the violation. (ii) The person has served all terms of imprisonment imposed for the violation. (iii) The person has successfully completed all conditions of probation or parole imposed for the violation.
(b) the person’s right to possess, use, transport, sell, purchase, carry, ship, receive, or distribute ammunition has been restored under section 4 of 1927 PA 372, MCL 28.424.
23
See Minnesota Statutes § 609.165(1)(a)
Restoration of Civil Rights; Possession of Firearms and Ammunition. Subdivision 1. Restoration. When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, with full right to vote and hold office, the same as if such conviction had not taken place, and the order of discharge shall so provide. Subd. 1a. Certain convicted felons ineligible to possess firearms or ammunition. When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, with full right to vote and hold office, the same as if such conviction had not taken place, and the order of discharge shall so provide.
24
See Minnesota Statutes. § 624.713
The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or gross misdemeanor violation of chapter 152, unless three years have elapsed since the date of conviction and, during that time, the person has not been convicted of any other such violation of chapter 152 or a similar law of another state.
25
See Minnesota Statutes § 624.712 and § 624.713.1
§ 624.712 "Crime of violence" means: felony convictions of the following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated robbery); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); 609.749 (stalking); 609.855, subdivision 5 (shooting at a public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an attempt to commit any of these offenses; See also Minn. Stat. § 609.165(1)(a)
§ 609.165(1)(a) the order of discharge must provide that a person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive a firearm or ammunition for the remainder of the person's lifetime; Minnesota Statutes § 624.713.1(2)
§ 624.713.1 The following persons shall not be entitled to possess ammunition or a pistol or semiautomatic military-style assault weapon or, except for clause (1), any other firearm:(2) except as otherwise provided in clause (9), a person who has been convicted of, or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing, in this state or elsewhere, a crime of violence;
See also State v. Foster, 630 N. W. 2d 1 Minn Ct. App. (2001)
“A person whose felony conviction becomes a misdemeanor pursuant to Minn. Stat. § 609.13, subd. 1(2) (2000), is subject to prosecution for the crime of felon in possession of a firearm, a violation of Minn. Stat. § 624.713, subd. 1(b), 2 (2000), if the prior felony conviction constitutes a “crime of violence” within the meaning of Minn. Stat. § 624.712, subd. 5 (2000).
26
See Minnesota Statutes § 609.165(1)(d).
A person prohibited by state law from shipping, transporting, possessing, or receiving a firearm or ammunition because of a conviction or a delinquency adjudication for committing a crime of violence may petition a court to restore the person's ability to possess, receive, ship, or transport firearms and otherwise deal with firearms and ammunition. The court may grant the relief sought if the person shows good cause to do so and the person has been released from physical confinement. If a petition is denied, the person may not file another petition until three years have elapsed without the permission of the court.
27
See Nevada Revised Statutes § 202.360(1)(a)
§ 202.360(1)(A) person shall not own or have in his or her possession or under his or her custody or control any firearm if the person:(a) Has been convicted in this State or any other state of a misdemeanor crime of domestic violence as defined in 18 U.S.C. § 921(a)(33)
28
See Nevada Revised Statutes § 213.090
§ 213.090(1)(A) person who is granted a full, unconditional pardon by the Board is restored to all civil rights, including, without limitation, the right to bear arms, and is relieved of all disabilities incurred upon conviction.
(2) A pardon granted by the Board shall be deemed to be a full, unconditional pardon unless the official document issued pursuant to subsection 3 explicitly limits the restoration of the civil rights of the person or does not relieve the person of all disabilities incurred upon conviction.
(3) Upon being granted a pardon by the Board, a person so pardoned must be given an official document which provides that the person has been granted a pardon. If the person is restored to the right to bear arms, the official document must explicitly state that the person is restored to the right to bear arms. If the person has not been granted a full, unconditional pardon, the official document must explicitly state all limitations on the restoration of the civil rights of the person and all disabilities incurred upon conviction from which the person is not relieved.
(4) A person who has been granted a pardon in this State or elsewhere and whose official documentation of his or her pardon is lost, damaged or destroyed may file a written request with a court of competent jurisdiction to restore his or her civil rights pursuant to this section. Upon verification that the person has been granted a pardon and is eligible to be restored to his or her civil rights, the court shall issue an order restoring the person to his or her civil rights. A person must not be required to pay a fee to receive such an order.
(5) A person who has been granted a pardon in this State or elsewhere may present: (a)Official documentation of his or her pardon; or (b) A court order restoring his or her civil rights, as proof that the person has been restored to his or her civil rights.
29
See New Jersey Statutes § 2C:39-7
§ 2C:39-7(6) Certain Persons Not to Have Weapons. a.Except as provided in subsection b. of this section, any person, having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1 or endangering the welfare of a child pursuant to N.J.S.2C:24-4, whether or not armed with or having in his possession any weapon enumerated in subsection r. of N.J.S.2C:39-1, or any person convicted of a crime pursuant to the provisions of N.J.S.2C:39-3, N.J.S.2C:39-4 or N.J.S.2C:39-9, or any person who has ever been committed for a mental disorder to any hospital, mental institution or sanitarium unless he possesses a certificate of a medical doctor or psychiatrist licensed to practice in New Jersey or other satisfactory proof that he is no longer suffering from a mental disorder which interferes with or handicaps him in the handling of a firearm, or any person who has been convicted of other than a disorderly persons or petty disorderly persons offense for the unlawful use, possession or sale of a controlled dangerous substance as defined in N.J.S.2C:35-2 who purchases, owns, possesses or controls any of the said weapons is guilty of a crime of the fourth degree.
