Expert: n/a - 1/23/2009

Question
QUESTION: my brother was convicted of a felon in 1994,in 2005 he was caught dove hunting on his own property and charged. he is now paying a fine and on 2 yrs probation. he was not aware that he should have applied to get his rights to hunt back after 10 years, now what can he do to be able to hunt? does he have to wait another 10 years to be able to hunt again?

ANSWER: I beleive it's no secret that a convicted felon can't own a firearm.  Now he has to wait and get approved for restoration of full rights for 2 convictions.  He may never be able to own a firearm again because of the last conviction. I assume he was hunting with a firearm when he was caught.  It does not matter if he was on his property or not he can't own any weapons until he receives full restoration of rights.  If he went to purchase a handgun he would be denied by the NICS check because of the conviction.  Usually what happens when you apply for restoration of rights they will look at the crime and make a decision to give you a restriction on firearms.  One of the reasons are if you was caught carrying an illegal weapon.

Good Luck

---------- FOLLOW-UP ----------

QUESTION: where and how do you apply for restoration of full rights?

Answer
Every state has a different process, usually done through the court system, probation/ parole Dept.,a sepeate Executive Clemency Board or Board of Pardons.  You will have to find out how your state handles restoration of rights and follow their procedures.

Good Luck