How You Can Restore Gun Ownership Rights After A Criminal Conviction
While the Second Amendment asserts the right to bear arms, those rights can be lost if you’ve been convicted of certain crimes. Thankfully, it is possible to have your rights restored if you are willing and able to meet certain conditions.
Restoration is not automatic. It requires petitioning the court, and this is best done with the help of an attorney. When you call Sheeley Law, P.C., located in Fargo, you’ll have an advocate who knows the state’s legal system and will help you present a strong argument for why you deserve to have your rights restored.
Convictions Leading To Loss Of Gun Ownership Rights
In North Dakota, your gun ownership rights can be revoked after being convicted of any felony (in North Dakota or elsewhere). You may also be barred from possessing a gun after being convicted of a class A misdemeanor offense that involved violence or intimidation and was committed while in possession of a firearm, explosive device or other dangerous weapon.
Getting Your Gun Rights Back: What Conditions Must Be Met?
If your rights were taken away due to a felony conviction, the petition needs to be filed with a court in the county where the offense occurred (if in North Dakota). For offenses that occurred outside the state or under federal jurisdiction, the petition needs to be filed at a court in the county where you live.
When applying to the court to restore your gun rights, you must demonstrate with “clear and convincing evidence” that you have met four criteria. They are:
- You have paid all fines associated with the original offense.
- You have served the necessary jail or prison sentence imposed for the original conviction.
- You have successfully completed probation or parole related to the original offense.
- Your record and reputation suggest that you are unlikely to act dangerously and threaten the safety of others.
Why You Should Work With An Experienced Attorney
You could try to petition the court by yourself. But in doing so, many people find their case is delayed or their petition is denied because of inaccurate paperwork or failure to follow procedure. If restoring your gun ownership rights is important to you, why not invest in the services of an experienced lawyer who can help you present the strongest argument to the court?
Contact The Firm To Discuss Your Legal Options In A Free Consultation
Sheeley Law, P.C., is based in Fargo, North Dakota, and serves clients throughout the area. To discuss available options to restore your gun ownership rights, call me at 701-297-2262. You can also send me an email.