THE GUN LAWYER: Felony Expungement & Hunting

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  • Опубликовано: 17 ноя 2024

Комментарии • 119

  • @DavidMTheKrucifix
    @DavidMTheKrucifix 4 года назад +28

    Ok, here we go again educating the masses. If something is a RIGHT you can't loose it in the first place! In that, I hear so many saying "gun rights", if you can loose it or have it revoked or suspended, it is NOT a right, but a privilege given to you by someone else! The masses need make a to make a decision, either it's a RIGHT, in which it can't be taken away or hindered, or it's a privilege.
    Also, concerning the US Constitution and it's Second Amendment, please re-read it concerning the last part "... shall not be infringed".
    To educate you a bit more, so it is understood what the word means, here is the LEGAL defination of infringe "The encroachment, breach, or violation of a right, law, regulation, or contract."
    A convicted person, regardless of the crime, should after serving their sentence, not be construed as a lesser citizen. Felons and some misdemeanors revoke rights, if a "right" is revoked, it was NEVER a right but a privilege, simple as that.

    • @williamscloud26
      @williamscloud26 3 года назад

      Contact us if you have a criminal record and you wish to expunge it ... At cloudhacker24@gmail.com

    • @chrism.4600
      @chrism.4600 3 года назад +1

      I agree !

    • @Kap360
      @Kap360 3 года назад +2

      Absolute facts!!! I've been saying this for years the laws of this land are so hypocritical. We've given this government our employees so much power and control we dont know if were going or coming. If a person cant exercise there God given rights as American citizens and you deem them to be that dangerous they should never be released from prison until they can be trusted to exercise this right.

    • @Kap360
      @Kap360 3 года назад

      @@williamscloud26 Do you handle federal pardons?

    • @srg6532
      @srg6532 2 года назад

      If, after fulfilling the sentence by a white collar crime, nonrepeat, nonviolent felon, there should be cases brought before the Supreme Court to change that part of it once and for all. The felon should also not be hindered from the ability to fulfill the sentence also. There are too many government offices and other large corporations that are encouraged to discriminate against someone that has a single offense nonviolent felony. To permanently keep these people from their rights is infringement of their Constitutional rights.
      For others on here complaining about spending money for one simple question is BS. They WILL have several questions and want something for nothing.

  • @noconsentgiven
    @noconsentgiven 29 дней назад +1

    Thanks for the video❤! I have a question: Can you go to the gun range after an expungement??

  • @markdavid7161
    @markdavid7161 4 года назад +2

    Hello my name is mark, back when I was 18 I made friends with the wrong people and something happened and I was charged with a felony, I'm 37 now and have not had any further trouble, I served my time, pay my price , I'm not a bad person not a criminal, I had got into drugs, today I do not do drugs I pay my taxes and don't break the law, can I get my rights back or after a certain time did I get them back, thank you for your time.

  • @JohnnyRebKy
    @JohnnyRebKy Год назад +1

    I just had 2 felonies expunged in kentucky. They are supposed to report to all agencies that i have no felony conviction anymore. Plus if i personally get checked while carrying a gun my record comes back CLEAN.

    • @LaymanGamin
      @LaymanGamin Год назад

      I had one class d felony here in Kentucky back in 2011 it’s been 5 years after I completed my probation. Can I get my gun rights? I’m eligible for expungement. But does that give me my gun rights

    • @JohnnyRebKy
      @JohnnyRebKy Год назад

      @elplaga1830 Yep. I carry a gun every day now 🙂. They vacate and expunge your record. It's as if it never happened. You can't be charged with felon with a gun when you have no felony on your record. Your not a felon anymore. It even erased my mug shot and info from the county jail record. It's all completely gone

    • @MrJoker2112
      @MrJoker2112 2 месяца назад

      @@LaymanGamin I was just denied and had an expungement from 30 years ago removed in March.

  • @cliffthegodofwar
    @cliffthegodofwar 5 лет назад +1

    Oh yeah the charge is felonious driving the thing is the judge told me it would be expunged at the end of my probation but I was told that the law changed and it can no longer be expunged

  • @kiloalphatango3256
    @kiloalphatango3256 5 лет назад +2

    In the state of Ohio. Can someone not consent to being temporary disarmed during a Traffic stop or a foot?

