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2nd Amendment and Right to Bear Arms/Restoring firearm rights 21 years after Federal Drug Use Conviction

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Expert: - 4/3/2010


Question
In 1989 I was stationed overseas in the US Army, and was convicted of drug use and sentenced to 8 years on 30 August 1989.  I was incarcerated in the US Military prison system.  I had a pre-trial agreement for 30 months, and was released on 1st parole 7 January 1991, and released early from parole on Halloween 1991.

I recently had a civilian attorney attempt to start proceedings to determine the best course of action on how I can get my conviction addressed so that I may be allowed to bear arms after more than 21 years.

Do you know of a method or location I should check, forms to ask for, phrases to utilize, etc. in order to 'get the ball rolling'?

Any assistance in this matter would be greatly appreciated.

Answer
Scott,

Thanks for asking. Ask your attorney if it is possible to get a full pardon even though this occurred while in the US Military. Since it did happen while in the military, it may be difficult for a civilian attorney to get this cleared.

Best regards,

Dan

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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

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