Restoration of Gun Rights

Arizona Firearm Rights Restoration

In Arizona, a person convicted of a felony loses the right to possess a gun or firearm.¹ Fortunately, Arizona law provides three methods available to restore your firearm rights. Firearm rights may be restored by applying for Firearm Restoration in the court of conviction or by applying for a Set Aside of the prohibiting conviction.

If you were convicted of a felony you are eligible to apply for restoration 10 years after discharge of probation. If you were convicted of a “serious offense” you are eligible to apply following a two year waiting period, although this waiting period can sometimes be circumvented by instead applying for a Set Aside.⁴

Additionally, you may be eligible for restoration even if you went to prison as long as you received an Absolute Discharge. The third option is to receive a Pardon from the governor, but they are granted infrequently. Please note that those convicted of a “dangerous offense” may only restore their rights through a pardon.³

Our firm provides both an Arizona Set Aside service and an Arizona Firearm Restoration service. We will handle your case from start to finish, including conducting case research, drafting and filing motions and answering prosecutor opposition to get your Arizona firearm rights restored.

California Firearm Rights Restoration

In California, anyone convicted of a felony in any jurisdiction cannot purchase or possess a firearm.⁵ In addition, anyone convicted of certain violent misdemeanors (including domestic violence) cannot purchase or possess a firearm for a period of 10 years from the date of conviction but their rights are restored automatically in California following this period.⁶

Fortunately, California law provides a convenient form of firearm restoration for people convicted of certain felonies. If you were convicted of a felony “wobbler” in California, you may be eligible to restore your firearm rights by having your felony conviction reduced to a misdemeanor through a Felony Reduction process.⁷ “Wobblers” are felony offenses that could have been charged as misdemeanors or felonies.

Note that more serious offenses such as murder and robbery cannot be charged as misdemeanors and do not “wobble,” so they are not able to be reduced.We offer Felony Reduction as part of our Felony Expungement service and we prepare all necessary documents to be filed in court and appear in court on your behalf.

Firearm rights in California may also be restored by a Pardon except when the underlying offense involves the use of a dangerous weapon.⁸ We offer a California Pardon service that includes filing an application on your behalf, obtaining all necessary court documents, and preparing a statement describing your productive and law abiding lifestyle to be sent to the Governor’s Office and necessary District Attorney Offices.

You can find out more about restoring your California gun rights here.

Colorado Firearm Rights Restoration

In Colorado, firearm rights lost due to a felony conviction can only be restored through a Pardon granted by the governor.⁹ To be eligible for a pardon, your felony conviction cannot be a federal conviction or a conviction that occurred in another state. In addition, pardon applications for felonies are not accepted until 7 years have elapsed since the completion of your sentence.¹⁰ The process to obtain a pardon requires submission of an application, along with a certificate from the respective superintendent of a correctional facility stating the good conduct of the applicant while incarcerated, and evidence of the applicant’s good character.¹¹

The application along with the additional materials is then submitted to the district attorney, the judge who sentenced the applicant, and the prosecuting attorney for comment before being presented to the governor and the Executive Clemency Advisory Board for final decision. Please note Governor Hickenlooper has pardoned 40 individuals out of 170 total applications reviewed by his Office.¹²

Florida Firearm Rights Restoration

In Florida, anyone who was convicted of a felony in any jurisdiction is banned from owning or purchasing firearms. Those convicted of out of state misdemeanors that can be punished for a prison term longer than a year also fall under this ban.¹³ Currently, the only way to restore your firearm rights in Florida is to apply to the Florida Office of Executive Clemency.¹⁴ In order to be eligible to apply, there is a waiting period of 8 years following the expiration of your sentence. You must also have no outstanding detainers, pecuniary penalties, or liabilities that total more than $1,000. In addition, you may not have any outstanding victim restitution, including restitution pursuant to a court order or civil judgment, or any other victim assistance obligations. Regaining your firearm rights will also require an in-depth interview with an examiner of the Florida Parole Commission.

We offer a Florida gun rights restoration service which includes researching your case, writing all essential motions, submitting your application to the Florida Office of Executive Clemency and sending out an attorney to present your case. Please note that the Clemency board is taking approximately 9-10 years to process an application for firearm restoration.