  • @timdixon3391
    @timdixon3391 4 года назад +2

    Can a felon in Ohio own a cap and ball revolver? I looked up the Ohio revised code and as far as I can tell, the fact that it is black powder makes it a non firearm. What does the real life experience tell you? Please please answer.

    • @acmeoneconnect
      @acmeoneconnect 4 года назад +1

      Hey I was looking into this a few months back and from what I found black powder weapons or illegal for a felon to carry In ohio.

    • @deepprey2776
      @deepprey2776 2 года назад

      The federal law reads that it can’t have a frame or be able to be converted to fire cartridges. That knocks out everything but the single shot musket style

  • @chrisdykstra9890
    @chrisdykstra9890 3 года назад +1

    What about a dishonorable discharge, awol. I had medical issues and kept getting RTD. I ask my captain twice for a general discharge nothing came of that. Medicine and injections did not work so I turned to alchahol, needless to say I blacked out and did things I didn’t even know I was doing. I have been discharged since 2009 and here just a couple of years ago I had a 5000 dollar surgery and am in better health than I have ever been in. Can I appeal the decision due to medical negligence?

  • @Dave_2A
    @Dave_2A 2 года назад

    I have a non violent felony from NJ in 2013 haven't been in trouble since. I lived in Ohio now 2years... can I have my rights restored....

  • @TheOkieobrien
    @TheOkieobrien 4 года назад +1

    I live in VT , i have a class B Felony , its been 10 yrs , is it possible that i will ever be able to rifle hunt again ?

  • @El_Borrego_Negro
    @El_Borrego_Negro 4 года назад +1

    My rights have been restored and felony expunged, how would I fill out the atf background questionnaire about my criminal background... its my only conviction only time I've ever been in trouble

    • @jackreacher6811
      @jackreacher6811 4 года назад +8

      If it’s expunged. When it ask about felonies put “no”. If it’s expunged you are no longer a felon. Check with your states law enforcement. Not legal advice but personal experience with expungement and buying firearms. I received an expungement for a felony conviction in SC under YOA act. I was told by SLED if a charge is expunged not only am I no longer a felon but technically I never committed one. Bought multiple firearms and got my CWP in South Carolina no problem.

    • @joerandolph7206
      @joerandolph7206 4 года назад +1

      Jack Reacher how long after did you try to buy I got denied then a conditional proceed after 30 days you have to try again what gun store said

    • @jackreacher6811
      @jackreacher6811 4 года назад +2

      Joe Randolh I waited roughly 30 days after the expungement (for the FBI to follow what my state had decided ) pulled an official background check on myself for me it was a SLED background check. I saw my felony had been removed and the section that Said “prohibited from owning firearms “ said “no”. So however long it take the FBI to update their records. I’ve heard they do it on a monthly basis.

    • @SR-wz2iv
      @SR-wz2iv 3 года назад +1

      921(a)(20) defines what a conviction is. If your rights have been restored you are not considered "convicted"

  • @phillipthompson7392
    @phillipthompson7392 3 года назад +6

    Well Derek I just called your office at 1:30 pm 12/29/20 to ask one simple question in regards to a misdemeanor Domestic Violence that happened 25 years ago regarding my runaway teenage age daughter at that time. But I guess to ask a simple question it's going to cost me $200.00 to see if I'm even going to use your services. This just lost you a customer.

    • @johnboy9685
      @johnboy9685 2 года назад

      I called to ask if I was eligible bc I’ve got more than one felony conviction and was told the same thing. More than willing to pay the fee if I’m eligible. But I’m not payin 200.00 dollars if the answer is no.

    • @sacareapyro6326
      @sacareapyro6326 Год назад

      if you have a domestic violence conviction you are fkt for life from having guns ill jump in and save you the trouble

    • @nochurchinthewild1
      @nochurchinthewild1 10 дней назад

      Did everything work out bud? I'm in the same boat..well over 25 years

  • @SuperDiesel71
    @SuperDiesel71 5 лет назад +1

    Waiting on my record to be sealed. They said it could take 6 months. Common?

