Expert: Dan Haynes - 2/15/2008

Question
i live in alaska.in 1992 i was convicted of a 2 felonies. since then i have had no run ins with the law. i now work for the government, pay my taxes,have a family, and am basically a model citizen. i would like my second amendment rights restored so that i may legally purchase a gun. i have done some research on the web about it, and it seems while it is in my constitutional rights to have them restored, its impossible to do. is it possible? or did i get a life sentence?

Answer
Jeremy,

Thank you for contacting me concerning this matter.

In Alaska, you can apply to be relieved from further punishment and disabilities imposed, by reason of conviction of a criminal offense. It is an act of grace that represents forgiveness for the particular crime.

A pardon will restore rights to possess a concealed weapon.

You may submit a written request to the head of the agency responsible for maintaining past conviction or current offender information, asking the agency to seal your criminal record.

Federal Law

Federal law prohibits firearms possession following any state or federal  felony conviction even if the sentence was suspended.

f you have been convicted of a felony, under the federal law popularly known as the Brady Law, and the laws of many states, you are not allowed to knowingly possess a gun.  However, to be subject to federal law, the gun must have also been transported across state lines sometime before it came into your possession.

Possession means more than just physically having a gun on your person.  In addition to physical possession, the law prohibits felons from having constructive possession of guns.  Constructive possession means, for example, a felon cannot have a gun in his house or car, even if he is not present at either location.

The penalties for a felon being found in possession of a gun can be severe.  Oftentimes the crime itself is felony, and as with many other crimes, the more prior felony convictions a person has, the longer the prison sentence prosecutors will seek.

I hope that this information is helpful. If I can be of any further assistance please contact me again.