How To Get Gun Rights Restored In Alabama?

How To Get Gun Rights Restored In Alabama

Can I restore my gun rights in Alabama?

The impact that having a felony conviction removed has on a person’s eligibility to own a handgun is one of the most frequent concerns brought to my attention. The response is not as straightforward as it would appear at first look; there is more nuance involved.

  • Within the confines of our state, the Alabama Board of Pardons and Paroles is vested with the power to grant pardons and reinstate “civil rights.” The right to vote, the right to hold public office, and, of course, the right to possess a handgun are all included in this category of rights.
  • When a person is found guilty of committing a crime, they immediately and irrevocably lose the privileges that were outlined above.

The only way for these rights to be reinstated is for the individual’s conviction to be overturned (via post-conviction remedy, which will be discussed in a subsequent post on this blog), or for the rights to be reinstated by the Parole Board. It is of the utmost importance for a person seeking a pardon to make it crystal obvious and unmistakable in their initial petition that they want their civil rights restored if they are granted the pardon.

We have successfully obtained relief from conviction and restoration of civil rights for many of our clients at Skier & Associates, where we have represented scores of persons in pardon requests. In addition, we have been successful in securing relief for our clients. However, the Board’s golden rule is that “if you don’t ask for it, you don’t get it.” If you don’t ask for it, you won’t get it.

Call our office as soon as possible to schedule a consultation if you have been stripped of your civil rights as a consequence of a criminal conviction. Mr. Skier will be more than delighted to provide a comprehensive explanation of what you may anticipate when going through the process of obtaining a pardon, provide guidance that will increase your chances of success in front of the board, and make you feel more at ease with the procedure as a whole.

Can a felon own a gun after 10 years in Alabama?

Crime of Possession of a Firearm by a Convicted Offender in Alabama In comparison to the majority of other states, the regulations governing firearms in the state of Alabama are rather lenient. Having said that, the law places restrictions on the possession of guns by some people, and they are not exempt from such restrictions.

  • A felony conviction is one of the things that can prevent you from having access to firearms in certain circumstances.
  • There are a lot of persons who are in possession of weapons despite the fact that they have specific felony convictions on their records.
  • However, this is not a good decision because if you are discovered by the police, you might be arrested and charged with unauthorized possession of a firearm.

If you choose to go this route, however, you run the risk of facing both of these consequences. In the event that this occurs, the first person you should contact is a criminal defense attorney in Montgomery who specializes in cases involving the ownership of firearms.

Possible Consequences of Being Convicted of Being a Felon in Possession of a Firearm Persons convicted of felony charges in Alabama are prohibited by federal law from possessing firearms because this prohibition applies to people convicted of any crime that carries a sentence of one year in jail or more.

Any person convicted of a serious offense in Alabama is not allowed to own a firearm under the state’s statute. This indicates that not all felonies will automatically ban a person from carrying a handgun in accordance with state law (though you would still be prohibited under federal law).

  1. It is imperative that you do all in your power to stay out of jail, regardless of whether you are facing charges in state or federal court.
  2. This is due to the fact that a conviction can result in hefty penalties in addition to a possible state jail sentence of up to five years or a federal prison sentence of up to 10 years for a first offense.

It’s possible that there are defenses you can use. As a person who has been accused of committing a crime, it is essential to keep in mind that the mere fact that the police have accused you of anything does not necessarily indicate that you will be found guilty of the crime.

There is a possibility that you have access to defenses that might result in the court dismissing your case in certain circumstances. The following are examples of some of the more typical defenses that may be used in the event that a convicted criminal is found to be in possession of a firearm: Violations of the Fourth Amendment: If the police violated your rights under the Fourth Amendment when they discovered the firearm, you may have the ability to have the case against you dismissed or dropped.

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Protection of oneself or protection of others In situations in which you came into possession of a handgun in order to protect yourself or others from immediate danger, you might be able to use the right to self-defense as a defense against the accusations that have been made against you.

  • Justification In some circumstances, you may be able to successfully establish that the unauthorized possession of a handgun on your part was justified in order to stop more harm from occurring.
  • You did not in fact possess the firearm in the sense that the law requires it.
  • In certain instances, what the police deem to be “possession” is not truly possession in the sense that the law requires it to be understood.

It may be in your best interest to negotiate a plea deal with the prosecutor who is handling your case. This may be the most effective course of action you can take. A defense attorney who regularly represents people who are accused of committing crimes will be able to tell you whether or not a plea agreement is a good idea in your case, and if it is, they will be able to negotiate one with the prosecutor on your behalf if you decide that you want to go that route.

  1. Have an immediate consultation with a Montgomery firearm offenses defense attorney.
  2. If the police have charged you of illegally having a firearm, you should contact an expert attorney as quickly as you can after being suspected of this crime.
  3. At Luck Law, LLC, we work diligently to defend the legal interests of our clients and will do all in our power to ensure that your legal matter is addressed as expeditiously and favorably as is humanly feasible.

