It is highly recommended that you hire an experienced defense attorney with a proven track record for dealing with weapons charges. The sooner you consult with a lawyer, the better. While there are many criminal attorneys in Illinois, very few have a track record of defending gun charges or a passion for gun owner’s rights.
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The Illinois Supreme Court has recently reached a decision in Evans v Cook County State’s Attorney, holding that the Illinois firearm restoration process, underlined in Section 10 (c) of the Firearm Owners Identification (FOID) Act, is capable of restoring a petitioner’s firearm rights under both state and federal law!
But with an experienced gun rights lawyer, you can restore your rights. Thankfully, at Findley & Rogers, our lawyers for restoring gun rights can help you regain your firearm rights.
Nonviolent felons, on the other hand, immediately regain their firearm rights when they finish the sentence and get out of prison. In fact, felons don’t even need to file a request or an appeal with the state. Arizona, Ohio, and West Virginia are similarly lenient with nonviolent felons.
Former inmates should keep in mind that state laws largely influence their gun rights. That is to say, some jurisdictions are lenient, particularly towards first-time offenders and nonviolent criminals. At the same time, other states may impose harsh penalties and firearm restrictions, even after release.
The Illinois Supreme Court ruled that if a convicted felon can establish the requirements of Section 10(c)(1)-(3), they have their civil rights restored and may be granted a FOID.
Unfortunately, you cannot currently restore your firearm rights in Illinois. In order to petition to restore your rights, you must first be denied an Illinois Firearm Owner Identification Card (FOID Card). You must be a resident of Illinois to apply for a FOID Card.
Expungement, record sealing, and juvenile expungement do not restore firearm rights, but successfully petitioning for relief to obtain a FOID (firearm owner's identification card) does restore these rights.
How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee. Filing fees vary from county to county and may be obtained from the appropriate Circuit Clerk.
The process to receive Executive Clemency or Pardon in Illinois is very lengthy. The process takes at least 12 months, although they generally take several years. Each case is different and the Prisoner Review Board and Governor have complete discretion over the process.
If you have a non-forcible felony, like retail theft, your FOID application may not be denied. Your application might be denied if you have a low level felony conviction. For example, a felony Class 4 conviction for possession of a controlled substance.
Under Illinois law: “It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business… any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.”
It literally disappears, because when a judge agrees to your expungement petition, the agencies that have copies of your record must destroy them or return them to you. With a clear criminal record, you're eligible to apply for an Illinois Firearm Owner's Identification card, or FOID card.
about six monthsAfter the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.
If you cannot afford the Circuit Clerk Filing Fee or the Illinois State Police Processing Fee, you can ask the court to waive them. You can find a fee waiver form, which can be used to waive fees in expungement and sealing cases, at: illinoiscourts.gov/forms/approved.
Most misdemeanor and felony convictions qualify for sealing in Illinois, but some—including driving under the influence, domestic battery, animal care crimes, and most sex offenses—do not.
What Felonies Can Be Sealed in Illinois?Sex offenses.Violent crimes.Domestic violence crimes (including assault, violation of an order of protection, domestic battery, aggravated battery, aggravated assault and aggravated domestic battery)Gun crimes.Drunk driving crimes.
If you lost your rights as a result of a felony, you must wait for at least five years without any convictions of any sort before you are eligible to restore your firearm rights. This does not need to be the most recent five years, but must be after your felony conviction.
In the State of Washington, felony convictions and some misdemeanors can result in the loss of your right to possess, carry, or control a firearm.
The Benefits of Restoring Your Rights. Restoring your gun rights with the help of a Findley & Rogers gun rights lawyer means you can: When your firearm rights have been revoked, it is possible to get a felony conviction just for being in the same room with a gun even if it is owned by someone else.
Thankfully, at Findley & Rogers, our lawyers for restoring gun rights can help you regain your firearm rights. If you have an old conviction that took away your right to carry, the gun rights attorneys at Findley & Rogers can help guide you through the process of getting those rights back, beginning with your free consultation.
When your firearm rights have been revoked, it is possible to get a felony conviction just for being in the same room with a gun even if it is owned by someone else. This is why you need an experienced gun rights lawyer to help you regain your firearm rights.
At Findley & Rogers, our team of gun rights restoration lawyers can help you protect yourself from legal risks like these. Our lawyers for restoring gun rights will help you navigate the legal system and make sure your paperwork is in order.
A gun rights lawyer can’t help you restore your rights if you’re facing new charges. You are not the subject of a restraining order.
An expungement removes the felony charge from your criminal record all together. This is important because it gives you back your gun rights and makes it easier to find employment, housing, and a loan/credit card . Only first-time felons are eligible for an expungement.
In some states, you can still purchase a gun even if you have a felony on your record. Others require felons to wait a few years, usually between five and ten, before their firearm rights are restored.
Four Ways to Restore Your Gun Rights. To legally own a firearm, you could either expunge your felony, appeal the ban, restore your civil rights, or obtain a pardon. On the federal level, regaining your rights via restoration isn’t an option. The two main routes are through an expungement or a presidential pardon.
The National Crime Information Center (NCIC) oversees who can and can’t buy a gun. Since the NCIC is part of the FBI, they collect people’s criminal records and conduct background checks to determine who is eligible to own a firearm. Because of this, felons may contact the NCIC to appeal erroneous information. For instance, the state police arrested a suspect on DUI charges, but the court dismissed the case and found the defendant to be innocent. However, the court’s decision doesn’t immediately get updated. To put it another way, the accused’s criminal record may still indicate that they’re facing OVI charges.
The Fifth and Fourteenth Amendments protect you before, during, and after the trial. If any of these rights are violated, the case against you will be dismissed. Subsequently, so will any prohibitions on your right to buy a gun. Firstly, police officers need to obtain a warrant to search your belongings.
To put it another way, all felons cannot own a firearm because of this provision. Secondly, if you commit a violent misdemeanor offense, the Gun Control Act also prohibits you from possessing a gun. Thirdly, several prohibitions, such as drug addiction, limit (or abolish) your Second Amendment rights.
Arizona, Ohio, and West Virginia are similarly lenient with nonviolent felons. That is to say, only those who committed serious crimes will lose the ability to buy a gun in the said three states. Montana, on the other hand, doesn’t set any weapons restrictions on felons. Instead, county and municipal governments handle these issues in the Big Sky Country.