b. (1) A person having been convicted in this State or elsewhere of the crime of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, aggravated sexual assault, sexual assault, bias intimidation in violation of N.J.S.2C:16-1, endangering the welfare of a child pursuant to N.J.S.2C:24-4, stalking pursuant to P.L.1992, c.209 (C.2C:12-10) or a crime involving domestic violence as defined in section 3 of P.L.1991, c.261 (C.2C:25-19), whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, or a person having been convicted of a crime pursuant to the provisions of N.J.S.2C:35-3 through N.J.S.2C:35-6, inclusive; section 1 of P.L.1987, c.101 (C.2C:35-7); N.J.S.2C:35-11; N.J.S.2C:39-3; N.J.S.2C:39-4; or N.J.S.2C:39-9 who purchases, owns, possesses or controls a firearm is guilty of a crime of the second degree… (2) A person having been convicted in this State or elsewhere of a disorderly persons offense involving domestic violence, whether or not armed with or having in his possession a weapon enumerated in subsection r. of N.J.S.2C:39-1, who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree.
(3)A person whose firearm is seized pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) and whose firearm has not been returned, or who is subject to a court order prohibiting the possession of firearms issued pursuant to the "Prevention of Domestic Violence Act of 1991," P.L.1991,c.261 (C.2C:25-17 et seq.) who purchases, owns, possesses or controls a firearm is guilty of a crime of the third degree, except that the provisions of this paragraph shall not apply to any law enforcement officer while actually on duty, or to any member of the Armed Forces of the United States or member of the National Guard while actually on duty or traveling to or from an authorized place of duty.
(4) A person who is subject to a court order prohbiting the custody, control, ownership, purchase, possession, or receipt of a firearm or ammunition issued pursuant to the “Extreme Risk Protective Order Act of 2018,” who purchases, acquires, owns, possesses, or controls a firearm or ammunition is guilty of a crime of the third degree.
C. Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section.
30
See New Jersey Constitution Article V, § 2, ¶ 1.
Article V, § 2, ¶ 1. The Governor may grant pardons and reprieves in all cases other than impeachment and treason, and may suspend and remit fines and forfeitures. A commission or other body may be established by law to aid and advise the Governor in the exercise of executive clemency.
31
See New Jersey Statutes §2C:52-27
§2C:52-27 “Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the [person] may answer any questions related to their occurrence accordingly . . .”New Jersey Statutes §2C:52-27 §2C:52-27 “Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the [person] may answer any questions related to their occurrence accordingly . . .”
32
See New York Penal Law § 400(1)(c)
§ 400(1)(c) who has not been convicted anywhere of a felony or a serious offense or who is not the subject of an outstanding warrant of arrest issued upon the alleged commission of a felony or serious offense.
33
See New York Penal Law § 265.01(4)
§ 265.01(4) Under ouw law, a person is guilty of Criminal Posssession of a Weapon in the Fourth Degree when that person knowingly possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense.
34
See New York Correction Law § 703A(2)
§ 703A(2) Notwithstanding any other provision of law, a conviction of a crime or of an offense specified in a certificate of good conduct shall not be deemed to be a conviction within the meaning of any provision of law that imposes, by reason of a conviction, a bar to any employment, a disability to exercise any right, or a disability to apply for or to receive any license, permit, or other authority or privilege covered by the certificate; and provided, however, that a conviction for a class A-I felony or a violent felony offense, as defined in subdivision one of section 70.02 of the penal law, shall impose a disability to apply for or receive a license or permit issued pursuant to section 400.00 of the penal law.
35
See New York Constitution Article 4 § 4
Article 4 § 4 The governor shall have the power to grant reprieves, commutations and pardons after conviction, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations, as he or she may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons.
36
See Ohio Revised Code § 2923.13(A)(2)-(3)
§ 2923.13(A) Unless relieved from disability under operation of law or legal process, no person shall knowingly acquire, have, carry, or use any firearm or dangerous ordnance, if any of the following apply: (1) The person is a fugitive from justice. (2) The person is under indictment for or has been convicted of any felony offense of violence or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense of violence.(3) The person is under indictment for or has been convicted of any felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse or has been adjudicated a delinquent child for the commission of an offense that, if committed by an adult, would have been a felony offense involving the illegal possession, use, sale, administration, distribution, or trafficking in any drug of abuse.
37
See Ohio Revised Code § 2923.14.
§2923.14(A)(1) Except as otherwise provided in division (A)(2) of this section, any person who is prohibited from acquiring, having, carrying, or using firearms may apply to the court of common pleas in the county in which the person resides for relief from such prohibition. (2) Division (A)(1) of this section does not apply to a person who has been convicted of or pleaded guilty to a violation of section 2923.132 of the Revised Code or to a person who, two or more times, has been convicted of or pleaded guilty to a felony and a specification of the type described in section 2941.141, 2941.144, 2941.145,2941.146, 2941.1412, or 2941.1424 of the Revised Code.
(B) The application shall recite the following: (1) All indictments, convictions, or adjudications upon which the applicant's disability is based, the sentence imposed and served, and any release granted under a community control sanction, post-release control sanction, or parole, any partial or conditional pardon granted, or other disposition of each case, or, if the disability is based upon a factor other than an indictment, a conviction, or an adjudication, the factor upon which the disability is based and all details related to that factor; (2) Facts showing the applicant to be a fit subject for relief under this section.
(C) A copy of the application shall be served on the county prosecutor. The county prosecutor shall cause the matter to be investigated and shall raise before the court any objections to granting relief that the investigation reveals.
