LEGAL GUIDE
Written by attorney Alan James Brinkmeier | Oct 22, 2010

Illinois Law Does Not Supercede Federal Law in Gun Restoration of Rights Cases

The gun laws from where you live will govern you. All 50 states must follow the federal gun law possession ban. In Illinois, when you are looking to possess a gun, you will run into it as well. Check with a local lawyer to make sure you can reinstate your civil rights so you may own a gun legally. Federal law prohibits gun possession by any of the following groupings of people. This is true no matter what Illinois law says: (1) Convicted in any court of a crime punishable by imprisonment for a term exceeding one year; (2) Fugitive from justice; (3) Unlawful user of or addicted to any controlled substance; (4) Adjudicated as mentally defective or has been committed to a mental institution; (5) Alien illegally or unlawfully in the United States or an alien admitted to the United States under a nonimmigrant visa; (6) Discharged from the US military by dishonorable conditions; (7) A former citizen of the United States who has renounced US citizenship; (8) Subject to a court order that restrains the person from harassing, stalking, or threatening an intimate partner or child of such intimate partner; or (9) Convicted of a misdemeanor crime of domestic violence .... Cannot lawfully receive, possess, ship, or transport a firearm. If your convictions fall into any of these groupings, as a practical matter under federal law, you can never legally own a gun again no matter what Illinois law says. So before some lawyer tries to convince you to dig up a long lost file, file a form, pay a fee and go to court, make sure you understand that federal law must be followed by all 50 states. Check with an attorney today

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