Illinois Firearm Rights Restoration

Individuals in Illinois who have been convicted of a felony in Illinois or elsewhere may not possess a firearm or ammunition.¹⁵ Fortunately, Illinois law allows the Circuit Court or Illinois Department of State Police to grant restoration of firearm rights if they find that:

1. the person has not been convicted of a forcible felony in any state within the past 20 years;
2. the circumstances regarding the conviction, criminal history, and reputation show that the applicant will not be likely to act in a manner dangerous to public safety; and
3. restoring firearm rights would not be contrary to the public interest.¹⁶

Whether the Circuit Court or Illinois Department of State Police decides your case depends on the type of conviction you received. We offer an Illinois Firearm Rights Restoration service and are prepared to research your case and determine which authority decides your case, write and file motions, argue in court and respond to prosecutor opposition on your behalf.

Firearm rights may also be restored through grant of a Pardon in Illinois, but the pardon must specifically include the restoration of firearm rights. Our firm also offers an Illinois Pardon service and will prepare and review the application and take care of filing it with the Prisoner Review Board.

Indiana Firearm Rights Restoration

Under Indiana law, anyone who has ever been convicted of a felony (or a misdemeanor of domestic violence) loses his or her right to own or possess a handgun.¹⁷ While an expungement of your offense will not restore your gun rights in Indiana, a felony reduction will do so. Note you cannot reduce a felony to a misdemeanor if you have a subsequent felony conviction.¹⁸ We offer an Indiana Felony Reduction service and will write and file any essential documents and motions, respond to DA opposition and if necessary send an attorney to court to advocate for your case.

Indiana also provides a route for firearm restoration through the court, but it is only available for misdemeanor domestic violence convictions.¹⁹ If this option is available to you, we offer an Indiana Firearm Rights Restoration service and will research, compile and file all applicable documents with the court and send our attorneys to court on your behalf. Please note, if your felony cannot be reduced and if you do not have an eligible domestic violence offense, a governor’s Pardon is the only method available for restoration.²⁰

Michigan Firearm Rights Restoration

In Michigan, a person convicted of a felony is subject to a firearm ban for 3 years after completing the terms of their sentence. If a person is convicted of a “specified felony” (such as those involving the use of force, an explosive or firearm, controlled substances, or burglary), then the person is subject to the ban until 5 years after completing the terms of their sentence.²¹ A person who has lost his or her firearm privileges due to a conviction may regain them by applying to the “concealed weapons licensing board” for the county of his or her residence. The administrative procedure to restore firearm rights includes petitioning the circuit court in the county in which the applicant resides. If the board refuses to restore firearm privileges, then person may petition to the circuit court.

A person who has lost their firearm rights due to a conviction may also have their conviction Set Aside in order to restore those rights.²² The circuit court will restore these rights if, by clear and convincing evidence, the following circumstances are true:

1. The individual properly submitted a petition for restoration of firearm rights,
2. five years have passed since the individual has paid all fines imposed, all terms of imprisonment have been served, and all terms of probation or parole have been completed, and
3. the record and reputation of the applicant are such that they are not likely to act in a manner dangerous to the safety of others.

We offer a Michigan felony set aside service and will research, compile and file all applicable documents with the court and send our attorneys to court on your behalf.

Minnesota Firearm Rights Restoration

Under Minnesota law, those convicted of a felony have their firearm rights automatically restored upon completion of their sentence.²³ Additionally, a person who has been convicted of multiple gross misdemeanor or misdemeanor offenses of Chapter 152 or of any domestic violence offense may regain their firearm rights automatically after a three year period.²⁴ Only those convicted of a “crime of violence” do not regain their firearm rights automatically.²⁵ Fortunately, Minnesota law provides for the restoration of a person’s firearm rights lost due to a crime of violence through a Minnesota Restoration of Gun Rights. Restoration requires petitioning the court. When determining whether to restore an individual’s firearm rights, the court will consider whether:

1. the petitioner shows good cause to do so, and
2. if the petitioner has been released from physical confinement. If the petition is denied, the petitioner must wait three years to refile.²⁶

Our firm provides a Minnesota restoration of gun rights service and we file your petition with the court and make sure our attorneys represent you in court at any hearings that may be required.

