Expert: n/a - 2/11/2008

Question
A man unfortunately plead guilty to this charge during a divorce.  The State Atty. Gen. was on a Witchunt in 2000 and his Ex-Wife quietly capitalized with sizable monetary gain as a result. Legal Counsel was confused over the misdemeanor charge and advised it would be a slap on the wrist.  He now realizes the bad advice and has persued PCR relief.  The PCR attorney claimed Ex-Post Facto argument and essentially let the prior attorney/friend off the hook on the ineffective assistance of counsel option.  Columbia SC, and Ex-Wife agrees that He should never have plead guilty.  As the Victim she is supportive and willing to be a good character witness.  He  is trying to determine his options now 8 years since charged, 5 years since pleading, 3 years since failed PCR effort, and all kind of newer legislation.  He has only recently found out that his Hunting rights are removed, His right to protect his family and property are removed.  It appears that even a Pardon may or may not help,  Possibly to the Supreme Court?  He needs an expert to help him.  This guy is true Red White and Blue college grad. and a family full of veterans.  Can he possibly get his rights restored?

Answer
If he has a pardon or gets one he must still apply for firearm restoration of rights in the State he lives or was convicted.   Some States include firearm restoration with your restoration of rights and some states have a separate application for firearm rights.  The Federal Government states that if you have your rights restored and it does not specify that you can't own, transport or use a firearm then you are cleared to carry. Even after all is done you will then have to secure a firearm permit or License to carry in order to pass the NICS check to purchase a firearm.  

Good Luck.