Expert: Dan Haynes - 7/24/2009

Question
QUESTION: i was convicted on two counts of d/v 13-1203-1 assault-knowingly causing. released from probation after 18 months of a 36 month sentence. i read case ( united statesv. indelicato,97f,3d 627 (1st cir. 1996) which says (?)the arms ban was automaticly lifted when i got released from probation. your response will be highly appreciated! i hope that this question is not out of line or is a legal question? if i knew the difference, i would probly be a lawyer1 lol  thx again r5 b

ANSWER: Robert,

I already answered this question.

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

QUESTION: i phrased my question wrong to you! Citing this case in United States v. Indelicato, 97 F.3d 627 (1st Cir. 1996), the Court held that in at least some instances if one group of felons may possess a firearm because their rights were automatically taken away and then restored then those who do not have their rights taken away may also possess a firearm. The Terrorism and Violent Crime Section can provide assistance in analyzing particular cases. does this mean i may possess a fire arm? the paper work from my case didnt say anything about losing or regaining my right to bear arms should i go see the judge who sentenced and released me from probation? would it be wise to be represented when i see the judge? thank you very much! this is a great site and i will be recomending it!  R5B

Answer
Robert,

Based on the nature of the case, I recommend 1. That you go see the judge that handled your sentence and ask him whether or not you get your firearm rights reinstated. 2. There should be no problem seeing the judge by your self unless you feel uncomfortable doing so.

If the above actions are outside of your comfort zone, then get an attorney to go with you.

Good luck,

Dan