Nevada Firearm Rights Restoration

In Nevada, the conviction of a felony, in Nevada or any other state, will result in the loss of all firearm rights. Firearm rights can only be restored by pardon.²⁷ If the offense is federal or in another state, then a pardon must be obtained in that jurisdiction to restore firearm rights. In Nevada, the only way to obtain a pardon is by applying to the Nevada Board of Pardons Commissioner.²⁸ If a pardon is granted, the pardon must explicitly state that the person is restored to the right to bear arms. We currently do not offer pardon services in Nevada.

New Jersey Firearm Rights Restoration

In New Jersey, a person convicted of specified violent crimes and “any crime, or a disorderly persons offense involving an act of domestic violence” is ineligible to own, purchase, control, or possess any firearm.²⁹ Although a certificate of rehabilitation is not sufficient to restore firearm rights, there are two possible options to restore your rights in New Jersey. One way is to apply to the gubernatorial pardon.³⁰ A second option is to restore your firearm rights through an Expungement.³¹

Our firm offers a New Jersey Expungement service and will conduct the research, file the necessary motions, respond to written or oral opposition from the prosecutor’s office and send one of our attorneys to court to argue your case in front of the judge.

New York Firearm Rights Restoration

In New York, an individual convicted of a felony or serious offense, or who has an outstanding warrant for an alleged commission of a felony or serious offense will lose their firearm privileges.³² This includes possession of any rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle loading firearm.³³ If you have been convicted of any misdemeanor offense, or have no more than one felony conviction, which is not a Class A felony or a “violent felony,” you may apply for a Certificate of Good Conduct or Certificate of Relief from Disabilities to restore your civil rights.³⁴ Note that in New York, multiple felony convictions in one case only count as one conviction.

Our firm offers both a New York Certificate of Relief from Disabilities service and New York Certificate of Good Conduct service. We can research your case and determine your eligibility and compose and file your application. If a hearing is held, we also send an attorney to argue your case. Note, the only option for those convicted of“violent felonies” and Class A felonies would be to obtain a Gubernatorial pardon.³⁵

Ohio Firearm Rights Restoration

A felony conviction of violence or a felony drug offense will result in a person becoming subject to Ohio’s firearm ban and they will not be allowed to carry or use any firearm.³⁶ Additionally, if someone is convicted of a felony drug offense or of assaulting a peace officer, they will not be issued a license to carry a concealed handgun. Fortunately, the ban can be lifted for Ohio residents through the court if: he or she is fully discharged from the sentence, has led a law-abiding life since the conviction, and is not otherwise prohibited by law from having a firearm.³⁷ Note that this restoration process is also available to Ohio residents with out-of-state convictions, however the federal firearm ban will still apply to them. We offer an Ohio firearm rights restoration service and will file the necessary petition with the court and defend your case on your behalf.

Oregon Firearm Rights Restoration

Oregon applies a firearm ban against any person who has ever been convicted of a felony or certain domestic violence misdemeanors (where the victim of the offense was either a family member, household member, parent or guardian).³⁸ Oregon has also recently enacted a true misdemeanor ban, which applies when the person has been convicted of a misdemeanor that involves violence.

Fortunately, in Oregon, firearms rights are automatically restored 15 years after discharge from a sentence to a person convicted of no more than one (1) felony, unless their offense involved criminal homicide or the use of a gun or knife.³⁹ In addition, Oregon has a process in which you can petition the court to restore your firearm rights.⁴⁰ To be eligible, you:

1. must currently reside in Oregon,
2. not be a threat to the safety of the public or yourself, and
3. not have served any sentence in the past year.

Please note, a court may not grant relief under this section to a person convicted of a person felony involving the use of a firearm or a deadly weapon, or a person convicted of certain other violent offenses.⁴¹

An Oregon state firearm rights restoration cannot restore federal firearm rights unless all civil rights have been restored, including jury rights, public office rights, and voting rights.⁴² Unfortunately, you must wait to apply for firearm rights restoration until 15 years have passed because any felony conviction prohibits a person’s jury rights for 15 years. Since Oregon does not restrict jury rights for misdemeanants, this 15 year requirement only applies to felony convictions.

