Quote:
|
Originally Posted by litlewolf2
Second this "restoration of rights" is already in effect. The law is 1st you have to complete your full sentence be it incarceration, probation, fines, classes, or what have you. Then in most states and federally a certain amount of years must pass after all these have been satisfied usually ranging from 5 to 10 years.
|
Where in the Federal law you are worried about does it say anything about a minimum time period having to pass before your rights can be restored?
Quote:
|
Third according to the Gun Control Act of 1968 a person can apply to get their rights restored. If that person is "not be likely to act in a manner dangerous" they can get their gun rights restored. This was appointed to the Attorney General who delegated it to the ATF. The ATF however has prohibited expending any funds to investigate these applications.
|
Wrong on multiple counts. First, the BATFE has
NOT prohibited spending any funds on restoration of civil rights. The Congress has specifically not provided any funding TO the BATFE for this purpose. Your beef is with the Congress, not with the BATFE.
Secondly, you were arrested, charged, convicted, and rights restored under state law. You are done. The BATFE -- even with funding -- cannot "restore" on a Federal level rights that were never -- on a Federal level -- taken away. You need a better lawyer. If what you have related is correct -- that your conviction was reduced from a felony to a misdemeanor and your civil rights have been restored -- then you can buy a gun. If your conviction was in state court, your restoration MUST occur in that state. The Feds don't need to duplicate the act of restoring the rights that your state already restored.
Quote:
|
Fourth the application process since the ATF has their policy in effect has been re-delegated to the president in which if you ask me is not appropriate use of the presidential office and the ATF should take on the responsibility they were given.
|
Nothing delegated to the BATFE has be "re-delegated" to the President.
Quote:
|
Fifth as far as my own charge goes it was a felony but was knocked down to a misdemeanor. It currently is classified as a misdemeanor but since it was a Felony initially it triggered the Gun Control Act and is still in effect despite the current status.
|
Wrong. As stated above, restoration of your rights by your state satisfies the Gun Control Act.