• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Firearms

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

X

X Felon

Guest
Question: Can a person have a felony expunged from his record and then legally own a firearm? (Utah)
Thanks
 


I AM ALWAYS LIABLE

Senior Member
My response:

Yeah, right! Like any of us are going to help an ex-felon to get a gun. What dreamworld are you living in?

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
C

chipper

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by X Felon:
Question: Can a person have a felony expunged from his record and then legally own a firearm? (Utah)
Thanks
<HR></BLOCKQUOTE>

 
C

chipper

Guest
I,m not to sure what expunged is..at all , but if you have a felony record and are a felon you have lost your rights to own , posses or use a fire arm...unless what you had was a non-violent crime, then maybe and if your conviction was an s.i.s ( suspended imposition of sentence) and it wasnt a violent crime I say yes , you may own a fire arm because your sentence was set aside <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by chipper:
<HR></BLOCKQUOTE>



------------------
 

I AM ALWAYS LIABLE

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by chipper:
I,m not to sure what expunged is..at all , but if you have a felony record and are a felon you have lost your rights to own , posses or use a fire arm...unless what you had was a non-violent crime, then maybe and if your conviction was an s.i.s ( suspended imposition of sentence) and it wasnt a violent crime I say yes , you may own a fire arm because your sentence was set aside

<HR></BLOCKQUOTE>

My response:

You are so wrong Chipper. And why would you even attempt to respond and assist a felon to obtain a gun? What is the matter with you?

IAAL



------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
W

whynot?

Guest
Why would you just "assume" that everyone convicted of a Felony charge was involved with violence and guns? Felony charges cover a broad area of offenses. Possesion, hot checks, dui's , unauthorized use of a vehicle, mail theft, and many other non violent crimes, often committed at a very young age.

Society needs to realize that not every one who is in prison or has been, is a rapist, murder, or child abuser. Not all are violent offenders. Quite the contrary, many are there for drug possesion and minor probation violations. Owning a firearm is a constitutional right and I don't think they specified.."non felons only".
 

I AM ALWAYS LIABLE

Senior Member
My response:

Then you better read the laws interpreting the Constitution. Sure, if you want to take the Constitution at it's face value, and throw away all of the U.S. Supreme Court cases that have interpreted those rights, then you'd be correct. But, you're not, and thank goodness for that.

It's not a matter of the type of crime, it's a matter of that such a person does not know the difference between right and wrong. Whether it's a violent crime, or a "victimless crime" - - it makes no difference. The fact remains that someone who can't be trusted should not have the same rights as non-felons.

IAAL

------------------
By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 
D

DrunkN_MastR

Guest
Amen to that... anyone convicted of any felon cannot legally possess a firearm and thank god, too many of em are f*ckin idiots - course that's just my opinion :D
 

Kandise182

Junior Member
Utah Fire Arm Rights

WHAT IS EXPUNGEMENT AND WHO NEEDS IT?

The word "expunge" means to erase or wipe clean. The process recognizes that people who have done something wrong and have been punished can change for the better. It validates the concept of repentance. Unfortunately there are some who think gun owners shouldn't be given the opportunity to learn from their mistakes. Sarah Brady, the infamous anti-gunner, recently cited a study showing that people who had been convicted of misdemeanors were more inclined to commit violent crimes than those who have a "squeaky clean" record. She reportedly stated that some misdemeanants or "perhaps even all" should be restricted from purchasing or possessing a handgun! Utah lawmakers have been encouraged to eliminate the process of cleansing one's criminal record or "expungement" as it is known in the Utah Code. This article discusses the process of expungement and who qualifies. Gun owners with criminal records should have their records expunged while this legal process is still available to them.

Expungement is described in detail in sections 77-18-10 through 17 of the Utah Code.

CRIMES THAT CANNOT BE EXPUNGED

The following crimes cannot be expunged:

1. Capital felonies,
2. First degree felonies,
3. Second degree forcible felonies,
4. Sexual acts against minors.

OTHER CONDITIONS THAT MAKE A PERSON INELIGIBLE FOR EXPUNGEMENT

1. Conviction of two or more felonies (that don't arise out of a single criminal episode).
2. A person who has already expunged a felony.
3. A person who has already expunged 2 or more misdemeanors unless they are class B or C misdemeanors and at least 15 years has lapsed since the convictions
4. A person convicted of three or more criminal offenses more serious than a class C misdemeanor (not arising out of a single criminal episode), including those previously expunged, regardless of where the expungement occurred.
5. A person with a criminal offense pending against him or her.



Basically as long as you don't fall into any of those catagories then the law reads:


750.224F POSSESSION OF A FIREARM BY PERSON CONVICTED OF A FELONY SHALL NOT POSSESS, USE, TRANSPROT, SELL, PURCHASE, CATTY, SHIP, RECIEVE, OR DISTRIBUTE A FIREARM IN THIS STATE UNTIL THE EXPIRATION OF 3 YEARS AFTER THE CIRCUMSTANCES EXIST.

(4)This section does not apply to a conviction that has been expunged or set aside, or for which the person has been pardoned, unless the expunction, order, or pardon expressly privides that the person shall not possess a firearm.

I learned this due to the fact that I made a mistake when I was 18 and was charged and convicted of a 2nd degree felony for possession of drugs. I am now about to graduate university as a criminal justice forensic scientist, a LEGAL gun owner, and go hunting every year. SOME OF US DO LEARN FROM OUR MISTAKES!!!!
 

TheGeekess

Keeper of the Kraken
I learned this due to the fact that I made a mistake when I was 18 and was charged and convicted of a 2nd degree felony for possession of drugs. I am now about to graduate university as a criminal justice forensic scientist, a LEGAL gun owner, and go hunting every year. SOME OF US DO LEARN FROM OUR MISTAKES!!!!
You've made another mistake. This post is originally from 2000. It's 12 years old. Do you really think the Original Poster is going to float back through 12 years later and see your post?

This forum frowns on necroposting. :cool:
 

You Are Guilty

Senior Member
By my unofficial tally, I do believe this is a new record. 12 years, 2 months and 26 days (excluding the end date).

Is there a prize?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top