  • @mindakota1
    @mindakota1 3 года назад

    Do you have an office in Iowa? Whom would you suggest?

  • @keepitreal2150
    @keepitreal2150 3 года назад +1

    Is it a felony if you were sentenced to less than a year?

    • @dswish1730
      @dswish1730 3 года назад

      If you served less than a year?Im pretty sure you still have all your rights.Just don’t ask Biden.

  • @matthewpowell4554
    @matthewpowell4554 4 месяца назад

    I paid a lawyer in indidna to have my d felony dropped to a misdemeanor I want my gun rights back he suggested we have the felony dropped to a misdemeanor m I gonna be able to purchase a gun? It's non a violent crime

  • @d.j.9961
    @d.j.9961 2 года назад

    I have a question regarding a fellow youtuber out of Texas with a misdemeanor charge of domestic violence. (Over a supposed argument-I believe) Can he ever regain his 2a right besides using black powder firearms? If so, What is the process?

  • @ohiotim7099
    @ohiotim7099 2 года назад

    So. I got my records sealed. Does that not automatically restore my rights? Do I need to file to restore my rights?? Or how would I find out? Thanks

    • @ohiotim7099
      @ohiotim7099 2 года назад

      Went I sealed my records with the courts. I was told that it restored my rights. So I don’t know now. After watching your videos

    • @Nick_B_Bad
      @Nick_B_Bad Год назад

      @@ohiotim7099 I did my record sealing hearing 3 years ago. 7 months after that I applied for and received an 03 C&R ffl from the atf.

  • @jacklanham6150
    @jacklanham6150 3 года назад

    How can I send you an e mail? Does the constitutional carry law in texas help me?

  • @m.a.pranks5658
    @m.a.pranks5658 5 лет назад

    Hello gun lawyer is one able to apply for a firearm if he is a previous medical marijuana cardholder and will it delay the application process since the person was a previous holder? No surrender the card back to the health department.??

  • @armedarchangel9567
    @armedarchangel9567 5 лет назад

    Even if you get a felony expunged and your state restores your right, you still have to restore your right with the ATF to avoid getting arrested for felony firearm charge, am I correct?

    • @SSolo87
      @SSolo87 3 года назад

      I don't think so? If initially denied, then perhaps at last resort. A few things first before getting to your question. NOTE: I am only referring to Ohio but The CCW application found on the Ohio Attorney General's website states that if charges were sealed and expunged you may treat the conviction if it had never occurred. The Ohio CCW law handbook also states, "The sheriff shall not consider the conviction, guilty plea, or adjudication of an applicant’s sealed records even if those sealed convictions would otherwise disqualify from obtaining a permit."

    • @SSolo87
      @SSolo87 3 года назад +1

      I confirmed this by calling my local sheriffs office last friday. The clerk said quote for quote, "Yeah if you had records sealed we can't hold it against you so, you would answer no to all questions."

    • @SSolo87
      @SSolo87 3 года назад

      Now, I am not an attorney but to your question the ATF site states the following: Is an individual who has been pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored, considered convicted of a misdemeanor crime of domestic violence?
      "No, as long as the pardon, expungement or restoration does not expressly provide that the person may not ship, transport, possess or receive firearms. A restoration of civil rights, however, is only effective to remove the federal firearms disability if the law of the jurisdiction provides for the loss of civil rights for a conviction of such a misdemeanor. [18 U.S.C. 921(a)(33); 27 CFR 478.11]"

    • @SSolo87
      @SSolo87 3 года назад +1

      So, basically if your sealed/expunged paperwork (in Ohio at least) specifically says all rights are restored EXCEPT transportation, shipment and possession or receive firearms. If this were the case then maybe you would have to fill out the form provided on the ATF's website. Another user above in this thread has told me to answer no on the app. I am now just waiting to get in to a sheriffs office.

