Expert: Dean Speir - 11/23/2007

Question
I have a NYS Restoration of Rights Certificate for a 1991 drug conviction which I was not incarcerated nor did I serve any probation.  NYS and BATFE States that I have my rights to bear Arms restored as long as I get issued a firearm permit.  Virginia and Florida ackknowledged my Certificate but the Reciprical States won't allow me to carry such as North Carolina, Pa. and Arizona.  I have cleared Virginia NICS check several times when purchasing weapons.  Why are some States able to ignore the BATFE ruling that I'm cleared to carry a firearm?  I'm also proof that Restoration of Rights for convicted felons do work in some States and is recognized by BATFE as long as the State of conviction gave you the restoration.

Answer
Hello, Donnell;

Hope your Thanksgiving was as rewarding as mine.

This is not a Second Amendment matter, #1, and, #2, as I have repeatedly stated over the years, I am not only not an attorney, but I don't pretend I'm one on AllExperts.com.

I don't wish to appear rude, but I would ask people to stop asking me these questions! If it's important to you, spend the money and consult an attorney versed in this issue.

Meanwhile, everyone should take note that for the first time in almost 80 years, it was announced this week taht the Second Amendment is headed to the United States Supreme Court in the matter of District of Columbia v. Heller. The unfortunate part is that while the original case, Parker et al v. D.C., was a solid one and a lower court while concluding that the Second Amendment was an individual right in ruling "the correct way," what is actually going to be heard before the highest Court in the land, will be somewhat limited in scope.

Stay tuned.