Expert: n/a - 12/24/2007

Question
As you well know the ATF stopped processing applications for restoration of firearm rights for convicted federal felons in 1992 when Congress stopped the funding for the program.  A few courts granted rights back to felons deeming the inaction of the ATF as a denial of the application.  The Supremes have said no to that theory and courts have been reluctant to test that ruling with any other types of factual setting.

I am considering applying for restoration of my rights to the ATF and offering to pay for the cost of performing the background check, application process, etc.  My guess is that they will turn me down.  I am a white collar first, only and last time federal felon.  Do you think this approach gets me the ATF denial that is needed to meet the requirement that a court could grant my rights back?

I also would like to challenge based on a second amendment basis but think it wise to see what happens in the DC case.  The exception to the firearms provision, punishable by more than five years rule, is unfair trade practices, anti-trust, etc.  I could make a strong argument that my crime is very similar to those types of crimes and therefore justifies separate treatment as well.  What do you think?

Finally, I know a presidential pardon can restore my rights but I think that is a long shot at best.

Thanks,

Keith

Answer
Yes we all know about ATF and their lose of funding.  I was going to suggest a Presidential Pardon.  You did not say what State you are from but I think Virginia has a system that is allowed to restore the rights of those who have Federal Convictions.  I don't think it will restore Firearm Rights.  Try offering to pay for your application and see how it works, You may have to get a Lawyer.  Good Luck.