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Q: Restoring Long Gun possesion restoration or relief of a convicted felon ( Answered,   2 Comments )
Question  
Subject: Restoring Long Gun possesion restoration or relief of a convicted felon
Category: Relationships and Society > Law
Asked by: milaree-ga
List Price: $50.00
Posted: 08 Dec 2005 15:48 PST
Expires: 07 Jan 2006 15:48 PST
Question ID: 603409
My name is Emmet Neil Ezell, a U.S. citizen. I was convicted of simple possesion of
marijuanna in 1983 in Indiana. No dealing, just simple posssion. No trial or
plea agreement was ask for, I plead guilty which resulted in a Class D
felony conviction. Is it possible to legally regain the right to
posess the right to own a long gun for hunting. If so how do I request
the ability to do so. Currently I am 52 years old and the custodial
father of a 10 year old son. In the futher I would like to introduce
him to the sport of shooting and eventually hunting as I was. Granted
my crime was stupid, but it was a long time ago and I learned from my
lesson. I learned so fast that against my attorneys recomendation I
rejected his advice to apply for a plea bargin which would have either
reduced the charge to a misdimenor, possible exspungement or possible
dismisal of the charge. I was guilty, so I pleaded so and ask for no
consideration. Any help would be appreciated.  Thank you. Emmet Neil
Ezell
Answer  
Subject: Re: Restoring Long Gun possesion restoration or relief of a convicted felon
Answered By: cynthia-ga on 09 Dec 2005 16:31 PST
 
Hi Mr Ezell,

My answer is broken into two parts. Note there is contact info below
to start the process of restoring your right to own a long gun!

I located a survey done by the US Department of Justice that explains
the law all 50 states in regards to loss and restoration of firearm
privileges. It also covers the right to vote, to hold public office,
serve on a jury, and on a per state basis, what occupational licenses
are affected.

In short, if 15 years have elapsed since the offense, you are eligible
to apply for a full pardon from the Governor to restore your right to
own a long gun. Short of that, there is no other way to legally own a
firearm after a felony conviction in Indiana.

REFERENCE:

..."II. LOSS AND RESTORATION OF STATE FIREARMS PRIVILEGES*4* 
http://www.usdoj.gov/pardon/forms/state_survey.pdf 
Note: on the left, click Indiana, then scroll to the section on firearms.

Under Indiana law, a license is required for a person to carry a
handgun*5* in his vehicle or on his person, except in his dwelling, on
his property, or in his fixed place of business. Ind. Code 
35-47-2-1. Among the persons excluded from the category of "proper
persons" eligible to obtain such a license are:

(1) any person who has been convicted of resisting law enforcement or
of a weapons offense under Indiana law within five years of applying
for the license;

(2) any person convicted of a crime for which he could have been
sentenced for more than one year;

(3) and any person convicted of a "crime involving an inability to
safely handle a handgun." Ind. Code  35-47-1-7, 35-47-2-3. For
offenses committed after June 30, 1994, a person convicted of a felony
is also specifically prohibited from obtaining a license, pursuant to
Ind. Code  35-47-2-3(f)(1). It is unlawful to sell, give, or deliver
a handgun to a person with a felony conviction. Ind. Code 
35-47-2-7(b)(1).

A full Governor's pardon for a felony other than an offense against
the person (such as murder, voluntary or involuntary manslaughter,
aggravated battery, kidnapping, or rape) or for a violation of the
handgun laws removes any state firearms disability if 15 years have
elapsed between the time of the offense and the application. Ind. Code
 35-47-2-20(a)(2). The Governor may also issue a pardon that
conditions removal of firearms disabilities upon a determination by
the Superintendent of State Police "that circumstances have changed to
such an extent since the pardoned conviction was entered that the
applicant for the permit or license is likely to handle handguns in
compliance with the law." Ind. Code  11-9-2-4. If such a conditional
pardon is issued for a felony or for a firearms violation, the
firearms disability is removed when the Superintendent makes that
determination. Ind. Code  11-9-2-4, 35-47-2-20(b). Indiana law does
not provide for restoration of handgun privileges to a federal felon.

