A questions about "white collar" felonies and purchasing guns.

[KG1]

It's a procharged 2011 CS/GT.

Mods:
D1Sc procharger 11 lbs of boost
American racing long tubes
Catted x
Steeda axle back
Steeda short throw shifter
Boss intake

And fuel supporting mods like pump and injectors. I'll post pictures tomorrow.

Har har. You're quite the comedian.

See, I was right.

@ 700HPGT. That sounds quite impressive. Looking forward to seeing the pics.

 

[Bill of Rights]

Not to rain on anyones parade but..IANAL and IIRC
I do not think the individual will be allowed to purchase a firearm. It seems by the limited data available, the brother will be given AMS or Alternative Misdemeanor Sentencing. This allows the state to originally sentence a person to a felony but after completion of time, probation, rehab or what have you then the individual can petition the court to reduce the sentence to a misdemeanor.
But, since the original crime generated a felony conviction with the possible sentence of more than a year in jail I would beleive that Federally he would NOT be able to purchase a firearm. Look at ATF form 4473 section 11c.

I thought it was called "post-conviction relief", meaning he served his full sentence for the felony and has shown good and lawful behavior following his sentence and now petitions for the crime to be called a misdemeanor in the eyes of the law. Such actions have allowed others to again lawfully exercise their rights, and may for him as well. These, however, would obviously be questions for his attorney, who is actually familiar with his case. I would be unsurprised at either outcome, however I think the correct (not necessarily affordable) action would be to push for his ability to lawfully exercise all of his rights to be restored.

OP, he did right, IMHO, in not attempting to buy a gun prior to the change in his legal status. Had he been denied, not only would it probably have been a crime (of which there was a record,) it would also have been one more statistic that the Bradys would have used wherein "another 'dangerous felon' had been prevented from buying a gun" by that travesty of an unConstitutional law. Never mind that the real "dangerous felons" aren't prevented from buying guns, they're just prevented from buying them legally.

Good luck to him. Please let us know when all this is done and let us know what he goes out and legally buys.

Blessings,
Bill

 

[target64]

Post-Conviction Relief

Post-conviction relief refers to the act of a person who has been convicted of a crime appealing the conviction. The process of post-conviction relief entails the convicted person filing a petition to re-open the case; challenging the judgment, which has otherwise become final; and trying to change the outcome to remove the conviction from his record.I would believe he would want to try and have his record "expunged" thus removing the felony conviction from his record. But as other have said, the lawyer is the first and best direction to start with.

 

[Fargo]

Post-Conviction Relief

Post-conviction relief refers to the act of a person who has been convicted of a crime appealing the conviction. The process of post-conviction relief entails the convicted person filing a petition to re-open the case; challenging the judgment, which has otherwise become final; and trying to change the outcome to remove the conviction from his record.I would believe he would want to try and have his record "expunged" thus removing the felony conviction from his record. But as other have said, the lawyer is the first and best direction to start with.

Target is right on the PCR vs. AMS thing; PCR gets your conviction overturned. AMS reduces the judgement of conviction to a misdemeanor.

Generally, you can't AMS a conviction this far after the fact under the terms of the AMS statute. However, if all the parties agree then no one is going to appeal and the judgement then enters as a misdemeanor. I believe this is usually done as a sentencing modification.

I am not certain, but I believe that AMS restores rights under both the federal and state restrictions. Basically, your conviction and judgement, as modified, now cannot exceed a year. It doesn't matter what happened originally because that sentence/judgment has been set aside and vacated and is replaced by the new one.

This is all very different from expungement which cannot happen on a crime where there is a conviction and requires a finding of no PC. Expungement is very difficult to get in Indiana.

Best,

Joe

 

[mrobnoxious1]

If state restores rights, then fed does also. Did for me.

 

[Bill of Rights]

Target is right on the PCR vs. AMS thing; PCR gets your conviction overturned. AMS reduces the judgement of conviction to a misdemeanor.

Generally, you can't AMS a conviction this far after the fact under the terms of the AMS statute. However, if all the parties agree then no one is going to appeal and the judgement then enters as a misdemeanor. I believe this is usually done as a sentencing modification.

I am not certain, but I believe that AMS restores rights under both the federal and state restrictions. Basically, your conviction and judgement, as modified, now cannot exceed a year. It doesn't matter what happened originally because that sentence/judgment has been set aside and vacated and is replaced by the new one.

This is all very different from expungement which cannot happen on a crime where there is a conviction and requires a finding of no PC. Expungement is very difficult to get in Indiana.

Best,

Joe

Thanks, Joe. I remembered one of the other lawyers here calling it PCR. Either he misspoke or I misread.

Rep added.

Blessings,
Bill

 

[Fargo]

Thanks, Joe. I remembered one of the other lawyers here calling it PCR. Either he misspoke or I misread.

Rep added.

Blessings,
Bill

Thanks for the rep! A successful PCR will also remove your disability, at least until you a retried and reconvicted should that happen. That just doesn't seem to be the mechanism being used in this case.