    • @Kap360
      @Kap360 3 года назад

      Not true

  • @MisplacedHillbilly
    @MisplacedHillbilly 5 лет назад +1

    As far as hunting goes, could you still hunt with a bow even with a firearm restrictions in Ohio?

    • @rustyshackleford81
      @rustyshackleford81 5 лет назад

      Muzzleloaders and black powder are fair game last I heard.

    • @RedneckHillbilly-ho9md
      @RedneckHillbilly-ho9md 5 лет назад +2

      Misplacehillbilly a bow and arrow is not a firearm.

    • @RedneckHillbilly-ho9md
      @RedneckHillbilly-ho9md 5 лет назад +3

      Tyler Moore I know there is no background check or registration of blackpowder guns I didn't even have to show ID, but I don't know if they are off limits for a felon or not. I mean technically they are still firearms but maybe it has to be cartridge all on one ammo to be considered a firearm by the feds, don't know for sure. Now come to think of it I do remember watching a video here on RUclips it's a guy who is a felon by some Bullshit Charges (yeah I know imagine that huh) and he does a video on how he carries an old cap and ball revolver just like Wild Bill Hickock was famous for because it is not illegal for felons, again that's what he said I have never looked into it because I'm not a felon. But my god if they are able to get away with these Unconstitutional Bullshit Red Flag Laws there will be ALOT of people carrying Old Wild Bill's 6 Shooters!

    • @MisplacedHillbilly
      @MisplacedHillbilly 5 лет назад

      1776 Style PATRIOT yes, I’m very aware, but just double checking the languages these politicians love changing on late Friday night and not changing it to deadly weapon or just weapon. Bowsvare weapions. They were in existance since fire guns. And you still can be charged for having a knife on your person as a felon. So, was it really a dumb question?

    • @RedneckHillbilly-ho9md
      @RedneckHillbilly-ho9md 5 лет назад

      Misplacehillbilly nobody said anything was a dumb question and I'd like to know how the hell a felon can get arrested for having a knife! I don't believe that one bit!

  • @jamesvick9343
    @jamesvick9343 Год назад

    What's the number to your office I live in KY and would like to hire have my record sponged or sealed so I can hunt and feed my family again

  • @surplusdoctor
    @surplusdoctor 4 года назад

    If you have been to federal priso. Decades ago, can your right to oan a gun be restored?

    • @johnwest5008
      @johnwest5008 4 года назад

      You have to get your record sealed

  • @heckinwhitedeville2696
    @heckinwhitedeville2696 5 лет назад

    I was told by my local sheriff department that a bow is illegal for a felon to hunt with is this true??? I got told I'm looking at weapons under disability.

    • @TheCrain
      @TheCrain 5 лет назад +1

      A potato gun is illegal for a felon to possess.

    • @stachiapadilla3825
      @stachiapadilla3825 4 года назад

      It is legal to hunt with a bow whether felon or not

    • @Samanthaf420
      @Samanthaf420 4 года назад

      As long as ya not shooting explosive tip broadhead ur good brother!

    • @phil7574
      @phil7574 4 года назад +1

      Felons may hunt with Air guns, recurve, compound, and crossbows. Felons may NOT hunt with muzzleloaders, single shot, lever action, automatic, semiautomatic, bolt action, break barrel, or any other weapon that uses an explosion or electrical discharge to propel a projectile. That is the law in Georgia.

  • @jeffarthur322
    @jeffarthur322 5 лет назад

    Can a cch holder from Ohio legally travel through Illinois with a loaded hand gun. Not on person but in vehicle. My book of 50 state gun laws leads me to believe its legal ( not Chicago)

