How to Get Your Gun Rights Back

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If you have been convicted of a crime that caused you to lose your gun rights, how do you get them back? What is a "pardon" and how do individuals get them? Armed Attorneys Emily Taylor and Richard Hayes discuss different paths to getting your gun rights back, and the different processes to seek a pardon.

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The material presented is for general informational, educational, and entertainment purposes only and should not be construed to be formal legal advice or the formation of a lawyer-client relationship. You should not rely on this information or its applicability to any specific circumstances without speaking with an attorney.

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Mr white Expunged is the real deal, I was overjoyed when I received the letter that my rights had been restored. I felt like a U. S. citizen again

RjGamerzOp
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Their reviews speak for themselves. I am very much satisfied with the outcome of the process. They were able to help me restore my rights with their help and expertise. They’re the best I recommend to everyone.

_GYAN_JOD_YT
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I live in hawaii and everyone knows hawaii has strict gun laws that being said I had two misdemeanors over 20 years ago and they used those charges against me for many years to deny me rights to a firearm only in 2024 did they give me a chance and approved me for a permit and I will certainly abide by the law I thank the honolulu police chief that's present for giving me a chance to acquire my permit. Back when I was denied hawaii was full of corrupted politicians and police officers im glad they all got busted and is serving major jail time I even asked the governor back then for a pardon so I can acquire my firearm permit so I can join the police force and help the community by giving back and David ige turned me down im pretty sure that Governor was corrupted as well and I hope they find something on him and lock him up with ex police chief Louis kealoha dirty rotten bastards who took an oath and solemnly swear to uphold the constitution yet they have the audacity to stand infront the public of millions who trust them yet they've caused corruption behind closed doors and turn down someone like me who had a couple misdemeanors that happened many years ago and didn't commit any new crimes was denied my firearm permit I hope they reflect their actions in prison sh#t I didn't even been to prison and was still denied back then.

wahiawabound
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I was in the Marines 1967-70, Sgt Honorable Discharge,
Vietnam Veteran, 1st MAW DaNang Vietnam 1969.
In 2000, I was bullied and drugged by the Group Thinkers, they are after jobs and property.
I lost my job of 25 years, I was at the Philadelphia V.A. they asked me to see someone. I really did not have to see anyone.
At the Doylestown Pa Hospital, with my brother, who is ‘mentally disturbed deceitful’, does things on purpose, has some kind of childhood regression, he filled out a Section 302 form
with false statements, there was no social worker or legal representation at the Mental Health Facility to represent you, if there were, I would have never signed the Section 302 form. How can they just fill-out a form and do a Section 302 on a person, how could they get away with such a thing.
I am now 75 and retired.
Time is 20/20, I know my bother and his wife are collaborating with neighbors, they tried to force me from my job and property.
I have always been around honest people, I worked for a corporation for 25 years, if you have something to say, you must back it up with something…
I have to take the position that there was no legal representation at the Doylestown Hospital Mental Health Facility and that a Section 302 Form with false statements is illegal and it should have been prevented right there and then and nothing should have been done or signed.
The Public defender or the Judge did not question the truthfulness of my brother’s statements.
The Doylestown Hospital Lawyer, will tell you, there was no social worker or legal representation at the Mental Health Facility to represent you 25 years ago. What do they do now.
I would like to have a Pennsylvania Section 302-303 removed from my records that is from 4/17/2001.
So now, I have to get a Lawyer, go to the Court of Common Pleas.
I kind-of-think, that my bother, his wife, the neighbors, the community, and some people where I worked are-up-to-something for property, jobs and money. What a pain…
What do you think of all of this!

New Court Decision Allows The Expungement Of A Prior 303 Involuntary Commitment. By: Marc A. ... Pennsylvania statutory law, however, permits individuals who have been subjected to an involuntary commitment under Section 302 of the Mental Health Procedures Act (MHPA) to file a petition to expunge that commitment.Jun 19, 2018

