Regaining all rights after serving time

[Nanook]

I have a hypothetical question for all of the legal professionals on the board. If a person is convicted of a felony, and serves his time and probation, he regains his right to vote. In this case a white-collar crime, not a violent or drug crime, after he regains the right to vote does he also regain the right to keep and bear arms?
I know it used to be so, and upon getting out of prison one could again own a weapon. I'm curious as to the story nowadays. although I probably already know the answer. (No way Jose)
Does anybody know for sure?

 

[ClonaKilty]

Funny, I just researched this. I can only answer for Florida in this case, but the answer is that RKBA is lost when you are convicted for a felony.

It CAN be regained though with the help of an attorney and likely lots of money. The name of the process to do so escapes me at the moment.

 

[Standing Wolf]

If a person is convicted of a felony, and serves his time and probation, he regains his right to vote.

I believe that varies a great deal from state to state.

 

[Preacherman]

This can be a big, fat, hairy trap...

One of the guys doing time (long!) in the prison where I work got caught here. He did time in Washington state, and was released, and after some time had his civil rights restored. At the time, in that state, this included the right to possess hunting firearms (rifle or shotgun). He duly purchased a rifle - and got nabbed on Federal firearms charges for being a felon in possession of a firearm. He's currently trying to appeal this through the Federal courts, as he's caught in a legal conundrum: what he did was legal under State law, but illegal under Federal law. Nasty situation.

So, your hypothetical felon would need to get his civil rights restored in both his State and under Federal law. Any law-savvy members out there know if there's a Federal process (outside of a Presidential pardon) to do this?

 

[Moparmike]

AFAIK, if you have your record expunged, then you can have all the rights given to the normal citizen given to you.


*'Given' used for protesting purposes, as we all know that rights are inherent, not given.

 

[El Tejon]

Tilecrawler here, reporting as summoned. You did put the Pentegram on the floor under your chair, right?

Preacher, ummm, what "nasty situation"? What he did was clearly a federal felony. According to the Constitution, federal law trumps state law. "He duly purchased"--don't you mean "he stupidly purchased" and faced mandatory executed on the USSG? Poor bugger, bought the jab and got whacked by the punch.

Voting: depends on state law. Some states do nothing, inmates may even vote while in prison. Some states prohibit convicted felons from voting ever again. Some states prohibit only those in DOC from voting. It just depends on state law.

Firearms: Federal law prohibits possession of firearms and ammunition of almost all felonies and certain misdemeanor convictions (note: state prohibitions may be much broader, e.g. California). This means forever until: 1. appellate court vacation of conviction or vacation by petition for post-conviction relief; 2. sentence modification; 3. pardon by Gov. or President, 4. civil rights restoration by the Department of Treasury. ATFE has been refusing to process claims under #4 for years now because of alleged "defunding" by Congress.

White-collar crime: depending on the white-collar crime (the SSA exempted certain felonies, e.g. [certain] anti-trust violations), one may not lose his right to own firearms under the SSA of '68 upon conviction, it depends (note the clever use of this highly legalistic term).

 

[Nanook]

Thanks for the replies, folks. I kind of figured it was at the very least hard to do. El Tejon nailed it, federal law trumps state law, I hadn't considered that. And with the gov in this state, you can rule a pardon out. Looks like he is to remain unarmed.
Thanks again, one and all.