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Getting M1 Charge Expunged Or Downgraded To Restore Right To Own Firearm

Criminal Law Discussion Forum

Getting M1 Charge Expunged Or Downgraded To Restore Right To Own Firearm

Postby Fortune » Thu Nov 24, 2016 12:22 pm

I am in the process of trying to help my father restore his 2nd amendment right. Here is the shortest version of the story:

in 1988-1991, my father was working for Harrison Explosive company; through a tip, the ATF raided the company, and everyone from the laborers/blasters(including my father) to the secretary to the owners were charged with a miscellany of felony/misdemeanor charges; it had to do with the company charging customers for an expensive agent but giving cheaper agent. Anyway, the workers pled guilty to a misdemeanor 1 and 2 in exchange for the felony charges being dropped; their blasting licenses and right to own guns was restored at that time. However, I believe since 1995, the federal govt now looks at M1 as a felony. So my father was able to own firearms until he found out he was not legally permitted to when he went to buy a gun. Apparently, they retroactively revoked his right to possess guns due to this new federal law. Northampton County in Pennsylvania seems like they may not even consider expunging the M1 charge or gratnt relief.

Anything we should be doing now or any further insight that may be helpful in our case?

Thank you so much for any help you can give us. My father is an avid hunter, former competition shooter; ironically he is still a blaster and has been cleared by the BATFE to be in control in thousands of pounds of explosives, but the law says he cannot have a rifle!

I just want to see his quality of life improved, see him be able to go hunting.
Fortune
 
Posts: 33
Joined: Sun Feb 23, 2014 6:48 pm

Getting M1 Charge Expunged Or Downgraded To Restore Right To Own Firearm

Postby Gustav » Fri Nov 25, 2016 3:28 am

The state of Pa. can not expunge any conviction you received in Federal court.  Also, if your conviction was turned into a Felony then you are banned from firarms possession or if you have a misdemeanor crime of Domestic Violence.  As far as I know any other misdemeanors are not grounds for firearm restrictions, although; you may have to first receive a firearm permit before you can pass a NICS check.  Some local Governments may ban firearm possession for certain crimes in their state only, even though the Federal Gov't may not.  

Good Luck
Gustav
 
Posts: 47
Joined: Fri Feb 14, 2014 10:54 am

Getting M1 Charge Expunged Or Downgraded To Restore Right To Own Firearm

Postby Seward » Sat Nov 26, 2016 6:08 am

I am in the process of trying to help my father restore his 2nd amendment right. Here is the shortest version of the story:

in 1988-1991, my father was working for Harrison Explosive company; through a tip, the ATF raided the company, and everyone from the laborers/blasters(including my father) to the secretary to the owners were charged with a miscellany of felony/misdemeanor charges; it had to do with the company charging customers for an expensive agent but giving cheaper agent. Anyway, the workers pled guilty to a misdemeanor 1 and 2 in exchange for the felony charges being dropped; their blasting licenses and right to own guns was restored at that time. However, I believe since 1995, the federal govt now looks at M1 as a felony. So my father was able to own firearms until he found out he was not legally permitted to when he went to buy a gun. Apparently, they retroactively revoked his right to possess guns due to this new federal law. Northampton County in Pennsylvania seems like they may not even consider expunging the M1 charge or gratnt relief.

Anything we should be doing now or any further insight that may be helpful in our case?

Thank you so much for any help you can give us. My father is an avid hunter, former competition shooter; ironically he is still a blaster and has been cleared by the BATFE to be in control in thousands of pounds of explosives, but the law says he cannot have a rifle!

I just want to see his quality of life improved, see him be able to go hunting.
Seward
 
Posts: 45
Joined: Fri Feb 07, 2014 9:18 am


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