====
*4* For a consideration of the interaction between the federal
firearms disability and Indiana law concerning the loss and
restoration of civil rights and firearms privileges, see United States
v. Lee, 72 F.3d 55 (7th Cir. 1995); United States v. McKinley, 23 F.3d
181 (7th Cir. 1994).
====
*5* "Handgun" is defined as any firearm with a barrel length less than
16 inches or an overall length of less than 26 inches. Ind. Code 
35-47-1-6.
====


PART 2)

Now that we know you are eligible, here's the information as to how to
go about the process.

You will need this contact information to begin the process:

? Contact: Earl Coleman, Parole Board, 317-232-5789.
ebcoleman@coa.doc.state.in.us

Please note below the frequency of these grants. You have a chance,
--granting that you follow correct procedure and have not been
involved in any criminal activity since your offense, I'm betting you
would be one of the grantees.  After all, simple marijuana possession
is not onthe top of the list of problems these days. The process takes
approximately 6-8 months. After you receive a pardon, you are eligible
to have your record expunged.

The Sentencing Project provides documents that describe how pardons
are given, and the process. They have information available for all 50
states, here's Indiana:


Restoration of Rights - Indiana
http://www.sentencingproject.org/pdfs/rights-restoration/Indiana.pdf

..."
II. Discretionary Restoration Mechanisms:

A. Executive pardon:

? Authority: The constitution gives pardon power to governor, ?subject to
such regulations as may be provided by law.? It also authorizes the
legislature to create a ?council composed of officers of state, without whose
advice and consent the Governor may not grant pardons.? Ind. Const. art. 5,
 17. In 1980, the legislature abolished the Commission on Clemency, and
gave the Parole Board authority to review applications and make advisory
recommendations to the governor. See Ind. Code  11-9-2-1 to 11-9-2-3.
While there is a statutory requirement that all applications for pardon be
filed with the Board,  11-9-2-1, there is also a specific disclaimer of any
intent to limit the constitutional power of the Governor.  11-9-2-3.*
The constitution requires the governor to report to the legislature
his pardons at
next scheduled meeting. Ind. Const. art. 5,  17.

? Administration: Parole Board consists of five members appointed by
governor to four-year terms. No more than three from same party. Ind.
Code  11-9-1-1(a). Full-time salaried employees.

? Eligibility: Recent governors have required a 5-year waiting period and
evidence of rehabilitation. A person convicted under the laws of another
state or by the federal government is ineligible for a pardon.

? Effect: The Indiana Supreme Court has held that pardon essentially wipes
out guilt, and automatically becomes grounds for judicial expungement.
Kelley v. State, 185 N.E. 453 (Ind. 1933). See also State v. Bergman, 558
N.E.2d 1111 (Ind. Ct. App. 1990). A pardon removes firearm disabilities,
except for crimes against the person, only if 15 years have passed since the
time of the offense and application. Ind. Code  35-47-2-20(a). In addition,
a pardon may be issued that is conditional upon a determination by the
Superintendent of State Police that the person is ?likely to handle handguns
in compliance with the law.?  11-9-2-4. If that determination is made in
conjunction with such a conditional pardon, the firearms disability is
removed.  11-9-2-4, 35-47-2-20(b).

? Process: The governor is recent years has relied upon the Parole Board for
all pardon investigations and generally accepts its recommendations.
Applications are filed in the first instance with the Parole Board. By statute
Board must 1) notify victim, sentencing court, and prosecuting attorney; 2)
conduct an investigation; and 3) conduct a hearing at which the petitioner
and other interested parties are given an opportunity to present their
position. Ind. Code  11-9-2-2(b). Whenever the Parole Board is
conducting an inquiry, investigation, hearing, or review, it may delegate that
function to one or more members of the Board.  11-9-1-3(a). If one or
more member acts on behalf of the Board, he or she may exercise all the
powers of the Board except the power to render a final decision.  11-9-1-
3(b). Upon completion of the inquiry, the member acting on behalf of the
Board files the complete record of the proceedings together with his or her
findings, conclusions, and recommended decision. Based upon the record
and the findings, conclusions, and recommendations, the Board renders a
final decision. Id. In making its recommendation to the governor, the board
must consider: ?1) the nature and circumstances of the crime for which the
offender is committed, and the offender?s participation in that crime; 2) the
offender?s prior criminal record; 3) the offender?s conduct and attitude
during commitment; and 4) the best interests of society.? Ind. Admin. Code
tit. 220 r. 1.1-4-4(d). Additionally, in making its recommendation to the
governor, the board may consider other issues relating to the offender and
his rehabilitation. tit. 220 r. 1.1-4-4(e). Process takes six to eight months to
complete.