  • @gordontruebloodjr.1228
    @gordontruebloodjr.1228 4 года назад

    How can people get a hold of you guys

  • @francispressly8517
    @francispressly8517 3 года назад

    This is all very confusing for anyone reading piecemeal bits from here and there and no one in authority will give you direction or advice. Different agencies even different lawyers have different opinions. I have two armed robberies with associated gun charges. One was in SC, the other in Virginia. I had fourteen felonies in total. I had NO FEDERAL CHARGES. I have received a full pardon from SC. In Virginia the process is more drawn out. First you have to wait a certain number of years after getting off parole and probation (in SC and VA it's five years). Then you apply to the governor's office for a "restoration of rights" and after a nine month investigation they will either confirm or deny your restoration (this restores your civil rights to vote, be a notary, hold public office, serve on a jury, etc.). Then if you want your gun rights restored, you have to petition the Court you were convicted and sentenced in. The Court will schedule court time, perform it's own investigation and decide, with input from the State's attorney, if you should have your gun rights restored. All of that takes about eighteen months and I had my gun rights restored. THEN... I had to apply to the Governor of Virginia for what Virginia calls a "simple pardon" (opposed to an "actual innocence" pardon where you can prove your innocence). You have to have your civil rights AND gun rights restored before you can apply for the simple pardon. The simple pardon took a two year investigation; but, I was subsequently granted a pardon in Virginia. Every State is different so you just have to research the jurisdictions that affect you. Someone convicted of a Federal crime would have to pursue a pardon with the President of the United States. Forget expungement...just forget about it if you have any felonies and plead guilty or were convicted in a trial. Unless you have a very limited scope of a crime (misdemeanor possession of marijuana) or are found not guilty or your charge was nolle prosequi, expungement is an adjudicatory action seldom given. It is spelled out by law the limited circumstances it can be granted (and it usually involves pretrial intervention programs). The only felonies I have ever seen expungements granted for is if they were found not guilty or the State decided not to prosecute (nolle prosequi).
    That doesn't mean lawyers won't take your money to represent you. They know if expungement is available when they talk to you in the first 30 minutes. They also know however, the laws are so complicated and counter-intuitive the average person is lost. Expungement requires interacting with a judge in a court, which most people are uncomfortable with and may need an attorney just to advise procedurally what to do. A pardon application is like filling out a job application. Getting copies of your record from your State police or email the Clerk of Court in the jurisdiction you were convicted and they may send you digital copies. Get three of the best people references you can.
    Now as far as the bit about the ATF/Attorney Generals office not appropriating money to fund paying people to look at requests sent to ATF/Attorney General's office regarding removing disabilities. This is a little misleading. No where in the laws or Rules does it say ATF/Attorney General has any say/control over resolving disabilities. They will not help or facilitate regaining your firearm rights; however, look at it like there is no one there to HINDER you either. So making sure the FBI receives notice from the Office of the POTUS when you are pardoned is on you. Make sure it happens.
    When you are convicted in State or Federal Court of a crime carrying more than i year in prison you gain a "disability." If you have a disability showing on NCIC (which is controlled and managed by the FBI) you cannot legally own a gun or ammunition. The FBI is the holder/disseminator of your record and associated disabilities. State authorities submit convictions and commitments orders to NCIC as well as pardons and/or restorations of civil and gun rights. When the State sends a pardon or restoration of rights notification to the FBI and it is entered as a notation on your NCIC report IT AUTOMATICALLY REMOVES ANY DISABILITIES YOU HAVE RELATED TO THAT CRIME (and the law reads if you have been pardoned or your rights restored it is as though you have never been convicted of that crime, as far as disabilities are concerned). Once the FBI notates your NCIC that you have been pardoned, that is all it takes and you are legal to own a firearm. For background checks to purchase firearms the authorities rely on information in NCIC. Now if you have more than one crime, put all of them (back to when you turned 18) on your pardon petition. Wipe the slate clean. Doesn't take a minute more of your time or cost an additional penny. Yeah a pardon is the way to go and the longer it has been since your crime and keeping a spotless record helps.. You don't need a lawyer. It just takes a little bit of time. The fee in SC was $100. I don't recall there being any fee in Virginia.
    I am now free and clear of all disabilities. I have conferred with the FBI clarifying my status as a lawful gun owner. I have spoken at length with SLED authorities (SC FBI) and went through an appeal process to demonstrate to them how my disabilities have been wiped by pardons. I have been issued a CWP by SLED and an FFL by the ATF. The key is getting the convicting authorities who sent your information in to NCIC to start with, to contact the FBI and update your pardon or restoration of rights. The jurisdiction that filed your disability is the only one who can rescind it.
    Now if you are a Federal convict and go for a Presidential pardon the part about the ATF/Attorney General not funding manpower to assist, comes into play. If you are pardoned it would be the Attorney General's Office that would inform the FBI (or not - they won't) your disabilities have been resolved. They won't, as they say they have not funded the personnel to handle it. You had the POTUS office directly inform the FBI of your Federal pardon to get around that.
    Now there is one tricky part to this. When I had my civil rights restored and then my gun rights restored in Virginia. I thought I was good. Well you are...in Virginia. However, in most of the other 50 States it is written into their Constitutions to recognize a pardon only as the means to relieve a disability (not court orders and proclamations from the Secretary of States Office). These new processes of restoring civil and gun rights in some States is not recognized by other States whose Constitution only recognizes pardons to remove your disabilities. Between the time when I had my civil and gun rights restored and received my "simple pardon" in Virginia, I did not conceal carry outside my home State of SC. I did not want to test the system of another State and how they felt about restoration of rights vs. a pardon. Too much gray area there. I am being told that people are regularly being arrested in some States for concealed carry, without a pardon to absolve the disability. So if you do not have an outright pardon, I would tread carefully and make a plan to get one.

