• We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
  • The forum will be down for about an hour this weekend for maintenance. I apologize for the inconvenience.
  • If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
  • Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.

Legal question

julieae

New member
Joined
Jul 21, 2010
Messages
1
Location
Milwaukee Wisconsin
Not sure if anyone here can help me but I'm going to give it a shot....no pun intended.
I live in Wisconsin, have all of my life. Over 24 years ago, I got myself into trouble while driving a car with falsified plates on it and received a felony on my record for it.
I haven't been in any legal trouble since and would like to purchase a handgun for protection.
I tried to buy one at a local dealer, having forgotten all about this conviction, and received my record indicating this was on it.
Is there anything I can do to get this off of my record? Can I hire an attorney to fight this for me? Perhaps a pardon?
Any advise would be greatly appreciated.
Thanks!
 

muskyfever

New member
Joined
Nov 11, 2010
Messages
3
Location
Sharpsburg,Ky
Felony Record

As far as i know,That if you are convicted felon you are not to own or carry a firearm.I think it is a federal Law.:confused:
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Does federal law prohibit ownership and carry by felons? Or just the sale to felons?

I know the sale is illegal, but cannot find any reference to ownership and carry in federal law.

I know that many State laws prohibit ownership and carry. However, that varies from State to State.
 

Coded-Dude

Regular Member
Joined
Oct 18, 2010
Messages
317
Location
Roseville
Anyone who has been convicted of a felony is banned by federal law from ever possessing “any firearm or ammunition." Specifically a person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. 18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for felon gun possession is up to 10 years in prison.

Read more at Suite101: Gun Ownership by Convicted Felons: Exceptions to the Federal Prohibitions http://www.suite101.com/content/gun-ownership-by-convicted-felons-a71729#ixzz15084kBJJ

The rule prohibiting felon gun ownership has some exceptions. There is specific statutory language providing that the federal criminal firearms possession does not apply to individuals who have had their civil rights restored by the state in which they where convicted of the felony.

Talk to an attorney.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA

922(g) prohibits a felon from possessing a firearm "in or affecting commerce." Does this provision prohibit him from possessing a firearm at all? It doesn't seem to do so. I don't see how this would disable him from continuing to possess a firearm that he lawfully possessed prior to the felony conviction. It sure would stand in the way of him acquiring one.
 

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
922(g) prohibits a felon from possessing a firearm "in or affecting commerce." Does this provision prohibit him from possessing a firearm at all? It doesn't seem to do so. I don't see how this would disable him from continuing to possess a firearm that he lawfully possessed prior to the felony conviction. It sure would stand in the way of him acquiring one.

Don't jump on me because I know this isn't right, but given the arguments the government has used to argue commerce in the past, this one is a walk in the park.

It would be affecting commerce because the felon retaining possession would mean not selling it, which would affect commerce.

Stupid, I know.
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
Don't jump on me because I know this isn't right, but given the arguments the government has used to argue commerce in the past, this one is a walk in the park.

It would be affecting commerce because the felon retaining possession would mean not selling it, which would affect commerce.

Stupid, I know.

I understand the "interstate commerce" misuse. However, the use of the tense indicates the law is talking about a gun presently "in or affecting commerce." In other words, a gun he owned prior to his conviction would not currently be "in or affecting commerce," even though it may have been at one time. The law seems to prevent him from purchasing a gun, because it is currently in commerce--but then, so would the prohibition on selling felons guns.

So, is there a more clear federal prohibition against felons possessing guns, or do we have to ignore the interstate commerce clause and tense, to twist this law into such a prohibition.
 

sultan62

Regular Member
Joined
Jul 2, 2010
Messages
1,311
Location
Clayton, NC
I understand the "interstate commerce" misuse. However, the use of the tense indicates the law is talking about a gun presently "in or affecting commerce." In other words, a gun he owned prior to his conviction would not currently be "in or affecting commerce," even though it may have been at one time. The law seems to prevent him from purchasing a gun, because it is currently in commerce--but then, so would the prohibition on selling felons guns.