(D) Upon hearing, the court may grant the applicant relief pursuant to this section, if all of the following apply: (1) One of the following applies: (a) If the disability is based upon an indictment, a conviction, or an adjudication, the applicant has been fully discharged from imprisonment, community control, post-release control, and parole, or, if the applicant is under indictment, has been released on bail or recognizance. (b) If the disability is based upon a factor other than an indictment, a conviction, or an adjudication, that factor no longer is applicable to the applicant. (2) The applicant has led a law-abiding life since discharge or release, and appears likely to continue to do so. (3) The applicant is not otherwise prohibited by law from acquiring, having, or using firearms.
(E) Costs of the proceeding shall be charged as in other civil cases, and taxed to the applicant.
(F) Relief from disability granted pursuant to this section restores the applicant to all civil firearm rights to the full extent enjoyed by any citizen, and is subject to the following conditions: (1) Applies only with respect to indictments, convictions, or adjudications, or to the other factor, recited in the application as the basis for the applicant's disability; (2) Applies only with respect to firearms lawfully acquired, possessed, carried, or used by the applicant; (3) May be revoked by the court at any time for good cause shown and upon notice to the applicant; (4) Is automatically void upon commission by the applicant of any offense set forth in division (A)(2) or (3) of section 2923.13 of the Revised Code, or upon the applicant's becoming one of the class of persons named in division (A)(1), (4), or (5) of that section.
(G) As used in this section: (1) "Community control sanction" has the same meaning as in section 2929.01 of the Revised Code. (2) "Post-release control" and "post-release control sanction" have the same meanings as in section 2967.01 of the Revised Code.
38
See Oregon Revised Statutes 166.270 and 166.255(1)(b). 166.270 (1) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any firearm commits the crime of felon in possession of a firearm.
(2) Any person who has been convicted of a felony under the law of this state or any other state, or who has been convicted of a felony under the laws of the Government of the United States, who owns or has in the person’s possession or under the person’s custody or control any instrument or weapon having a blade that projects or swings into a position by force of a spring or by centrifugal force or any blackjack, slungshot, sandclub, sandbag, sap glove, metal knuckles or an Electro-Muscular Disruption Technology device as defined in Or. Rev. Stat. 165.540 (Obtaining contents of communications), or who carries a dirk, dagger or stiletto, commits the crime of felon in possession of a restricted weapon.
(3) For the purposes of this action, a person “has been convicted of a felony” if, at the time of conviction for an offense, that offense was a felony under the law of the jurisdiction in which it was committed. Such conviction shall not be deemed a conviction of a felony if: (a) The court declared the conviction to be a misdemeanor at the time of judgment; or (b) The offense was possession of marijuana and the conviction was prior to January 1, 1972.
(4) Subsection (1) of this section does not apply to any person who has been: (a) convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in Or. Rev. Stat. 163.005 (Criminal homicide), or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section; or (b) Granted relief from the disability under 18 U.S.C. 925(c) or O.R.S. 166.274 (Relief from prohibition against possession or receiving firearm) or has had the person’s record expunged under the laws of this state or equivalent laws of another jurisdiction.
(5) Felon in possession of a firearm is a Class C felony. Felon in possession of a restricted weapon is a Class A misdemeanor. 166.255(1) It is unlawful for a person to knowingly possess a firearm or ammunition if: (a) The person is the subject of a court order that: (A) Was issued or continued after a hearing for which the person had actual notice and during the course of which the person had an opportunity to be heard; (B) Restrains the person from stalking, intimidating, molesting or menacing an intimate partner, a child of an intimate partner or a child of the person; and (C) Includes a finding that the person represents a credible threat to the physical safety of an intimate partner, a child of an intimate partner or a child of the person; or (b) The person has been convicted of a qualifying misdemeanor and, at the time of the offense, the person was a family member of the victim of the offense.
39
See Oregon Revised Statutes § 166.270(4)(a)
§ 166.270(4) Subsection (1) of this section does not apply to any person who has been: (a) convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in Or. Rev. Stat. 163.005 (Criminal homicide), or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation of subsection (1) of this section;
40
See Oregon Revised Statutes § 166.274
166.274(1) Except as provided in subsection (11) of this section, a person barred from possessing or receiving a firearm may file a petition for relief from the bar in accordance with subsection (2) of this section if: (a) The person is barred from possessing a firearm under Or. Rev. Stat. 166.250 (Unlawful possession of firearms) (1)(c)(A), (C) or (H) or 166.270 (Possession of weapons by certain felons; or (b)The person is barred from receiving a firearm under Or. Rev. Stat. 166.470 (Limitations and conditions for sales of firearms) (1)(a) or (b) or, if the person has been convicted of a misdemeanor involving violence, Or. Rev. Stat. 166.470 (Limitations and conditions for sales of firearms) (1)(g). (2) A petition for relief described in this section must be filed in the circuit court in the petitioner’s county of residence. (3) A person may apply once per calendar year for relief under the provisions of this section. (4)(a) A person petitioning for relief under this section shall serve a copy of the petition on: (A) The city chief of police if the court in which the petition is filed is located in a city; or (B) The sheriff of the county in which the court is located. (b) The copy of the petition shall be served on the chief of police or sheriff at the same time the petition is filed at the court. (5)(a) When a petition is denied, the judge shall cause that information to be entered into the Department of State Police computerized criminal history files. (b) When a petition is granted, the judge shall cause that information and a fingerprint card of the petitioner to be entered into the Department of State Police computerized criminal history files. If, after a petition is granted, the petitioner is arrested and convicted of a crime that would disqualify the petitioner from purchasing or possessing a firearm, the Department of State Police shall notify the court that granted relief under this section. The court shall review the order granting relief and determine whether to rescind the order. The