Q: Does a conviction under 21 U.S.C. §§ 843(a)(3) and 846 disqualify one from gun ownership?
In Case No. 1:12-CR-043(5) in the Southern District of Ohio, a plea agreement was accepted that in exchange for a guilty plea to the above charge, the Government would take no position on sentencing. An initial sentence of 6 months incarceration was vacated by the Sixth Circuit when the Government violated the terms of the plea agreement. Resentencing before a different district court judge resulted in a sentence of probation (successfully completed) and a $5,000 fine (fully paid). When it came to determining the total number of points against me vis-a-vis the sentencing guidelines, the pre-sentence investigation included history of a conviction in state court (which has since been vacated this year).
Does this conviction make me ineligible to be a gun owner? Is it considered a felony?
If so, could my gun rights only be restored via presidential pardon?
A: That is a disabling conviction, yes. And under the current state of things, a pardon would be it. There is a law providing for application to the ATF for relief, but congress has never funded processing of such applications.
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