Learn more about Restoration of Rights

Under 18 USC Sec. 921 et seq, a felony conviction does not prevent you from possessing a firearm, if your civil rights have been restored, or your conviction has been vacated or set aside. Typically, and with few exceptions, a misdemeanor conviction for Domestic Violence (MDV) under state law, will prohibit you from knowingly possessing a firearm under federal law. This is the Lautenberg Amendment (Title 18 USC Sec. 922(g)(9)).

The qualifying event must have as an element of the criminal conviction, the use or attempted use of physical force or the threatened use of a deadly weapon. In simple terms, Domestic Violence Disorderly Conduct or Domestic Violence Criminal Damage is potentially NOT a qualifying event to trigger a federal ban on the rights of an individual to possess a firearm. Further, if any of your due process rights were violated in the conviction itself, such as the right to a trial by jury, if applicable, or a defendant’s right to counsel, then the conviction again is not a qualifying event.

Restoration of civil rights, including the right to possess a firearm, is a complex legal process that involves navigating both state and federal laws. At Chuck Franklin Law, we have extensive experience helping clients restore their civil rights after a conviction. Our legal team will guide you through the process and ensure that all necessary steps are taken to restore your rights.

Why Restoration of Rights is Important

Restoring your civil rights can significantly impact your life. It can improve your employment opportunities, allow you to possess firearms legally, and help you regain your standing in the community. The process of restoring your rights can be intricate and requires a thorough understanding of the law.

Experienced Restoration of Rights Attorneys

At Chuck Franklin Law, we have been practicing criminal defense and personal injury law locally in the Phoenix area since 1987. Our experienced attorneys understand the intricacies of restoring civil rights and will work diligently to help you regain your rights. Don’t navigate this complex process alone; let our team provide the legal expertise you need to succeed.