Expert: n/a - 8/25/2007

Question
17 yrs ago i was arrested for a 4th degree felony, conspiracy to distribute in the state of NM. I plead guilty and received a deferred sentence of 18 months probation. 12 months later i received an early discharge from probation and had a motion to dismiss my case and withdraw my plea of guilty previously entered. I received a court order to be discharged from probation with allowance to withdraw my plea of guilty and case was dismissed. I have never been in any kind of trouble since. Ive been purchasing firearms for the last 17 yrs. 6 months ago i was denied a firearm purchase. I appealed it and NICS stated a dismissal order would not restore my firearms rights and i am federally prohibited from purchasing or possessing a firearm. NICS says I need a Full Pardon from the governor of New Mexico. However, the pardoning website clearly states the gov. will not consider a case where was a successful completion of a deferred sentence since a dismissal order under section 31-20-9, NMSA 1978 is intended to restore citizenship rights and the right to bear arms.  I cant get a straight answer from anyone without telling me to get a lawyer to research the same information I already know. State and Federal information seem to be highly contradictory. Any information that will help me restore my right to bear arms will be greatly appreciated.  I am at my wits end. Thanks!!!

Answer
Wow this is a tuff one.  As far as I thought if your conviction was turned around or pardoned you have your full rights restored.  I know of a case where the conviction remained and the person was given a Certificate of relief from disabilities and ATF gave back all rights to bear arms.  I can suggest you try getting a non resident CCW Permit from Florida or Virginia first and see what they say.  You may also try Maine and CT. as well.   I'm quite sure Florida and Virginia recognizes your pardon.  Arizona and PA. will not.  Also see if your State offers a Restoration of Rights Certificate this way your rights will be restored wether you have a pardon or not. You can download Florida and Virginia applications online and request fingerprint cards through the mail.  Virginia state Police and Florida dept. of Agriculture and consumer services.