  • @EricCarter99
    @EricCarter99 4 года назад

    I'm wanting to get my ccw I live in Clermont county Ohio back in 2005 I was charged with domestic violence . I took a plea deal to disorderly conduct. I read a paper that said if I was charged with that and took the deal that I still can not get my ccw . Is there something I can do like get my records sealed . What are the steps I would need to take

    • @billdiamonds4583
      @billdiamonds4583 4 года назад +1

      If you get the record sealed all rights are restored.

    • @SSolo87
      @SSolo87 4 года назад

      ​@@billdiamonds4583 Are you 110% positive? I just had two charges sealed after 12 years. I read that Law Enforcement/Federal Government can still see the record since expungement doesn't necessarily exist in Ohio. If Law Enforcement/Feds can see it after it's sealed, won't this come up on federal background check?

    • @billdiamonds4583
      @billdiamonds4583 4 года назад +1

      @@SSolo87 Once it's sealed your good to go. Just answer no to all questions about your background and your good. I had the exact same charge.

    • @SSolo87
      @SSolo87 4 года назад

      @@billdiamonds4583 That's good to know! I'm surprised the FBI did not flag it

  • @sherodamirbey78
    @sherodamirbey78 4 года назад

    Do you practice in NC........??

  • @sacareapyro6326
    @sacareapyro6326 Год назад

    domestic violence is one of the only misdemeanor charges that carries a lifetime prohibition from guns ur fkt for life if you have that on your record regardless if it's a misdemeanor that happened 100yrs ago

  • @cliffthegodofwar
    @cliffthegodofwar 5 лет назад +1

    I need to get my felony expunged here in Detroit Michigan but I have a problem I need $2,200 to get a lawyer to file my case for me and I don't have that kind of money is there anyway I can do this myself without a lawyer

  • @YasilTorvanna
    @YasilTorvanna 5 лет назад +1

    "Our suggestion to you is reach out to us"*
    *For a small consultation fee

  • @ThereMVP
    @ThereMVP 4 года назад

    I live in Missouri can you help me

  • @hardfighterspress5254
    @hardfighterspress5254 3 года назад

    I’m in Wisconsin can u help me

  • @jimmywilliams9273
    @jimmywilliams9273 3 года назад

    Hi my name is Williams and I’m trying to get my fishing license back I owe back child support my kids are grown I’m paying my rears out of my check why I can’t Hunt or fish

  • @cmacnnm1978
    @cmacnnm1978 6 месяцев назад

    I reaching out I have no help from California my life is in ruins

  • @skinnywaterboys6108
    @skinnywaterboys6108 Год назад

    2nd amendment??????

  • @louisjordan4702
    @louisjordan4702 4 месяца назад

    to the guy speaking, speak plane English. Stop speaking legalese and speak in plane English.