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Old May 12, 2012, 09:19 PM   #3
Aguila Blanca
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Join Date: September 25, 2008
Location: CONUS
Posts: 6,487
Quote:
Originally Posted by Chok3Cha1n
Also when it comes to owning a firearms the Federal Government looks to the STATE to see if you can legally own a firearm. I have heard stories that say "Well if you were convicted of a felony, you may get your state rights back but you'll never be able to own a gun under Federal law." This is simply not true for two reasons:

1. The Feds look to the STATE to determine your rights. I was given my rights back so since Kansas says I can buy a gun, the Feds wont deny me.
2. My charges were under a district court, not a Federal court.
You have oversimplified just a bit. In fact, the last part that I quoted, in bold, is the key.

If you are convicted in a state court of a state felony, then it is up to the state to restore your rights (or not). In general, the Feds will go along with that, but there was a flap a couple or three years ago where the BATFE was disputing restorations of rights by one of the western states (Wyoming, maybe?) because they (the BATFE boys) didn't like the language in the restoration law, or some similar bovine meadow muffins.

You can also be charged and convicted of various felonies under Federal law, in Federal court, and if you are convicted of a Federal felony NO state can restore your rights.
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