Midvale, UT asked in Criminal Law, Federal Crimes, Civil Rights and Constitutional Law for Idaho

Q: Gun rights and other rights for convicted felons. I was convicted of a felony dui in 2011. I was released from probation

In 2017. According to state law 18-301 these rights should have been restored after my successful probation. a post-conviction restoration of civil rights under State law. In accordance with 18 U.S.C. § 921(a)(20), a conviction does not disqualify an individual from possessing firearms if the person convicted "has had civil rights restored." In § 922(g)(1) cases based upon a State felony conviction, courts have uniformly looked to the law of the State where the conviction was obtained to determine whether the defendant's civil rights have been restored and whether such action has nullified the conviction's incidental prohibition on firearms possession.

See:

United States v. Ramos, 961 F.2d 1003, 1009 (1st Cir.), cert. denied, ___U.S.___, 113 S. Ct. 364 (1992),

So can I Legally own a firearm?

1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
Answered
  • Criminal Law Lawyer
  • Boise, ID
  • Licensed in Idaho

A: I completely agree.

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