Legal Question in Civil Rights Law in California

2nd admenment rights

felon with expunged felony , wants all his rights back,served county not state time,never lost the right to vote.would like to legally own firearm


Asked on 7/21/08, 10:05 am

2 Answers from Attorneys

Paul Malikowski Malikowski Law Offices, Ltd.

Re: 2nd admenment rights

According to the Nevada Board of Pardons Commissioners, a pardon is the only instrument available to restore one's right to bear arms in Nevada.

The Nevada Statute Reads (NRS 202.360(1)):

A person shall not own or have in his possession or under his custody or control any firearm if he:

(a) Has been convicted of a felony in this or any other state, or in any political subdivision thereof, or of a felony in violation of the laws of the United States of America, unless he has received a pardon and the pardon does not restrict his right to bear arms;

(b) Is a fugitive from justice; or

(c) Is an unlawful user of, or addicted to, any controlled substance.

A person who violates the provisions of this subsection is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.

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Answered on 7/21/08, 7:16 pm
Terry A. Nelson Nelson & Lawless

Re: 2nd admenment rights

If you are talking about a California conviction, and IF you were not sentenced to any prison time, and IF the crime was not sex or violence based, you MAY be able to get your rights restored by the CA court. If you think you qualify, feel free to contact me to discuss the facts and costs of filing the appropriate motion in a SoCal court.

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Answered on 7/21/08, 7:38 pm


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