To book a consultation with an attorney right away, please get in touch with us via our website or give us a call at 334-262-5455.

Can a convicted felon ever own a gun in Alabama?

Convicted felons are not permitted to own weapons under either Alabama or federal law. Individuals convicted of a ‘violent’ crime in Alabama are specifically barred from owning firearms under state law.

What kind of weapons can a felon have in Alabama?

Possession of Firearms by Former felons is illegal under both federal and state law; however, the prohibitions placed by the federal government are more comprehensive and stringently enforced. People who have been indicted for a state or federal felony that carries a sentence of more than one year in prison, or who have been convicted of such a crime, are subject to the provisions of the federal criminal code.

That is, the law applies to you even before you’ve been convicted of the crime, and it applies regardless of the amount of time you’ve already spent in prison for the crime. People who are subject to a restraining order, those who have been convicted of a misdemeanor charge of domestic violence, and those who have been dishonorably discharged from the military are all subject to the same limitations under federal law.

If you are subject to federal law, you are not permitted to possess a firearm or ammunition that has traveled across state borders to reach you. Additionally, you are not permitted to carry, ship, or receive a firearm that has traveled across state lines.

  1. This is significant because the prosecution must establish beyond a reasonable doubt that the firearm crossed state boundaries at some point in time before you came into possession of it in order to win their case against you.
  2. Additionally, they have the burden of proving without a shadow of a doubt that you were aware of the firearm’s presence in your residence, vehicle, or other property.

In other words, if a member of your family secretly stored a gun in your residence without your knowledge, you do not lawfully own the firearm. The state law in Alabama is more restrictive. It makes it illegal for anybody who has been convicted of a violent felony to own a pistol, which is defined as any type of handgun with a barrel that is shorter than 12 inches.

This implies that while a shotgun with a long barrel could be allowed, a pellet gun might be against the law. According to the law, there are two types of violent crimes: actual and attempted. Murder Manslaughter, except vehicular manslaughter Mayhem and Rappers Assault with the goal to rob, ravish, or kill (also known as kidnapping) Robbery Trespassing and Theft Those who are considered to be “habitual drunkards” and those who are addicted to drugs are also subject to this regulation.

Those who are found guilty might spend up to five years in state jail, and the weapons or guns could be taken away from them as well.

How much time can a convicted felon get for possession of firearm in Alabama?

What are the Consequences of Being in Possession of Illegal Drugs? – A state permit is necessary for a person to be in compliance with the law and be able to carry a concealed firearm. In the absence of one, a person runs the risk of being prosecuted with a misdemeanor, which carries a maximum fine of $500 and a possible prison sentence of up to 6 months.

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Shotguns or rifles that have been modified to look like walking canes are the only types of firearms that are specifically outlawed by the state of Alabama’s gun regulations. If you are caught in possession of a weapon like this, you might face a jail sentence of up to two years and a fine of up to one thousand dollars.

A federal conviction for being a convicted felon in possession of a firearm carries a potential sentence of ten years in prison and a fine of $250,000. This is the maximum penalty for the offense.

Can a convicted felon own an air rifle in Alabama?

Yes. A federal legislation, included in Title 18 of the United States Code, contains the general restriction against a convicted criminal having a weapon.

How much does expungement cost in Alabama?

In 2014, Governor Robert J. Bentley of Alabama signed new legislation that makes it possible for people who have been arrested for certain offenses to seek an expungement of those records once the case is dismissed, the person is found not-guilty, or the case is no-billed by the grand jury.

This was made possible by the legislation that Governor Bentley signed. This law, known as the Expungement Law, makes it possible to have specific sections of your record completely removed from public view. Consult an Alabama expungement attorney immediately to learn more or to explore your eligibility and to learn more about the process.

An competent attorney will be able to assist you in navigating the legal procedure and minimizing the impact that it will have on your record to the greatest extent feasible. When Expungement is an Option You may be able to seek an expungement, also known as the sealing of your arrest record and all documentation and information from your case, if your case was dismissed, if you were found not guilty of a charge or charges, or if your case was no-billed by the grand jury.

  • This means that the grand jury did not choose to bring any charges against you.
  • In the event that you are awarded an expungement, the details of your case will be removed from all national and local criminal databases.
  • It is essential to be aware that under the law of Alabama, convictions do not qualify for the process of expungement.

Timeline In the state of Alabama, there are a few different time restrictions for filing for an expungement. You are eligible to apply for an expungement immediately away if the case against you for a misdemeanor or felony was dropped with prejudice, or if the court decided that you were not guilty.

If the charge against you was a misdemeanor and it was dropped without prejudice, you will have to wait two years before you may file another criminal complaint. During this period, you are not allowed to commit any new crimes. You will not be eligible to seek for an expungement for a period of five years if the charges against you in a criminal case were dropped without prejudice.

