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To: Still Thinking

that is news to me...i would be very certain given the drac mandatory sentencing in place

here’s a legal reference;

http://www.hwylaw.com/lawyer-attorney-1492102.html

i already knew all the black powder and antique weapon exclusions


19 posted on 09/04/2010 9:30:59 PM PDT by wardaddy (effed up times..)
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To: wardaddy
Right. That reference confirms what I thought. The federal gotcha when the state restoration is less than total is described in (5) and (6)

2. Federal law contains an explicit statutory exception which provides that the federal criminal offense of firearms possession is inapplicable to persons who have had their civil rights restored on the predicate state felony conviction.

3. Whether a person has had his or her civil rights restored for a state conviction is determined by state and NOT federal law.

4. However, (this "however" is the first of two elusive parts of the analysis) federal law requires that for federal law to recognize the state restoration of rights, the state restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury.

5. If the state restoration of rights includes the three aforementioned rights the federal law contains an additional federal "unless" clause which looks to state law to see if the state imposes any restriction on the right of the convicted felon to possess a weapon (e.g., some states such as North Carolina prohibit the subsequent possession of a handgun but would allow the individual to possess a rifle or shotgun).

6. If there is some added firearms restriction under state law then (and here is the second elusive part of the analysis) the federal "unless" clause is triggered to make the possession of any firearms unlawful under federal law notwithstanding the state's restoration of civil rights. Thus, if the state says that a restored-rights felon may possess a shotgun but not a pistol, the state has allowed the felon to possess the shotgun under state law BUT, because the state has created some firearm restriction for a convicted felon, this means that the federal prohibition applies with full force notwithstanding a state restoration of rights. Thus, in the shotgun-pistol example, that person could be convicted under federal law for possession of the shotgun even though it would be perfectly lawful under state law.


20 posted on 09/04/2010 9:58:56 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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