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You are here: Experts > Arts/Humanities > Political Science > 2nd Amendment and Right to Bear Arms > 5th degree assault - misdemeanor
Expert: Don Reed
Date: 5/2/2008
Subject: 5th degree assault - misdemeanor
Question
In October last year I was charged with 3 felony counts of Terroristic threats to my 17 1/2 year old son. I plea bargained to a 5th degree assault - not 5th degree domestic assault since I knew it would effect my gun rights. Now NICS is not allowing me the ability to hunt. Do I have any chance of getting my rights back? I am 44 years old and do not have any prior record and I am employed full time.
Answer
It may be two reasons why you are not allowed to pass a NICS check. Some States have restrictions against violent misdemeanors, and you may still be on probation, it has only been 1 year or less since you plead guilty. For this conviction you may have to get your rights restored even if Federal Laws say you did not lose your firearm rights because it was a misdemeaner. You still have to get pass your State laws as well. You may have to seek an Attorney for further information.
Good Luck...
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