We offer an Oregon Firearm Rights Restoration service and will conduct research, file motions, respond to prosecutor opposition and send one of our experienced licensed attorneys to fight for your rights.

Pennsylvania Firearm Rights Restoration

In Pennsylvania, a person will lose their firearm rights if they have a conviction for any of the following:

1. enumerated felony offenses in Section 6105(b),
2. drug crimes that are punishable by imprisonment exceeding two years,
3. three or more DUI offenses within five years,
4. domestic violence offenses, or
5. anyone who is a fugitive from justice.⁴³

A person may restore their firearm rights through a Pardon, Expungement, and/or a Firearm Restoration through the court when ten years have passed since completion of their sentence. Firearm restoration involves an application made in the court of common pleas of the county of principal residence of the applicant. However, because the Pennsylvania court firearm rights restoration process does not lift the accompanying federal ban,⁴⁴ restoration must also always involve a pardon or expungement in cases where the federal ban applies. Additionally, pardons must be accompanied by an application for firearm rights restoration to the court or else the ban is not fully removed.

Note, Misdemeanor 1 crimes (which can carry a prison sentence of over one year) will also trigger the federal firearm ban because these offenses carry a sentence of up to 5 years in prison.⁴⁵ As a result, any person convicted of a Misdemeanor 1 crime will be subject to the federal firearms ban, regardless of what sentence the person actually received (even if they only were sentenced to probation). We offer a Pennsylvania Firearm Rights Restoration service, pardon service and an expungement service to help you remove firearms disabilities.

Texas Firearm Rights Restoration

In Texas, a person who is convicted of a felony is prohibited from possessing any firearm for five years after the date of the person’s release from confinement, or release from community supervision, parole, or mandatory supervision, whichever is later.⁴⁶ After that period of five years has lapsed, the person may only possess a firearm within the premises at which he or she lives. In addition, a person convicted of a Class A misdemeanor offense involving a member of the person’s family or household is prohibited from firearm possession until five years after the their release from confinement or probation.⁴⁷ Note, federal firearm disabilities may still apply, even after this time period has lapsed. Fortunately, the Texas firearm ban does not apply where a person’s conviction has been set aside.

We offer a Texas set aside service and will conduct the research, file the necessary motions, respond to written or oral opposition from the District Attorney and send one of our attorneys to court to argue the case in front of the judge. Note, set asides are only available for 30 days from the date of termination of probation.

Utah Firearm Rights Restoration

Recently, Utah tightened its restrictions on firearms. Currently, there is a firearm ban on anyone convicted of a felony.⁴⁸ This ban also prohibits felons from possessing any other “dangerous weapon” other than a firearm. Persons convicted of violent crimes or who are on probation or parole are also subject to penalties. To remove a firearm restriction in Utah, there are two options:

1. seek an expungement, if eligible, or
2. apply for a pardon

To obtain an expungement, a person is eligible if they are convicted of one felony, or up to two Class A misdemeanors (in separate criminal acts), or up to three class B misdemeanors (also in separate criminal acts), or up to four convictions of any degree, excluding infractions and any traffic offenses. After a waiting period, each limit is increased by 1. Additionally, reducing offenses can make a person eligible for expungement who would not otherwise be eligible. 1-step reductions reduce a person’s offense by one degree and are fairly simple to apply for. In Utah, 2-step reductions are possible with the consent of the prosecutor. The following time periods apply for eligibility: seven years in the case of a felony, ten years in the case of a misdemeanor DUI offense of felony drug trafficking offense, five years in the case of a class A misdemeanor or felony drug possession offense, four years in the case of a class B misdemeanor, or three years in the case of any other misdemeanor or infraction.⁴⁹

Depending on the facts of your case, our firm offers an Expungement service and Conviction Reduction service to help you restore your firearm rights. To apply for a pardon, a person must apply to the Board of Pardons and Paroles. Note, the Board will only consider applications for those whose sentences have been expired for five years. However, the Board may choose to dispense this requirement if good cause exists.⁵⁰