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Posted: 2/4/2015 9:13:40 PM EDT
[#1]
Quoted:
Can a state/county legally take away a persons gun rights for a misdemeanor accual physical control conviction? That's it apc, no guns involved and no other offenses. WUT?? |
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Posted: 2/4/2015 9:23:45 PM EDT
[#2]
Quoted:
Can a state/county legally take away a persons gun rights for a misdemeanor accual physical control conviction? That's it apc, no guns involved and no other offenses. NM |
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Posted: 2/4/2015 9:27:21 PM EDT
[#3]
Yes. Hide your pets.
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Posted: 2/4/2015 10:33:08 PM EDT
[#4]
Apc is like a dui or dwi but the vehicle is parked. I haven't had one in over 7 years and rarely if ever even drink anymore. Part of my sentence was no gun ownership or possession for 1 year. I still get flagged for it on the Nics causing a delay. I think they started doing it under 10 years ago on certain misdemeanors in my "quite gun friendly state". Was kind of wondering if it's even constitutional for them to do it.
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Posted: 2/5/2015 1:15:19 PM EDT
[#5]
There are no definitive court decisions on the topic, a recent Louisiana court decision found that a felon who was still in the custody of the system e.g. under probation conditions, could have their second amendment rights curtailed.
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Posted: 2/10/2015 7:31:41 PM EDT
[#6]
The answer to your question is yes, Texas or any other state can restrict your access to firearms for any felony and certain gross misdemeanor criminal convictions. However, you can always petition the Court for restoration of your firearms’ ownership and possession rights. Consult with a good private practice criminal law attorney on how you can go about doing this.
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Posted: 2/28/2015 6:54:19 AM EDT
[#7]
Quote HistoryQuoted:
The answer to your question is yes, Texas or any other state can restrict your access to firearms for any felony and certain gross misdemeanor criminal convictions. However, you can always petition the Court for restoration of your firearms’ ownership and possession rights. Consult with a good private practice criminal law attorney on how you can go about doing this. Wrong. North Carolina Supreme Court has ruled on it - Britt v. State (488A07) and Missouri's new constitutional amendment states only convicted violent felons, which our SC has a case in front of it now - Missouri v. Merritt, SC9406. And this from 22nd circuit court - St. Louis, Mo: http://www.ar15.com/forums/t_8_32/577699_State_vs__Robinson_571_070_1_Unconstitutional_as_applied___22nd_Circuit_St__Louis___Good_Read.html |
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Posted: 2/28/2015 3:20:48 PM EDT
[#8]
Quote HistoryQuoted:
However, you can always petition the Court for restoration of your firearms’ ownership and possession rights. Consult with a good private practice criminal law attorney on how you can go about doing this. Congress has not funded restoration of rights in over 20 years or so. Your only option is a pardon. |
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Posted: 3/5/2015 6:47:15 PM EDT
[#9]
Quote HistoryQuoted:
Congress has not funded restoration of rights in over 20 years or so. Your only option is a pardon. Quote HistoryQuoted:
Quoted:
However, you can always petition the Court for restoration of your firearms’ ownership and possession rights. Consult with a good private practice criminal law attorney on how you can go about doing this. Congress has not funded restoration of rights in over 20 years or so. Your only option is a pardon. Congress doesn't control what state governments do/do not do in terms of restoring rights taken away by the State. |
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Posted: 3/5/2015 7:21:11 PM EDT
[#10]
Quote HistoryQuoted:
Congress doesn't control what state governments do/do not do in terms of restoring rights taken away by the State. Quote HistoryQuoted:
Quoted:
Quoted:
However, you can always petition the Court for restoration of your firearms’ ownership and possession rights. Consult with a good private practice criminal law attorney on how you can go about doing this. Congress has not funded restoration of rights in over 20 years or so. Your only option is a pardon. Congress doesn't control what state governments do/do not do in terms of restoring rights taken away by the State. Not a gun dealer are you? You might want to read up on the whole gun law thing. 
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