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I am a convicted felon. Can I get my rights back to possess a firearm.

Johnson City, TN |

I was convicted of possession of cocaine with intent to sell. My conviction date was Aug 1, 2000. I was convicted in NC but I now live in Tennessee. Can I get my rights back to vote and possess a firearm.

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Attorney answers 2

Posted

While you have a felony conviction on your record, you cannot legally possess a firearm. That being said, there is some question as to whether you could possess a firearm if you get your conviction expunged from your record. You should probably check with a criminal defense attorney in NC as to whether you are eligible for expungement. As for voting, I believe that depends on the state. For instance, in RI, you only lose your right to vote while you are incarcerated, and regain that right once you are released. I would also consult with an attorney in Tennessee to ask about your voting rights.

Posted

You should definitely speak with an attorney in North Carolina that is knowledgeable about both firearms relief and Federal firearms law. To obtain Federal firearms relief, pursuant to 18 USC 921, you must either obtain an expungement, pardon, or complete restoration of your rights, including the right to sit on a jury, vote, and hold public office. Most attorneys only look to state law and forget about the federal disability that you also fall under. Also, Federal Firearms Relief determinations, pursuant to 18 USC 925, have not been available since 1992, as the Congress has placed in the ATF's appropriations bills that it may not use any of the money for relief determinations.

The information is for general information purposes only. Nothing stated above should be taken as legal advice for any individual case or situation. No attorney-client relationship is established.