If you were given a deferred prosecution or if your case was dismissed through drug court or a diversion program, you are required to finish the program with the assistance of an expungement lawyer in Alabama and then wait one year before applying for an expungement.

If you received a deferred prosecution, your case was dismissed through drug court or a diversion program. The Fees Involved in Expungement When you apply for an expungement in the state of Alabama, you should be prepared to pay certain fees. In addition to the court charges of roughly $300, the administrative filing fee of $300, the price for certified records of $100, and the fee for your attorney’s services, the total cost will be $600.

Even though it takes some time and money to erase a record, it is well worth it to have a clean criminal history. The benefits that come with having a clean record much outweigh the costs. Advantages of Having a Record Expunged It may take some time to have your arrest and case record erased; nevertheless, the benefits of having a clean criminal record may far exceed both the time and price of going through the process of expungement.

How far back do background checks go in Alabama?

In Alabama, how far back do employers often look when conducting a background check? According to the Fair Credit Reporting Act (FCRA), the FCRA places a limit of seven years on the amount of time an employment background check can go back for occupations with annual salaries of less than $75,000.

Once the information has been in existence for more than seven years, it will no longer be reported as follows: Arrests that did not result in a conviction for the crime charged Lawsuits brought in a civil court Civil judgements Liens Bankruptcies Because of this exemption to the salary threshold, some sorts of information can be reported for jobs that pay $75,000 or more annually.

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The lookback time requirement of the FCRA does not apply to previous criminal convictions. In Alabama, felony convictions that have not been erased can be reported regardless of how long ago they occurred. The Fair Credit Reporting Act does not place any restrictions on an employer’s ability to inquire about an applicant’s previous job or educational history, regardless of the applicant’s age.

How long does expungement take in Alabama?

How much time does it take to get a criminal record expunged? – Two to four months is the rule of thumb, although there can be exceptions. A petition for expungement must be accompanied by certain certified records in order to be considered valid. It takes between two to four weeks, on average, to collect all of those documents.

Can you open carry in Alabama without a license?

The state of Alabama does not require a permit for open carry. Open carrying is permitted for anybody who is at least 18 years old and has the legal right to possess a handgun in their state. Schools and courthouses are examples of places that are off-limits to visitors. On the 10th of March in 2022, Governor

Can you carry a gun in your car without permit Alabama?

No person shall carry a pistol in any vehicle or concealed on or about his or her person without a permit issued under Section 13A-11-75(a)(1) or recognized under Section 13A-11-85, unless the person is on land that is under his or her control, in his or her own abode, or in his or her own fixed place of business.

Can a felon be around a person with a gun?

What Consequences Will Result from the Criminal Possession of a Firearm? – In most cases, convicted felons are not prohibited from associating with or being in the same physical vicinity as gun owners. However, things can get more difficult if the firearm in question is present or if the convicted felon shares a home with the person who legally possesses the firearm.

  • It is possible for a person who has been convicted of a felony to be judged guilty of “constructive possession” of a firearm in certain circumstances.
  • This is a possibility if the person who was previously convicted of a felony was aware that the handgun was present in the home or residence and had the capacity to keep custody of the weapon.

A person who has been convicted of a felony might be found guilty of constructive possession under certain conditions even though they have never actually handled the firearm. This can also occur in circumstances in which the firearm is transported in a vehicle like a car or truck.

A good illustration of this would be the scenario in which the individual borrowed an automobile with the knowledge that it carried a gun or was travelling in a car that held a gun. It is important to keep in mind that some regulations differentiate between a convicted criminal who has a gun and a convicted felon who owns a gun.

Because of this, the outcome of their criminal responsibility in these kinds of scenarios can be significantly altered. A convicted criminal who is found in possession of a firearm is guilty of an additional offense in and of themselves. Again, this mostly depends on the rules of the individual states, but the standard term is anything from one to three years in jail for the offense.

What is a full pardon in Alabama?

If the Board decides to award a pardon, it will also consider whether or not to reinstate any or all of the individual’s civil and political rights that were taken away as a result of the conviction. The Board has the ability to award a conditional pardon, which does not return any rights, or a complete pardon, which does restore all rights.

What is the sentence for possession of a firearm by a convicted felon in Alabama?

What are the Consequences of Being in Possession of Illegal Drugs? – A state permit is necessary for a person to be in compliance with the law and be able to carry a concealed firearm. In the absence of one, a person runs the risk of being prosecuted with a misdemeanor, which carries a maximum fine of $500 and a possible prison sentence of up to 6 months.

Shotguns or rifles that have been modified to look like walking canes are the only types of firearms that are specifically outlawed by the state of Alabama’s gun regulations. If you are caught in possession of a weapon like this, you might face a jail sentence of up to two years and a fine of up to one thousand dollars.

A federal conviction for being a convicted felon in possession of a firearm carries a potential sentence of ten years in prison and a fine of $250,000. This is the maximum penalty for the offense.