Department of State Police may charge a reasonable fee, under Or. Rev. Stat. 192.324 (Copies or inspection of public records), for the entry and maintenance of information under this section. (6) Notwithstanding the provisions of Or. Rev. Stat. 9.320 (Necessity for employment of attorney, a party that is not a natural person, the state or any city, county, district or other political subdivision or public corporation in this state, without appearance by attorney, may appear as a party to an action under this section. (7) If the petitioner seeks relief from the bar on possessing or purchasing a firearm, relief shall be granted when the petitioner demonstrates, by clear and convincing evidence, that the petitioner does not pose a threat to the safety of the public or the petitioner. (8) Petitions filed under this section shall be heard and disposed of within 15 judicial days of filing or as soon as is practicable thereafter, but not more than 30 days thereafter. The judge shall then make findings and conclusions and issue a judgment based on the findings and conclusions in accordance with the requirements of law. (9) A person filing a petition under this section must pay the filing fee established under Or. Rev. Stat. 21.135 (Standard filing fee). (10)(a) Initial appeals of petitions shall be heard denovo. (b) Any party to a judgment under this subsection may appeal to the Court of Appeals in the same manner as for any other civil action. (c) if the governmental entity files an appeal under this subsection and does not prevail, it shall be ordered to pay the attorney fees for the prevailing party. (11) The court may not grant relief under this section to a person who: (a) Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in Or. Rev. Stat. 161.015 (General definitions); (b) Has been convicted of an offense listed in Or. Rev. Stat. 137.700 (Offenses requiring imposition of mandatory minimum sentences) or the statutory counterpart to an offense listed in Or. Rev. Stat. 137.700 (Offenses requiring imposition of mandatory minimum sentences) in any other jurisdiction; or (c) Is currently serving a felony sentence as defined in Or. Rev. Stat. 10.030 (Eligibility for jury service) or has served a felony sentence in the one-year period preceding the filing of the petition.
41
See Oregon Revised Statutes §§ 166.274(11)(a), 166.274(11)(C), and 10.030(3)(b)(A)
§166.274(11)(a)(11)(a) Relief from prohibition against possessing or receiving firearm (11) The court may not grant relief under this section to a person who: (a) Has been convicted of a person felony, as that term is defined in the rules of the Oregon Criminal Justice Commission, or the statutory counterpart to a person felony in any other jurisdiction, if the offense involved the use of a firearm or a deadly weapon as defined in ORS 161.015 (General definitions); § 166.274(11)(C) The Court may not grant relief under this section to a person who: (C) is currently serving a felony sentence as defined in ORS 10.030 or has served a felony sentence in the one year period preceding the filing of the petition.
§ 10.030(3)(b)(A) As used in this subsection: (A) “Felony sentence” includes any incarceration, post-prison supervision, parole or probation imposed upon the conviction of a felony or served as a result of conviction of a felony.
42
See Oregon Revised Statutes 137.281(3) and Oregon Constitution Article 1, Section 45 Oregon Revised Statutes 137.281(3)
The rights and privileges of which a person may be deprived under this section are: (a) Holding a public office or an office of a political party or becoming or remaining a candidate for either office; (b) Holding a position of private trust; (c) Acting as a juror; or (d) Exercising the right to vote.
Oregon Constitution Article 1, Section 45
Person convicted of certain crimes not eligible to serve as juror on grand jury or trial jury in criminal case. (1) In all grand juries and in all prosecutions for crimes tried to a jury, the jury shall be composed of persons who have not been convicted: (a) Of a felony or served a felony sentence within the 15 years immediately preceding the date the persons are required to report for jury duty; or (b)Of a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the persons are required to report for jury duty. (2) This section applies to all criminal proceedings pending or commenced on or after the effective date of this section, except a criminal proceeding in which a jury has been impaneled and sworn on the effective date of this section. Nothing in this section reduces a criminal defendant’s rights under the Constitution of the United States. Except as otherwise specifically provided, this section supersedes any conflicting section of this Constitution. Nothing in this section is intended to create any cause of action for compensation or damages nor may this section be used to disqualify a jury, invalidate an accusatory instrument, ruling of a court, conviction or adjudication or otherwise suspend or terminate any criminal proceeding at any point after a jury is impaneled and sworn or on appeal.
43
See Pennsylvania Constable Statutes §§6105(a) through (c)
§6105(a)(1) A person who has been convicted of an offense enumerated in subsection (b), within or without this Commonwealth, regardless of the length of sentence or whose conduct meets the criteria in subsection (c) shall not possess, use, control, sell, transfer or manufacture or obtain a license to possess, use, control, sell, transfer or manufacture a firearm in this Commonwealth. (2) (i) A person who is prohibited from possessing, using, controlling, selling, transferring or manufacturing a firearm under paragraph (1) or subsection (b) or (c) shall have a reasonable period of time, not to exceed 60 days from the date of the imposition of the disability under this subsection, in which to sell or transfer that person's firearms to another eligible person who is not a member of the prohibited person's household. (ii) This paragraph shall not apply to any person whose disability is imposed pursuant to subsection (c)(6).
(a.1) (1) Except as provided under paragraph (1.1), a person convicted of a felony enumerated under subsection (b) or a felony under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, who violates subsection (a) commits a felony of the second degree. (1.1) The following shall apply: (i) A person convicted of a felony enumerated under subsection (b) or a felony under The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, who violates subsection (a) commits a felony of the first degree if:
(A) at the time of the commission of a violation of subsection (a), the person has previously been convicted of an offense under subsection (a); or
(B) at the time of the commission of a violation of subsection (a), the person was in physical possession or control of a firearm, whether visible, concealed about the person or within the person's reach. (ii) The Pennsylvania Commission on Sentencing, under 42 Pa.C.S. § 2154 (relating to adoption of guidelines for sentencing), shall provide for a sentencing enhancement for a sentence imposed pursuant to this paragraph.
