Firearms restoration for a federal offender?

[raven2201]

I am a vermont resident who was convicted of "False statement to a federal firearms dealer". This was handled in federal court. It was because I was charged for purchasing a firearm for someone not legally able to. The person was 18 and you have to be 21 years old. It came about because the weapon was stolen and I immediately reported it to my local police, FBI and ATF. Nothing was done about the stolen firearm, instead I was charged with a federal offense. I ended up being sentenced to 6 months of probation and 6 months of house arrest. I have been off from probation for about 2 years now.

I was informed that congress will not fund the atf for granting pardons and was told my only option is a presidential pardon. I am wondering if there are any new laws or whatever that have been passed that may help me with getting back my rights to purchase/possess a firearm again. I personally think a presidential pardon is next to impossible to get. I know that any kind of state pardon wont affect my federal conviction and loss of firearms rights so im hoping someone here can give me some insight on what I can do. I am not a violent offender so there has to be something that could help me.

Any help will be greatly appreciated.

 

[JETX]

I was charged with a federal offense. I ended up being sentenced to 6 months of probation and 6 months of house arrest.

I am wondering if there are any new laws or whatever that have been passed that may help me with getting back my rights to purchase/possess a firearm again

Nope......
The fact that you were probated 6 months and 6 months house arrest would imply that you were convicted of a felony with more than 12 months sentence. If that is the case, you would fall under 18 USC 922(g):
(g) It shall be unlawful for any person—
(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));
(4) who has been adjudicated as a mental defective or who has been committed to a mental institution;
(5) who, being an alien—
(A) is illegally or unlawfully in the United States; or
(B) except as provided in subsection (2), has been admitted to the United States under a nonimmigrant visa (as that term is defined in section 101(a)(26) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(26)));
to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

 

[raven2201]

I am aware of that but I was curious if anything new had come along that may help me. There has to be something besides the presidential pardon that can help me here.

 

[JETX]

There has to be something besides the presidential pardon that can help me here.

Why?? What makes you think that you are so special that the government must have "something besides" a pardon to help YOU??
Simply, you did the crime.... and now have to accept the punishment. Whether you agree with it or not.

 

[raven2201]

Why?? What makes you think that you are so special that the government must have "something besides" a pardon to help YOU??
Simply, you did the crime.... and now have to accept the punishment. Whether you agree with it or not.

Is there a reason you feel the need to be an ass about it?. I made a mistake, I was unaware of certain parts of the law. Ignorance is no defense but not all of us can know about all laws. The reason I stated what I did is because I figured our "wonderful" government wouldn't be so damn worthless. That do the crime do the time mentality is bull**** in some cases. There need to be lesser punishments for cases that are not as severe.

 

[smutlydog]

Is there a reason you feel the need to be an ass about it?. I made a mistake, I was unaware of certain parts of the law. Ignorance is no defense but not all of us can know about all laws. The reason I stated what I did is because I figured our "wonderful" government wouldn't be so damn worthless. That do the crime do the time mentality is bull**** in some cases. There need to be lesser punishments for cases that are not as severe.

We can debate fairness all day long but what's the point? You have been convicted of a felony as I once was. We can point fingers and claim our felony isn't as bad as the next guys. " At least I am not a drug dealer or least I am not sex offender" The sex offenders will say " At least I am not a murder or a drug dealer". I could go on and on with this. As a social worker , I hear it all the time.

Nothing can change what has happened. Frustrating yourself with things that can be changed will only cause anxiety and depression. I know first hand that it hurts to be reduced to a second class citizen but happiness shouldn't depend on your right to own a gun.

 

[msiron]

Hello raven, though I feel your plight, and you likely should have restoration, the laws are very specific. JMO, it should be on a case by case basis but it's not, and I further think guns laws should be taken away from all states and be federal across the board but it's not going to happen.
--------------------------
You have not willfully violated the Gun Control Act (GCA) or its regulations <----- willfully is the interpreted word
--------------------------
What if I cannot qualify?
Under the provisions of the Gun Control Act of 1968 (GCA), convicted felons and certain other persons are prohibited from possessing or receiving firearms. The GCA provides the Attorney General with the authority to grant relief from this disability where the Attorney General determines that the person is not likely to act in a manner dangerous to the public safety and granting relief would not be contrary to the public interest. The Attorney General delegated this authority to ATF.

Since October 1992, however, ATF's annual appropriation has prohibited the expending of any funds to investigate or act upon applications for relief from Federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, the Bureau cannot act upon applications for relief from Federal firearms disabilities submitted by individuals. [18 U.S.C. 922(g), 922 and 925(c)]

Are there any alternatives for relief from firearms disabilities?
A person is not considered convicted for Gun Control Act purposes if he has been pardoned, had his civil rights restored, or the conviction was expunged or set aside, unless the pardon, expungement, or restoration expressly provides the person may not ship, transport, possess, or receive firearms.

Persons convicted of a Federal offense may apply for a Presidential pardon. 28 CFR 1.1-1.10 specify the rules governing petitions for obtaining Presidential pardons. You may contact the Pardon Attorney's Office at the U.S. Department of Justice, 500 First Street, N.W., Washington, DC 20530, to inquire about the procedures for obtaining a Presidential pardon.

Persons convicted of a State offense may contact the State Attorney General's Office within the State in which they reside and the State of their conviction for information concerning any alternatives that may be available, such as pardons and civil rights restoration. [18 U.S.C. 921(a)(20) and (a)(33)]

 

[JETX]

Is there a reason you feel the need to be an ass about it?

Awww.... poor little baby. Can't handle the truth, huh??

I made a mistake

Quit being a whiner. You did NOT make a mistake. You made a conscious decision to break the law.... and gambled you wouldn't get caught. You lost. Quit making excuses for your stupidity and accept the consequences of your own actions.

I was unaware of certain parts of the law. Ignorance is no defense but not all of us can know about all laws.

Gee.... you mean you really thought that "purchasing a firearm for someone not legally able to" was NOT illegal?? Either your lying to us and making excuses.... or incredibly stupid. Which??

The reason I stated what I did is because I figured our "wonderful" government wouldn't be so damn worthless.

See... more excuses. The 'government' is not responsible for your actions.

That do the crime do the time mentality is bull**** in some cases.

Give me an example.

There need to be lesser punishments for cases that are not as severe.

Who is to determine what is 'severe'?? You?? Of course, another example of your stupidity.

 

[raven2201]

Awww.... poor little baby. Can't handle the truth, huh??


Quit being a whiner. You did NOT make a mistake. You made a conscious decision to break the law.... and gambled you wouldn't get caught. You lost. Quit making excuses for your stupidity and accept the consequences of your own actions.


Gee.... you mean you really thought that "purchasing a firearm for someone not legally able to" was NOT illegal?? Either your lying to us and making excuses.... or incredibly stupid. Which??


See... more excuses. The 'government' is not responsible for your actions.


Give me an example.


Who is to determine what is 'severe'?? You?? Of course, another example of your stupidity.

Ok, I have no problems with others who have posted but you sir can go **** yourself. I am on here asking for advice not criticism from an *******. I dont know what the hell your problem is but your opinion is not wanted or needed. So next time you want to post and prove to people how much of a mental midget you are just stop and think that nobody gives a damn about your rude opinions.

 

[JETX]

nobody gives a damn about your rude opinions.

Obviously YOU do... or you wouldn't be such a piss-ant whine-baby about it.