? Frequency of Grants: In the five-year period between 1997 and 2002, 241
people applied for pardon, and 87 were granted. In 2003, 25 pardons were
granted; in 2004, 17 pardons. A high percentage of those who apply are
granted. In 2004, two death sentences were commuted to life without
parole, one on the recommendation of the Parole Board and one by the
Governor without consulting the Board. Few commutations granted since
1989, since courts have sentence modification authority and prison
administrators have generous good time authority. Source: Indiana Parole
Board.

IN3
Margaret Colgate Love, Relief from the Collateral Consequences of a
Criminal Conviction, October 2005
? Frequency of Grants: In the five-year period between 1997 and 2002, 241
people applied for pardon, and 87 were granted. In 2003, 25 pardons were
granted; in 2004, 17 pardons. A high percentage of those who apply are
granted. In 2004, two death sentences were commuted to life without
parole, one on the recommendation of the Parole Board and one by the
Governor without consulting the Board. Few commutations granted since
1989, since courts have sentence modification authority and prison
administrators have generous good time authority. Source: Indiana Parole
Board.

? Contact: Earl Coleman, Parole Board, 
PHONE: 317-232-5789.
email: ebcoleman@coa.doc.state.in.us

B. Judicial expungement of adult felony convictions: Available only
after pardon (see
discussion above). See also administrative sealing discussion below.
Ind. Code  12-23-6-1, 12-23-7-1, and 12-23-8-1 authorizes treatment
instead of prosecution or imprisonment for drug abusers and alcoholics
charged with or convicted of felonies under certain circumstances.
(Conviction evidently remains on the record.)  33-39-11-7 authorizes a
prosecutor to defer prosecution of misdemeanants, with conditions.
C. Administrative

? Fifteen years after discharge from probation, imprisonment, or parole
(whichever is later), a felony offender may petition the state police
department to limit access to his criminal history to criminal justice
agencies. Ind. Code  35-38-5-5. Records remain available if offender has
volunteered services to social services agency involving contact with
children.  10-13-3-27. Query regarding the effect on restoration of rights.
..."


Here's the Parole BOard web site, although there was nothing useful there:
http://www.in.gov/indcorrection/paroleboard.htm


This page recaps what I have said and provided documentation for above:

What is expungement? 
http://www.indianajustice.org/Data/DocumentLibrary/Documents/1098360036.49/view_article_publicweb?topic_id=2040000


I hope this helps you restore your right to own a firearm and teach
your son gun safety and that you can share your love of hunting with
him. I believe, from what you have stated in your question that you
will receive your pardon.

Will you come back and let me know?

If I can be of further assistance, please don't hesitate to ask for a
clarification...


~~Cynthia


Search terms used at Google:

Indiana "civil rights" felony conviction gun
"Governor's pardon" Indiana
pardon Indiana expunge
Comments  
Subject: Re: Restoring Long Gun possesion restoration or relief of a convicted felon
From: fstokens-ga on 09 Dec 2005 13:56 PST
 
You should probably ask at your local courthouse or perhaps sherrif's
office.  I think that laws about this sort of thing vary a lot from
state to state.  I know that for voting rights, some states do not
allow felons to vote again ever, some states restore volting rights
automatically after completion of sentence, and some state restore
rights, but you have to file a special form.
Subject: Re: Restoring Long Gun possesion restoration or relief of a convicted felon
From: fonman25-ga on 28 Dec 2005 10:38 PST
 
Hi, I was pardoned on Dec. 16th of this year, It took exactly 2 years
from the date I submitted my pardon application. It was about one year
from the time I applied until I had my hearing with the parole board,
and one more year to finally get the good word. Part of the delay was
the fact that we are in a new administration, but now that they have a
process in place it should not take near as long.My offense was
committed in 1992, so I have 2 more years to wait before I can own a
firearm(15 years total). If you need any more information, let me
know, I will be happy to help.

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