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Non-violent felony, is there a constitutional challenge to this case to restore 2nd amendment rights?

Denver, CO |

I received three OWI's in the state of Michigan resulting in a felony conviction. I lost a majority of my civil rights but have managed to regain some of these such as the right to vote. However, it is my understanding that regardless of Michigan restoring my gun rights, Colorado will bar me from exercising this right. In addition, I believe I will be in violation of federal law also. I perceive this as a gross violation of liberty, furthermore an attack on my and every American's constitutional rights. Is there any sort of constitutional argument to be pursued, options, avenues? I willing to hire competent counsel.

Attorney Answers 4

Posted

You are correct that Colorado prohibits the possession of a firearm by a previous offender, which is Class 6 felony and, under certain circumstances, can be a Class 5 felony. While Constitutional rights, such the right to bear arms, are guaranteed, they are not absolute and may be waived and/or forfeited by conduct and the Colorado courts have upheld the Constitutionality of this prohibition based upon prior felony convictions in Colorado or any other state. I would suggest seeing if there are any grounds to collaterally attack the Michigan felony.

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Posted

I provided an answer to your identical question on Avvo and my post was remarkable similar to my colleagues. A constitutional right is not absolute and this has been challenged on constitutional 2nd Amendment grounds on both the state and federal levels and the legislation that bans firearm possession has been upheld.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

The only way to restore your rights is to contest the felony conviction in MI somehow. You need to consult a MI criminal defense attorney to see if there is some method available to you.

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Posted

My colleagues are correct, you will be unable to restore your rights to own/carry a firearm unless you challenge the prior felony conviction under the rules depending on if you were represented by counsel, and an evaluation of the evidence you could challenge the conviction for ineffective representation or upon review by an appellate counsel if there was a deficiency in the plea hearing then you could go that route either way it is extremely rare to be able to overturn your prior conviction. You will need to retain counsel to review your options moving forward if you want to restore your right to carry a firearm.

The Law Office of Benjamin Hartford - 303-522-7573 - Benjamin Hartford has 10 years experience in criminal law and specializes in DUI/Vehicular Assault/Homicide Cases. Attorney Hartford's decision to answer your questions does not constitute an attorney/client relationship. The Law Office of Benjamin Hartford offers Free Consultations and we encourage that you contact the firm to discuss your case in more detail.

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