(2) A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108 (relating to relief), which order provided for the relinquishment of firearms, other weapons or ammunition during the period of time the order is in effect, commits a misdemeanor of the first degree if he intentionally or knowingly fails to relinquish a firearm, other weapon or ammunition to the sheriff as required by the order unless, in lieu of relinquishment, he provides an affidavit which lists the firearms, other weapons or ammunition to the sheriff in accordance with either 23 Pa.C.S. § 6108(a)(7)(i)(B), 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 (relating to relinquishment to third party for safekeeping).
(3) (i) A person commits a misdemeanor of the third degree if he intentionally or knowingly accepts possession of a firearm, other weapon or ammunition from a person he knows is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of the firearm, other weapon or ammunition during the period of time the order is in effect. (ii) This paragraph shall not apply to: (A) a third party who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.3; or (B) a dealer licensed pursuant to section 6113 (relating to licensing of dealers) or subsequent purchaser from a dealer licensed pursuant to section 6113, who accepts possession of a firearm, other weapon or ammunition relinquished pursuant to 23 Pa.C.S. § 6108.2.
(4) It shall be an affirmative defense to any prosecution under paragraph (3) that the person accepting possession of a firearm, other weapon or ammunition in violation of paragraph (3): (i) notified the sheriff as soon as practicable that he has taken possession; and (ii) relinquished possession of any firearm, other weapon or ammunition possessed in violation of paragraph (3) as directed by the sheriff.
(5) A person who has accepted possession of a firearm, other weapon or ammunition pursuant to 23 Pa.C.S. § 6108.3 commits a misdemeanor of the first degree if he intentionally or knowingly returns a firearm, other weapon or ammunition to a defendant or intentionally or knowingly allows a defendant to have access to the firearm, other weapon or ammunition prior to either of the following: (i) The sheriff accepts return of the safekeeping permit issued to the party pursuant to 23 Pa.C.S. § 6108.3(d)(1)(i). (ii) The issuance of a court order pursuant to subsection (f)(2) or 23 Pa.C.S. § 6108.1(b) (relating to return of relinquished firearms, other weapons and ammunition and additional relief) which modifies a valid protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of the firearm, other weapon or ammunition by allowing the defendant to take possession of the firearm, other weapon or ammunition that had previously been ordered relinquished.
§ 6105(b) The following offenses shall apply to subsection (a): Section 908 (relating to prohibited offensive weapons). Section 911 (relating to corrupt organizations). Section 912 (relating to possession of weapon on school property). Section 2502 (relating to murder). Section 2503 (relating to voluntary manslaughter). Section 2504 (relating to involuntary manslaughter) if the offense is based on the reckless use of a firearm. Section 2702 (relating to aggravated assault). Section 2703 (relating to assault by prisoner). Section 2704 (relating to assault by life prisoner). Section 2709.1 (relating to stalking). Section 2716 (relating to weapons of mass destruction). Section 2901 (relating to kidnapping). Section 2902 (relating to unlawful restraint). Section 2910 (relating to luring a child into a motor vehicle or structure). Section 3121 (relating to rape). Section 3123 (relating to involuntary deviate sexual intercourse). Section 3125 (relating to aggravated indecent assault). Section 3301 (relating to arson and related offenses). Section 3302 (relating to causing or risking catastrophe). Section 3502 (relating to burglary). Section 3503 (relating to criminal trespass) if the offense is graded a felony of the second degree or higher. Section 3701 (relating to robbery). Section 3702 (relating to robbery of motor vehicle). Section 3921 (relating to theft by unlawful taking or disposition) upon conviction of the second felony offense. Section 3923 (relating to theft by extortion) when the offense is accompanied by threats of violence. Section 3925 (relating to receiving stolen property) upon conviction of the second felony offense. Section 4906 (relating to false reports to law enforcement authorities) if the fictitious report involved the theft of a firearm as provided in section 4906(c)(2). Section 4912 (relating to impersonating a public servant) if the person is impersonating a law enforcement officer. Section 4952 (relating to intimidation of witnesses or victims). Section 4953 (relating to retaliation against witness, victim or party). Section 5121 (relating to escape). Section 5122 (relating to weapons or implements for escape). Section 5501(3) (relating to riot). Section 5515 (relating to prohibiting of paramilitary training). Section 5516 (relating to facsimile weapons of mass destruction). Section 6110.1 (relating to possession of firearm by minor). Section 6301 (relating to corruption of minors). Section 6302 (relating to sale or lease of weapons and explosives). Any offense equivalent to any of the above-enumerated offenses under the prior laws of this Commonwealth or any offense equivalent to any of the above-enumerated offenses under the statutes of any other state or of the United States.
(c) In addition to any person who has been convicted of any offense listed under subsection (b), the following persons shall be subject to the prohibition of subsection (a): (1) A person who is a fugitive from justice. This paragraph does not apply to an individual whose fugitive status is based upon a nonmoving or moving summary offense under Title 75 (relating to vehicles).
(2) A person who has been convicted of an offense under the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act, or any equivalent Federal statute or equivalent statute of any other state, that may be punishable by a term of imprisonment exceeding two years.
(3) A person who has been convicted of driving under the influence of alcohol or controlled substance as provided in 75 Pa.C.S. § 3802 (relating to driving under influence of alcohol or controlled substance) or the former 75 Pa.C.S. § 3731, on three or more separate occasions within a five-year period. For the purposes of this paragraph only, the prohibition of subsection (a) shall only apply to transfers or purchases of firearms after the third conviction.