Pa Superior Court Rules There is a Right to Expunge a Prior
prior commitment under Sections 302, 303, 304 or 305 of the Mental Health Procedures Act results in the individual losing their right to keep and bear firearms under federal and state law. Pennsylvania statutory law, however, permits individuals who have been subjected to an involuntary commitment under Section 302 of the Mental Health Procedures Act (MHPA) to file a petition to expunge that commitment. If the individual can prove there was insufficient evidence to support the 302, the Court will expunge it — thus restoring the individual's right to keep and bear arms. That statute, however, does not provide a mechanism for individuals to expunge an involuntary commitment under Section 303 of the MHPA. So, attorneys, including those at Scaringi Law, have been citing other law in challenges against 303 commitments including "due process" challenges. Many courts have refused to permit such challenges of 303 commitments, thus styming the efforts of individuals subjected to prior 303s from having their rights restored. However, in a new case called In re J.M.Y., 179 A.3d 1140 (2018), the Pennsylvania Superior Court sitting en banc has ruled a person who has been subjected to an invalid commitment under Section 303 has the right to request a court expunge that commitment – even if that person never filed an appeal of the commitment. This is an important advancement in the rights of Pennsylvanians – namely those who would like to exercise their 2nd Amendment right to keep and bear arms but are prevented from doing so because of a prior 303 commitment. Now they can try to have that prior 303 expunged, which barring any other disqualifications and provided they also have their 302 expunged under current statutory law, will restore their 2nd Amendment rights. The Pa Superior Court in In re J.M.Y. went against the position of the Pennsylvania State Police and a prior panel of its own court that maintained there is no right to bring a “collateral” challenge to a prior 303 commitment and that the only way to challenge it is on appeal. Because the decision in In re J.M.Y. is an en banc decision it is binding on any subsequent panel of that court. This ruling is particularly helpful to individuals who have been subjected to a 303 commitment, but who did not appeal that decision within 30-days. Now individuals can challenge that 303-commitment years later, after the time to file an appeal has long since passed and directly at the Court of Common Pleas.
Although the court in J.M.Y. was examining a 303 commitment when it determined anyone who has been subject to an invalid 303 commitment has the right to have that commitment expunged, this holding should be applied to commitments under 304 and 305 as well. Any person who has a prior 302, 303, 304 or 305 mental health commitment and wishes to have that commitment expunged and thus have the right to one’s reputation and one’s right to keep and bear arms restored should contact Scaringi Law right away.

CACTUS
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By the Grace of God I was granted an unconditional Pardon by the state of California, by accident really. I needed to go through the process in order to become a nurse and I found out 3 years afterwards my 2A rights had been restored. I’m now a staunch 2A activist advocating for our Second Amendment freedoms in my spare time. A lot of folks do not know that gun rights can be restored in many instances.

michaelcooke
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I do appreciate your discussion, you know what pisses me off is that this should not be necessary at all. IF you serve your time, be it jail, or probation only with a commuted sentence, it should not be necessary to hire and pay an attorney to get your rights back. It should be automatic. You see if one does not receive their full rights back automatically, then you have not "paid your debt to society" which in itself is an oxymoronic statement. The "people" are not the ones who arrested and prosecuted anyone, they just pay the bill. The government, and its agents do. i.e. the police, the local prosecutors, who BTW are also lawyers. And then the trial and sentencing by the Judge. ALL public "servants". Paid with tax dollars from the people. Beyond the contribution via tax money, the people have no involvement. The one exception is as a required Jurist. Unless of course you are a convicted felon, in which case you cannot serve on a jury. "Another lifelong lost right" The very sad truth is that we the people have sat on our hands and allowed politicians to control us with a barrage of laws that even lawyers must have people to research to even know the status of a situation. Obviously, there ARE situations where a person should be denied the ability to ever own a firearm, but in MANY cases the felony has or had nothing to do with violence of any kind. But again, we allowed our "representatives" to enact laws in a blanket manner, that is neither fair nor just. Why should it cost you tens of thousands of dollars to get the rights back that should never have been taken in the first place, or restored automatically upon completion of your punishment? Or never taken in the first place based on the actual nature of the crime.

A case in point concerning a status of felonious behavior, is the current migration of now over half the states signing into law the "legal" use of marijuana, and the SALE of said plant. BUT only by STATE appointed, government approved, (rich donors) to the politicians. Who are currently getting rich, while the "new" law still prosecutes the sale of by anyone other than a select few. And what constitutes legal usage....yep you guessed it, the purchase of this product from a state approved private business. And what is the governing parameters? MONEY. To be more precise, TAX MONEY. While people still sit in jail for a much lesser "crime" of possession. It is hypocrisy at its finest. It is still a felony to grow, produce, and sell marijuana. Unless you are state approved to do so, and the state makes money off it. We have become slaves of the system ruled by lawyers and allowed to be controlled like sheep. Rant over.

martymac
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Hi I’m a 60 year old guy. Back in 1988 a friend of mine left his brass pot pipe in my car i didn’t know it was there. I got charged with a felony ARKANSAS made it a felony that year. I got a lawyer to reduce the charge paid him $500 he got killed in a plane crash. I didn’t know he hadn’t paid the $500 to get my charge reduced to a misdemeanor. Few years ago I got a lawyer to have my record cleared he did but i still can’t buy a gun because the ATF will not allow you to buy a guy even if you are a none violent person.

stevewelch
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"Forearms Rights."

