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Posted: 2/21/2019 2:48:24 PM EDT
I know it's a common hahaha thing around here, but I really am asking for a friend. This is a confusing area of firearms law, and one that I have no personal experience with - something I'm strangely grateful for

Scenario: friend was convicted of a non-violent felony at age 19 and is now 34. Sentence did not include jail time and has long since been completed. The conviction was in Rhode Island and was at the State level, not Federal.

Reading the text of State law (RIGL 11-47-5), this person was not convicted of an offense that is included in (a)1, 2, 3, or 4. The logical presumption therefore is that this person is no longer a prohibited person under State law.

1) Does anybody have experience with this and can confirm that my reading is correct i.e. restoration of rights is automatic?

2) If so, how does this work at the Federal level? I've done a lot of searching and it appears to be a muddy picture at best. Some sources suggest that the Federal disqualification disappears in line with the State restoration of rights, others that it does not.

3) If it is no longer a State or Federal disqualifier, how does filling out a 4473 work? The instructions for 11(c) seem to suggest that the person could legitimately check "No" if my assumption about automatic restoration of rights at the State level is correct?

I know it's a long shot given the low level of traffic the RI HTF has, but I figured I'd give it a try. Any input greatly appreciated. IANAL and the last thing I want is for this friend to end up in a world of hurt for attempting a purchase, or even possessing a firearm, as a disqualified person.
Link Posted: 4/3/2019 5:29:29 PM EDT
[#1]
4473 is pretty cut and dry.

It asks if you've ever been convicted of a felony punishable by up to one year in prison. As far as I know, all felonies in all states are punishable by 1 or more years. So unless I'm mistaken, any felony conviction is grounds for denial.

Has he looked into filing a Motion to expunge ?
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