(4) A person who has been adjudicated as an incompetent or who has been involuntarily committed to a mental institution for inpatient care and treatment under section 302, 303 or 304 of the provisions of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act. This paragraph shall not apply to any proceeding under section 302 of the Mental Health Procedures Act unless the examining physician has issued a certification that inpatient care was necessary or that the person was committable.
(5) A person who, being an alien, is illegally or unlawfully in the United States.
(6) A person who is the subject of an active protection from abuse order issued pursuant to 23 Pa.C.S. § 6108, which order provided for the relinquishment of firearms during the period of time the order is in effect. This prohibition shall terminate upon the expiration or vacation of an active protection from abuse order or portion thereof relating to the relinquishment of firearms.
(7) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 (relating to adjudication) or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense under sections 2502, 2503, 2702, 2703 (relating to assault by prisoner), 2704, 2901, 3121, 3123, 3301, 3502, 3701 and 3923.
(8) A person who was adjudicated delinquent by a court pursuant to 42 Pa.C.S. § 6341 or under any equivalent Federal statute or statute of any other state as a result of conduct which if committed by an adult would constitute an offense enumerated in subsection (b) with the exception of those crimes set forth in paragraph (7). This prohibition shall terminate 15 years after the last applicable delinquent adjudication or upon the person reaching the age of 30, whichever is earlier.
(9) A person who is prohibited from possessing or acquiring a firearm under 18 U.S.C. § 922(g)(9) (relating to unlawful acts). If the offense which resulted in the prohibition under 18 U.S.C. § 922(g)(9) was committed, as provided in 18 U.S.C. § 921(a)(33)(A)(ii) (relating to definitions), by a person in any of the following relationships: (i) the current or former spouse, parent or guardian of the victim; (ii) a person with whom the victim shares a child in common; (iii) a person who cohabits with or has cohabited with the victim as a spouse, parent or guardian; or (iv) a person similarly situated to a spouse, parent or guardian of the victim; then the relationship need not be an element of the offense to meet the requirements of this paragraph.
44
See Pennsylvania State Police v. Paulshock, 575 Pa. 378, 836 A.2d 110 (2003) Section 6105(d)(3)(1) merely allowed the common pleas courts to disregard, for purposes of granting relief from the state firearms disability, that the federal disability had not been relieved where it found that such was a result of the lack of federal funds available to adjudicate challenges to a federal disability.  
Section 6105(d)(3)(i) did not grant the common pleas court the power to relieve a federal firearms disability. Therefore, we find that the only relief that could be granted pursuant to Section 6105(d) is from the state firearms disability imposed under Section 6105(a), and that a common pleas court order could not effectuate removal of a firearms disability imposed pursuant to the Federal Act.
45
See 18 U.S.C. § 922(g) It shall be unlaw for any person— (1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year; (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)); (4) who has been adjudicated as a mental defective or who has been committed to a mental institution; (5) who, being an alien— (A) is illegally or unlawfully in the United States; or (B) except as provided in subsection (y)(2) has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26)of the Immigration and Nationality Act (8 U.S.C. 1101(a)(26))); (6) who has been discharged from the Armed Forces under dishonorable conditions; (7) who, having been a citizen of the United States has renounced his citizenship; (8) who is subject o a court order that— (A)was issued after a hearing of which such person received actual notice, and at which such person had an opportunity to participate; (B) restrains such person from harassing, stalking, or threatening an intimate partner of such person or child of such intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(i) includes a finding that such person represents a credible threat to the physical safety of such intimate partner or child; or (ii) by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against such intimate partner or child that would reasonably be expected to cause bodily injury; or (9) who has been convicted in any court of a misdemeanor crime of domestic violence, to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
46
See Texas Penal Code § 46.04(a)
A person who has been convicted of a felony commits an offense if he possesses a firearm: (1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of hte felony or the person’s release from supervision under community supervison, parole, or mandatory supervision, whichever date is later; or (2) after the period described by Subdivision (1), at any locaiton other than the premises at which the person lives.
47
See Texas Penal Code § 46.04(b)
A person who has been convicted of an offense under Section 22.01, punishable as a Class A misdemeanor and involving a member of the person’s family or household commits an aoffense if the person possesses a firearm before the fifth anniversary of the later of: (1) the date of the person’s release from confinement follwoing conviction of the misdemanor; or (2) the date of the person’s release from community supervision following conviciton fo the misdemeanor.
48
See Utah Code Annotated §§76-10-503(1), (2), (3) and (4). §76-10-503(1) For purposes of this section:
(a) A Category I restricted person is a person who: (i) has been convicted of a violent felony as defined in Section 76-3-203.5; (ii) is on probation or parole for any felony; (iii) is on parole from a secure facility as defined in Section 62A-7-101; (iv) within the last 10 years has been adjudicated delinquent for an offense which if committed by an adult would have been a violent felony as defined in Section 76-3-203.5; (v) is an alien who is illegally or unlawfully in the United States; or (vi) is on probation for a conviction of possessing: (A) a substance classified in Section 58-37-4 as a Schedule I or II controlled substance; (B) a controlled substance analog; or (c) a substance listed in Section 58-37-4.2.