Best,

Joe

 

[700HPGT]

I am not sure what the lawyers plan or conversation was with the prosecutor and neither is my brother. My brother just said all his lawyer said "The prosecutor agrees to lessen the charge to a misdemeanor we just have to file the paperwork."

He then called me excited about it because it happened so fast. I then threw out the question. Ok but does that restore your rights? He was unsure and never asked. He tried to call the lawyer back but he was already gone for the weekend. So he made an appointment to go over the specifics Thursday and go over his end goal in this situation which is to have his rights restored.

As far as the GT. Here is video of it 2 years ago when I took it to the track 2 days after I purchased it rockin the paper plate. I don't have anything more recent yet as far as video's. I'll take some good pics today after I clean her up.

http://www.youtube.com/watch?v=B9M3k9fpqlU

enjoy.

 

[88GT]

[STRIKE][/STRIKE]

As far as the GT. Here is video of it 2 years ago when I took it to the track 2 days after I purchased it rockin the paper plate. I don't have anything more recent yet as far as video's. I'll take some good pics today after I clean her up.

http://www.youtube.com/watch?v=B9M3k9fpqlU

enjoy.

I did. Thanks.

[STRIKE]Outta curiosity, what did the notch do in the quarter?[/STRIKE]
Never mind, saw the time/speed on the replay. Wasn't looking up there.

 

[Jason@paracing]

Track

What track was that @?

 

[700HPGT]

What track was that @?

It was at Osceola. It is an ok Test-n-tune track. But for actual bracket racing their prep usually isn't the greatest. But I still go to get speed out of my system. Beat the heck out of street racing since this is legal.

 

[tv1217]

If he doesn't get his rights back, he can still buy a muzzleloader or bow

 

[700HPGT]

Just a quick update. He spoke with the attorney and the prosecutor yesterday. They both told him it will be like he never had the felony under the statue they are using. I am not sure what it is.

He got the paperwork filed yesterday with his local court, the judge is expected to sign it today and have his rights restored by Monday or Tuesday. They said it depends how backed up the state is in recording the paperwork.

So I told him to wait two weeks to be sure and go pick out a weapon. He has his eyes set on a Savage .308.

 

[NYFelon]

Congrats to him.

 

[Clay]

Okay, now for the important question: What kind of GT?

probably a rusty one

 

[GodFearinGunTotin]

Just a quick update. He spoke with the attorney and the prosecutor yesterday. They both told him it will be like he never had the felony under the statue they are using. I am not sure what it is.

He got the paperwork filed yesterday with his local court, the judge is expected to sign it today and have his rights restored by Monday or Tuesday. They said it depends how backed up the state is in recording the paperwork.

So I told him to wait two weeks to be sure and go pick out a weapon. He has his eyes set on a Savage .308.

Well, good for him. Will he get any confirmation from the state or the judge's office when it's filed/official?

 

[Fargo]

Just a quick update. He spoke with the attorney and the prosecutor yesterday. They both told him it will be like he never had the felony under the statue they are using. I am not sure what it is.

He got the paperwork filed yesterday with his local court, the judge is expected to sign it today and have his rights restored by Monday or Tuesday. They said it depends how backed up the state is in recording the paperwork.

So I told him to wait two weeks to be sure and go pick out a weapon. He has his eyes set on a Savage .308.

He needs to get several certified copies from the court of the judge's order. He is still going to show as a felon in many of the databases and having those CERTIFIED copies is going to help him with much of the hassle.

Best,

Joe

 

[KG1]

He needs to get several certified copies from the court of the judge's order. He is still going to show as a felon in many of the databases and having those CERTIFIED copies is going to help him with much of the hassle.

Best,

Joe

^This^ There have been a few threads on here that have had similar circumstances and were denied because of databases that were not updated and it was up to the applicant to prove otherwise on appeal.

 

[700HPGT]

^This^ There have been a few threads on here that have had similar circumstances and were denied because of databases that were not updated and it was up to the applicant to prove otherwise on appeal.

I passed this info on to him. He said he was prepared to spend as much time and money to make sure everything is back the way it was. So it seems he is pretty serious about making it right.

I'll let you guys know how it goes in a couple weeks when he goes to buy a long gun. I told him to try to apply for his LTC also. I am not sure if he will though since I do not think he has ever shot a handgun in his life and really has no interest in owning one.

 

[KG1]

I passed this info on to him. He said he was prepared to spend as much time and money to make sure everything is back the way it was. So it seems he is pretty serious about making it right.

I'll let you guys know how it goes in a couple weeks when he goes to buy a long gun. I told him to try to apply for his LTC also. I am not sure if he will though since I do not think he has ever shot a handgun in his life and really has no interest in owning one.

Good deal. Sounds like he's determined to follow through and make it happen. That's the only way to do it when it comes to restoring your rights. Hopefully the information provided here helped in some small way to give your brother some insight so he can cover all the bases. Good luck.