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Originally Posted by Just_for_fun OK my father has had a felony on his record since the early 80's(recieving stolen property..such bullshit) and im having trouble finding laws regarding wether the shit is expunged or sealed after so many years.....he hasnt had any criminal activity since that occasion and he would like to own a gun again...but i cant find any relevant info on it, any of you got excellent sources to this form of information? Thanks and advance |
Luckly, I troll these forms.
If a federal court rendered the conviction, then the process is controlled by federal law. If convicted under a state court, then he is under the laws of Missori where the conviction was.
Felonies require a 5 year waiting period, with the exception of Class A felonies and convictions of murder, manslaughter, robbery, rape, indecent liberties, arson, assault, kidnapping, extortion, burglary, or violation of a controlled substances (these convictions require a pardon to restore gun rights).
The main test is if he was convicted of a crime "punishable by imprisonment for a term exceeding one year. If not he still has gun rights. If He was then he needs to pay a lawyer to expung his conviction. Which if he has stayed out of trouble for about 3 years will be easy for a lawyer.
Until about 10 years ago those who had felony convictions could petition the ATF to get back their gun rights. Then, the U.S. Congress removed the funding (Clinton Administration) the ATF used for this program. The AFT can't even handle the applications. So a federal felony he is fucked.
Hopefully its a state convicted felony,
"A person convicted of any "dangerous felony, "* an attempt to commit a dangerous felony, or of a crime under the laws of any state or of the United States which, if committed in Missouri, would be a dangerous felony, may not possess a concealable firearm3 for five years after conviction or release from confinement for such a conviction, whichever is later. Mo. Rev. Stat. 8 571,070.1. A person who has been convicted of a crime punishable by imprisonment for a term exceeding one year under the laws of any state or of the United States (other than a crime punishable by imprisonment of two years or less, classified as a misdemeanor, and not involving an explosive weapon, firearm, silencer, or gas gun) may not obtain a permit to acquire a concealable firearm. Mo. Rev. Stat. 8 571.090.1(2). Without such a permit, it is illegal to purchase, lease, borrow, exchange, or receive a concealable firearm. Mo. Rev. Stat. 8 571.080.1(1).
http://www.ncjrs.gov/App/Publications/abstract.aspx?ID=171656"
As long as it was a state conviction he would be able to own a rifle or shotgun as of now without it being expunged.