Legal Question in Civil Rights Law in District of Columbia

If you have your rights (specifically gun rights) legally reinstated by a court in one state, is it legal in all other states? I had mine reinstated in 1978 and still have the certificate from the court. I purchased firearms in the past without issue in that state however, I just recently attempted to purchase a firearm in the state I live in now and was denied. I was told the clerk did an ATF background check and that was where it was denied. I was told by my attorney then that all my rights were reinstated and that when purchasing a firearm to answer any question regarding a conviction as NO. I read online that reinstatement of rights expunges the conviction???

Asked on 11/19/16, 5:55 pm

1 Answer from Attorneys

Sean Hanover Hanover Law

Reinstatement of rights does NOT expunge convictions. Traditionally, the term "reinstate rights" deals with your right to vote and/or hold office once convicted of a felony. It has expanded to include the right to receive federal loans, state support, passports, etc. Although the "right to bear arms" would seem to logically fight in this framework, it does not. You would need to have the underlying charge vacated, dismissed, or expunged in order to clear that hurdle. I would be glad to chat further with you about this, if you like! You can contact us at 1-800-579-9864 or email at [email protected]

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Answered on 11/20/16, 5:26 am

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