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Felon: restoration of rights, hunting, possessing specific weapons.

Caldwell, ID |

I live in Idaho. I have been convicted of three felonies during my history of drug use. I have been clean and without legal problems for four years. I am now wondering if there is any way for me to hunt ever again in this state or any other. I am curious about archery or blackpowder options. Can I even own a pellet gun? My specific felonies will not help the sitution being; Fraud, domestic battery, and felon in possession of a firearm. I have been told that I may archery hunt or maybe blackpowder, but not from reputable sources. Can rights be restored to me at all? I am now a full time college student that is on the deans list with honors and studying to be a substance abuse counselor. Can you please help me answer these questions, I don't have 500.00 to pay a lawyer to do so. Thanks.

Attorney Answers 2

Posted

With these felonies you will never have a right to own a gun. That's federal not state law. there's nothing you can do about it so I'd forget hunting and maybe take up bird watching or fishing.

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Posted

No, a convicted felon is not allowed to possess a gun.

While some states can restore a felon's gun ownership rights the ATF process is non-existent in my understanding. As a matter of federal preemption, the justice department has and likely will continue to argue that federal law overrides ANY and ALL state laws in this arena because the justice department says the feds occupy the entire field of felony gun rights.

And, do not try the second amendment argument either. The constitution does not override the government's legitimate interest in regulating gun possession of convicted felons. The argument has been made and lost a number of times.

Good luck to you.

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