The right of The People to keep and bear arms shall not be infringed. As far as I am concerned if someone is a "person" then they still have 2A rights -unless they are currently in prison or jail or still serving their time on parole/early release. Once someone is "safe enough" to be let out of prison then they are safe enough to keep and bear arms. If not, then they should never been let out.

svbarryduckworth
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I had a gun charge over ten years ago, no criminal history before and none since my arrest and i hope i can get a pardon. Mine was suicide related, i didnt harm anyone but they charged me with agravated unlawful use of a weapon for leaving my house with a loaded firearm

drolak
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I got my voting rights back on my own and then paid $1, 400 to a lawyer to get my gun rights back and then the local sheriff would not give me my ccw so I paid my lawyer $1, 700 to gen my ccw from the Circuit Court. My understanding is even though I got my gun rights back and have a concealed carry permit I can't leave the state with it because some people have been convicted for being a prohibited person out of state even though they got their gun rights back in their home state so I don't know what to do about that so I stopped believing my state and I have carried a gun every day since I got my rights back about 10 years ago but feel trapped and overlooked when it comes to I'm able to protect myself while traveling. I'm hoping some case comes up where the Bruin decision will override and restore Justice

plasmaman
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Having gotten my MD CCW and going thru the process of getting other states' permits, I learned that just because you get an expungement in your state, doesn't mean the FBI deletes it from their database. You can challenge your FBI Indenty Summary if expunged convictions still show up by providing them with court documents. Getting your FBI file cleaned up makes it easier to get out-of-state concealed carry gun permits.

EducatedBlackMan
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Oregon here. My firearm rights have already been restored with no expungement or pardon. You can petition for relief of disabilities. The catch is it restored my rights to posses arms, but I can not pass the FBI background check to PURCHASE one. So I have my Concealed Carry License, but can't go buy one myself. In OREGON, if you have only 1 felony and it was not a violent offense and there was no deadly weapon involved then 15 years after the completion of the penalties (time, restitution and probation) ALL of your civil rights are restored. According to my lawyer, this does not automatically restore your federal firearms rights UNLESS, you have already been granted relief from the state, at which time federal firearm rights are restored as well because if its not a federal felony then the ATF and FBI rely on the states to decide who is prohibited and not. At that time he suggested submitting a VAF (with certified copies of court restoration) to the FBI for the NICS system so it can be stored and they issue you a UPIN. Yes this is allowing the NCIS system to store all your information, but by doing that they also store the information showing you are not a restricted person any more.

sickofpdx
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That attorney is not only bright intelligent quick witted, but very beautiful too!

MissionaryForMexico
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I live in NY and was convicted of a non violent felony 13 years ago and have been out of trouble since. I recently filed for a Certificate of Relief of Disabilities and it was granted and now I have my gun rights back! Doing a 4473 is a pain but I’m in the process of getting a UPIN to make that easier. But it goes to show that it’s doable! There’s hope even in NY!

khrisjames
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Went through the pardon process in MD. The governor only pardoned 1 person, and it wasn't me. I have a 36 year old misdemeanor.

kenlutter
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My Second Amendment rights were restored October 31st 2023 After 25 years I can say that this was the happiest day of my adult life

sentineloffreedomforever
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I know someone who was convicted of a felony in California, served their time, and got out in 1999...
Now, 25 years later, at 87 years old, they live in Idaho and want to try and get their gun rights back, but there is confusion about if they need to ask California, or Idaho. He ask an attorney in small town Idaho, and he didn't know.

But thanks for this video. I didn't know about the Commissions of Pardons & Parole, that at least gives me a start in helping him.

businessoutsidethelines
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If it can be taken from a free person it's not a right.

CWhite
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I am in need of a Texas pardon and a federal pardon. I had a state jail felony, stealing bubblegum machines. And served my time, and got out, and stayed out of trouble for a long time. then I caught a fed charge of affecting interstate commerce.

JohnFoerster-iy
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I’m grateful to Mr White Expunged, After Fifteen years I finally got my two felonies expunged here in Kentucky and my rights have been restored. My record is officially CLEAN. Anybody who checks my record will find ZERO and I can also protect myself and my family. Im so happy I could cry like a baby.

KennethGilmore