(b) A category II restricted person is a person who: (i) has been convicted of any felony; (ii) within the last seven years has been adjudicated delinquent for an offense which if committed by an adult would have been a felony; (iii) is an unlawful user of a controlled substance as defined in Section 58-37-2; (iv) is in possession of a dangerous weapon and is knowingly and intentionally in unlawful possession of a Schedule I or II controlled substance as defined in Section 58-37-2; (v) has been found not guilty by reason of insanity for a felony offense; (vi) has been found mentally incompetent to stand trial for a felony offense; (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Protection Act, Pub. L. No. 103-159, 107 Stat. 1536 (1993), or has been committed to a mental institution; (viii) has been dishonorably discharged from the armed forces; (ix) has renounced the individual’s citizenship after having been a citizen of the United States; (x) is a respondent or defendant subject to a protective order or child protective order that is issued after a hearing for which the respondent or defendant received actual notice and at which the respondent or defendant has an opportunity to participate, that restrains the respondent or defendant from harassing, stalking, threatening, or engaging in other conduct that would place an intimate partner as defined in 18 U.S.C. Sec 921, or a child of teh intimate partner, in reasonable fear of bodily injury to the intimate partner or child fo the intimate partner, and that: (A) includes a finding that the respondent or defendant represents a credible threat to the physical safety of an individual who meets the definition of an intimate partner in 18 U.S.C. Sec. 921 or the child of the individual; or (B) explicitly prohibits the use, attempted use, or threatened use of physical force that would reasonably be expected to cause bodily harm against an intimate partner or the child of an intimate partner; or (xi)has been convicted of the commission or attempted commission of assault under Section 76-5-102 or aggravated assault under section 76-5-103 against a current or former spouse, parent, guardian, individual with whom the restricted person shares a child in common, individual who is cohabiting or has cohabitated with the restricted person as a spouse, parent, or guardian, or against an individual similarly situated to a spouse, parent, or guardian of the restricted person.
(c) As used in this section, a conviction of a felony or adjudication of delinquency for an offense which would be a felony if committed by an adult does not include: (i) a conviction or adjudication for an offense pertaining to antitrust violations, unfair trade practices, restraint of trade, or other similar offenses relating to the regulation of business practices not involving theft or fraud; or (ii) a conviction or adjudication of delinquency which, according to the laws of the jurisdiction in which it occurred, ahs been expunged, set aside, or reduced to a misdemeanor by court order, pardoned or regarding which the person’s civil rights have been restored unless the pardon, reduction, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.
(d) It is the burden of the defendant in a criminal case to provide evidence that a conviction or adjudication of delinquency is subject to an exception provided in Subsection (1)(c), after which it is the burden of the state to prove beyond a reasonable doubt that the conviction or adjudication of delinquency is not subject ot that exception.
(2) A Category I restricted person who intentionally or knowingly agrees, consents, offers, or arranges to purchase, transfer, possess, use, or have under the person’s custody or control, or who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s custody or control: (a) any firearm is guilty of a second degree felony; or (b)any dangerous weapon other than a firearm is guilty of a third degree felony.
(3) A Category II restricted person who intentionally or knowingly purchases, transfers, possesses, uses, or has under the person’s custody or control: (a) any firearm is guilty of a third degree felony; or (b) any dangerou weapon other than a firearm is guilty of a class A misdemeanor.
(4) A person may be subject to the restrictions of both categories at the same time.
49
See Utah Code Annotated § 77-40-105(3)(c)
§ 77-40-105(3) A petitioner seeking to obtain expungement for a record of conviciton is not eligible to receive a certificate of eligiblity from the bureau until all of the following have occurred: (a) all fines and interest ordered y teh court related to the conviction for which expungement is sought have been paid in full; (b) all restituion ordered by the court pursuan to Section 77-38a-302, or by the Board of Pardons and Parole pursuant ot Section 77-27-6, has been paid in full; and (c) the following time periods have elapesed from the date the petitioner was convicted or relased from incarceration, parole, or probation, whichever occurred last, for each conviciton the petitioner seeks to expunge: (i) 10 years in teh case of a msidemeanor conviction of Subseciton 41-6a-501(2) or a felony conviction of Subsection 58-37-8(2)(g); (ii) seven years in the case of a felony; (iii) five years in the case of any class A misdemeanor or a felony drug possesion offense; (iv) four years in the case of a class B misdemeanor; or (v) three years in the case of any other misdemeanor or infraction.
50
See Utah Code Annotated § 77-27-5(1)(a)
§ 77-27-5(1)(a) The Board of Pardons and Parole shall determine by majority decision when and under what conditions any convictions, except for treason or impeachment, may be pardoned or commuted, subject to this chapter and other laws of the state.
51
See Annotated Revised Code of Washington § 9.41.040
§ 9.41.040(1)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the first degree, if the person owns, has in his or her possession, or has in his or her control any firearm after having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any serious offense as defined in this chapter. (b) Unlawful possession of a firearm in the first degree is a class B felony punishable according to chapter 9A.20 RCW.
(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm: After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040); (ii) During any period of time that the person is subject to a court order issued under chapter 7.90, 7.92, 9A.46, 10.14, 10.99, 26.09, 26.10, 26.26, or 26.50 RCW that: (A) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate; (B) Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (C)(I) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; and (II) By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury; (iii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047; (iv) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or (v) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010. (b) (a)(ii) of this subsection does not apply to a sexual assault protection order under chapter 7.90 RCW if the order has been modified pursuant to RCW 7.90.170 to remove any restrictions on firearm purchase, transfer, or possession. (c) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter 9A.20 RCW.