So, is there a more clear federal prohibition against felons possessing guns, or do we have to ignore the interstate commerce clause and tense, to twist this law into such a prohibition.

It would be 'affecting' commerce because if it were to be sold, it would increase commerce. Therefore, not to sell it effectively decreases commerce.
 

Coded-Dude

Regular Member
Joined
Oct 18, 2010
Messages
317
Location
Roseville
I thought the OP wanted to know if he could buy a gun, not legally carry one that he previously owned. did I mis-read something? Is one forced to turn over any firearms after a felony conviction?
 

eye95

Well-known member
Joined
Jan 6, 2010
Messages
13,524
Location
Fairborn, Ohio, USA
I thought the OP wanted to know if he could buy a gun, not legally carry one that he previously owned. did I mis-read something? Is one forced to turn over any firearms after a felony conviction?

Sellers are barred from selling him a firearm.

The first sentence in the quote in post #5 triggered a tangent discussion.
 

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
Sorry, I don't know how I missed the OP and thanks for stirring it back to the top of the 'pot.
The statutes are; Wisc. Stats. § 941.29 and 18 USC 925(c) and "18 USC app. 1203". Good luck.

(2) A person specified in sub. (1) is guilty of a Class G felony if he or she possesses a firearm under any of the following circumstances: [ ... ](a) The person possesses a firearm subsequent to the conviction for the felony or other crime, as specified in sub. (1) (a) or (b).


Not sure if anyone here can help me but I'm going to give it a shot....no pun intended.
I live in Wisconsin, have all of my life. Over 24 years ago, I got myself into trouble while driving a car with falsified plates on it and received a felony on my record for it.
I haven't been in any legal trouble since and would like to purchase a handgun for protection.
I tried to buy one at a local dealer, having forgotten all about this conviction, and received my record indicating this was on it.
Is there anything I can do to get this off of my record? Can I hire an attorney to fight this for me? Perhaps a pardon?
Any advise would be greatly appreciated.
Thanks!
 
Last edited:

OldCurlyWolf

Regular Member
Joined
Sep 8, 2010
Messages
907
Location
Oklahoma
Not sure if anyone here can help me but I'm going to give it a shot....no pun intended.
I live in Wisconsin, have all of my life. Over 24 years ago, I got myself into trouble while driving a car with falsified plates on it and received a felony on my record for it.
I haven't been in any legal trouble since and would like to purchase a handgun for protection.
I tried to buy one at a local dealer, having forgotten all about this conviction, and received my record indicating this was on it.
Is there anything I can do to get this off of my record? Can I hire an attorney to fight this for me? Perhaps a pardon?
Any advise would be greatly appreciated.
Thanks!

Since it was a non violent crime and it has been 24 years, assuming no misdemeanors worse that a traffic ticket, you should have a good shot at getting your rights restored with a proper petition to the courts. Find an attorney that has good experience in this discipline and talk to them. It will cost quite a bit.

:question:
 
Last edited:

Doug Huffman

Banned
Joined
Jun 9, 2006
Messages
9,180
Location
Washington Island, across Death's Door, Wisconsin,
Since it was a non violent crime and it has been 24 years, assuming no misdemeanors worse that a traffic ticket, you should have a good shot at getting your rights restored with a proper petition to the courts. Find an attorney that has good experience in this discipline and talk to them. It will cost quite a bit.
http://wilawlibrary.gov/topics/storage/clemencyinstructions.pdf
http://wilawlibrary.gov/topics/storage/clemencyfaq.pdf

The petition is not to the courts or even to the judiciary, but to the Chief Executive of the administrative branch of government. In Wisconsin, a "traffic ticket" is a civil infraction not even rising to the level of misdemeanor. Neither is "non violent crime" a consideration. There is no need for an attorney, the requirements, forms and applications are on-line (unlike the OP).
 
Last edited:
Top