2nd Amendment and Right to Bear Arms/right to bear arms

Advertisement

Expert: - 10/17/2010


Question
QUESTION: My husband and I were both convicted of a felony in 2004. We fulfilled the terms of our sentence and then we had our records expunged. What steps do we need to take to restore our right to bear arms? Someone told me that we needed to write to the Governor in our state someone else said no, which is right?

ANSWER: Tami,

Thanks for asking. Your records should be clear, so you should not have a problem. If your state requires a letter to the Governor even after your records were expunged it is news to me.

Best regards,

Dan


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

QUESTION: If this is correct, then the question I guess is why would the local gun shop not allow him to purchase a gun? They said that he was still considered a felon, so were unable to sell him one.

Answer
Tami,

Evidently his felony record still shows up on the background check. It may take a full pardon by your Governor in order to clear your records.

So go ahead an write your letter to the Governor explaining that your records were expunged and that you request a pardon.  

Best regards,

Dan

2nd Amendment and Right to Bear Arms

All Answers

Answers by Expert:

Ask Experts

Volunteer

Dan Haynes

Expertise

I will answer questions on the 2nd amendment from both historical and present day applications. I will answer questions on the right to keep and bear arms and the significance of this right. I will not answer questions that require legal interpretation or those that are outside of my areas of expertise.

Experience

I have studied the 2nd amendment from a historical view. I have certified as an NRA Range Safety Officer. I am a Federal Firearms License holder, and have a CCW permit. Since 2004, I operated my own gunsmithing shop and offer custom pistolsmithing services. I have served a 4 year term as an elected offical on the Montrose Colorado City Council, becoming Mayor in my 4th year. I am well versed on the US Constitution and firearm laws.

Organizations
NRA, NAHC, M1 Garand Collectors Association

Publications
Smith & Wesson Club 1852 fall 2007 issue.

Education/Credentials
NRA hunter safety course, NRA Range Safety Officer training, Colorado CCW permit holder, Federal Firearm Licensee, professional pistolsmith.

Past/Present Clients
Valhalla Shooting Club

©2012 About.com, a part of The New York Times Company. All rights reserved.