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Restoration of firearm rights.

Posted: Sun Apr 24, 2005 8:03 pm
by MoJo
I'm not sure if this is the right forum for this question it looks like the best one.

My wife's brother was convicted on a bad check charge (felony) about 20 years ago. The check was forged by his ex-wife but the lawyer he had at the time told him to plea out. Since then he has been attacked by his ex-wife's boyfriend and almost killed. The ex and her boyfriend are in prison at this time but he's worried about when they get out.

My question is, what are the procedures to get firearm rights restored?

Charles, can you shed a little light on this subject, please?

Posted: Sun Apr 24, 2005 8:26 pm
by Charles L. Cotton
There is a procedure for this, but that's not in my area of practice and I know nothing about it. I know some guys who practice criminal law and I'll give them a call tomorrow. I'll let you know what I learn.

Regards,
Chas.

Posted: Sun Apr 24, 2005 8:29 pm
by MoJo
Thanks Charles.

Posted: Mon Apr 25, 2005 9:34 am
by dolanp
From what I hear the ATF pretty much ignores these kinds of requests.

Posted: Mon Apr 25, 2005 6:45 pm
by Charles L. Cotton
dolanp:
Yep, ATF ignores federal requests for restoration of firearms rights. This is based on a lack of funding for this activity. However, Texas does have a procedure to restore constitutional rights, which includes firearms rights. I've been told that, so long as all constitutional rights are restored, this is sufficient to pass a NICS check. At this point, it won't qualify him for a CHL.

Mojo, where does this fellow live and where was the "conviction?" If it's in the Houston area, I have an attorney that will handle it for him. If it's not in the Houston area, I'll keep looking for someone.

Regards,
Chas.

Posted: Mon Apr 25, 2005 6:56 pm
by MoJo
Charles - - - PM sent.

Posted: Tue Apr 26, 2005 9:08 pm
by one eyed fatman
Good luck MoJo.