beckdw wrote:
cmica wrote:
cali.....
any ways moving on....
3) depending on his case from the past. have him go see a judge and get his right reinstated.
This.
I know several folks that had their rights restored, but it does cost. Lawyers aren't cheap.
Two parts to it.
1) vacation of conviction
2) restoration of firearm rights.
Pretty easy, a lot of people do it themselves. Can download the forms from any courthouse web site.
If you hire a lawyer, get one who specializes in firearm law. Takes the lawyer about a half hour to do, don't even need to go to court, can fax it in. Going rate is $500- $1,000.
Do it yourself:
1) Go to WATCH, pay $10, and print out your rap sheet showing no further convictions.
2) Send that along with 'Motion for Vacation of Conviction' in the court of conviction
3) If you meet the criteria, it will be approved. Pretty much a shall issue.
4) Then file 'Motion for Restoration of Firearm Rights' to the same court along with a copy of your approved vacation.
5) When that is approved, wait a week and run another WATCH. Sometimes you have to call them and have them update your rap sheet and send the results to FBI.
Can do the same with most DV misdemeanors after 3 years in the community violation free and also file notice with the prosecutor of record BEFORE the motion for vacation.
About the only reason a vacation will be denied is not enough time in community after conviction (5 years for C felony, 10 years for B felony), further violations, not paying your court fees/fulfilling probation requirements, or the conviction was an A felony, violent felony, a firearm was involved, an alcohol related felony, or a sexual crime. Those stay on forever.
Vacation/restoration is something he should really consider doing.
As far as locking up the gun, make sure any guns are behind a combination lock. Hard to prove somebody knows a combination.
Safe key on a key ring laying on a table could be seen as constructive possession.