(3) Notwithstanding RCW 9.41.047 or any other provisions of law, as used in this chapter, a person has been "convicted", whether in an adult court or adjudicated in a juvenile court, at such time as a plea of guilty has been accepted, or a verdict of guilty has been filed, notwithstanding the pendency of any future proceedings including but not limited to sentencing or disposition, post-trial or post-fact-finding motions, and appeals. Conviction includes a dismissal entered after a period of probation, suspension or deferral of sentence, and also includes equivalent dispositions by courts in jurisdictions other than Washington state. A person shall not be precluded from possession of a firearm if the conviction has been the subject of a pardon, annulment, certificate of rehabilitation, or other equivalent procedure based on a finding of the rehabilitation of the person convicted or the conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure based on a finding of innocence. Where no record of the court's disposition of the charges can be found, there shall be a rebuttable presumption that the person was not convicted of the charge.
(4)(a) Notwithstanding subsection (1) or (2) of this section, a person convicted or found not guilty by reason of insanity of an offense prohibiting the possession of a firearm under this section other than murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violations with respect to controlled substances under RCW 69.50.401 and 69.50.410, who received a probationary sentence under RCW 9.95.200, and who received a dismissal of the charge under RCW 9.95.240, shall not be precluded from possession of a firearm as a result of the conviction or finding of not guilty by reason of insanity. Notwithstanding any other provisions of this section, if a person is prohibited from possession of a firearm under subsection (1) or (2) of this section and has not previously been convicted or found not guilty by reason of insanity of a sex offense prohibiting firearm ownership under subsection (1) or (2) of this section and/or any felony defined under any law as a class A felony or with a maximum sentence of at least twenty years, or both, the individual may petition a court of record to have his or her right to possess a firearm restored: (i) Under RCW 9.41.047; and/or (ii)(A) If the conviction or finding of not guilty by reason of insanity was for a felony offense, after five or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525; or (B) If the conviction or finding of not guilty by reason of insanity was for a nonfelony offense, after three or more consecutive years in the community without being convicted or found not guilty by reason of insanity or currently charged with any felony, gross misdemeanor, or misdemeanor crimes, if the individual has no prior felony convictions that prohibit the possession of a firearm counted as part of the offender score under RCW 9.94A.525 and the individual has completed all conditions of the sentence. (b) An individual may petition a court of record to have his or her right to possess a firearm restored under (a) of this subsection (4) only at: (i) The court of record that ordered the petitioner's prohibition on possession of a firearm; or (ii) The superior court in the county in which the petitioner resides.
(5) In addition to any other penalty provided for by law, if a person under the age of eighteen years is found by a court to have possessed a firearm in a vehicle in violation of subsection (1) or (2) of this section or to have committed an offense while armed with a firearm during which offense a motor vehicle served an integral function, the court shall notify the department of licensing within twenty-four hours and the person's privilege to drive shall be revoked under RCW 46.20.265, unless the offense is the juvenile's first offense in violation of this section and has not committed an offense while armed with a firearm, an unlawful possession of a firearm offense, or an offense in violation of chapter 66.44, 69.52, 69.41, or 69.50 RCW.
(6) Nothing in chapter 129, Laws of 1995 shall ever be construed or interpreted as preventing an offender from being charged and subsequently convicted for the separate felony crimes of theft of a firearm or possession of a stolen firearm, or both, in addition to being charged and subsequently convicted under this section for unlawful possession of a firearm in the first or second degree. Notwithstanding any other law, if the offender is convicted under this section for unlawful possession of a firearm in the first or second degree and for the felony crimes of theft of a firearm or possession of a stolen firearm, or both, then the offender shall serve consecutive sentences for each of the felony crimes of conviction listed in this subsection.
(7) Each firearm unlawfully possessed under this section shall be a separate offense.
(8) For purposes of this section, "intimate partner" includes: A spouse, a domestic partner, a former spouse, a former domestic partner, a person with whom the restrained person has a child in common, or a person with whom the restrained person has cohabitated or is cohabiting as part of a dating relationship.
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See Washington Revised Statutes, § 9.41.040(2)
§ 9.41.040(2)(a) A person, whether an adult or juvenile, is guilty of the crime of unlawful possession of a firearm in the second degree, if the person does not qualify under subsection (1) of this section for the crime of unlawful possession of a firearm in the first degree and the person owns, has in his or her possession, or has in his or her control any firearm: After having previously been convicted or found not guilty by reason of insanity in this state or elsewhere of any felony not specifically listed as prohibiting firearm possession under subsection (1) of this section, or any of the following crimes when committed by one family or household member against another, committed on or after July 1, 1993: Assault in the fourth degree, coercion, stalking, reckless endangerment, criminal trespass in the first degree, or violation of the provisions of a protection order or no-contact order restraining the person or excluding the person from a residence (RCW 26.50.060, 26.50.070, 26.50.130, or 10.99.040); (ii) During any period of time that the person is subject to a court order issued under chapter 7.90, 7.92, 9A.46, 10.14, 10.99, 26.09, 26.10, 26.26, or 26.50 RCW that:
(A) Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
(B) Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
(C)(I) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; and (II) By its terms, explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury; (iii) After having previously been involuntarily committed for mental health treatment under RCW 71.05.240, 71.05.320, 71.34.740, 71.34.750, chapter 10.77 RCW, or equivalent statutes of another jurisdiction, unless his or her right to possess a firearm has been restored as provided in RCW 9.41.047; (iv) If the person is under eighteen years of age, except as provided in RCW 9.41.042; and/or (v) If the person is free on bond or personal recognizance pending trial, appeal, or sentencing for a serious offense as defined in RCW 9.41.010. (b) (a)(ii) of this subsection does not apply to a sexual assault protection order under chapter 7.90 RCW if the order has been modified pursuant to RCW 7.90.170 to remove any restrictions on firearm purchase, transfer, or possession. (c) Unlawful possession of a firearm in the second degree is a class C felony punishable according to chapter 9A.20 RCW.

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