Petitioning a Court for Restoration of Your Rights to Firearms
So, you’ve been denied a concealed carry permit and/or you’ve been deprived of the ability to purchase a firearm by the federal government. Inevitably, you are frustrated, which is what lead you to this blog and others we have written, such as our other relevant blogs discussing the appeals process for the state and the appeals process for the federal government.
Unfortunately, even when you think you do understand the process (or as much as can be expected) and/or you think you understand the reason for the denial, often times you become quickly overwhelmed by the process of how to fix the problem yourself. After all, knowledge means nothing without application it’s been said. As has been discussed in the two blogs above, many times the appeals process is straightforward and easy to navigate. However, the opposite is true in just as many cases. And, without fail, one of the areas in handgun permit appeals that provides the most complexity is anything dealing with domestic violence related issues, including convictions therefrom and/or civil or criminal protective orders.
Many times in a criminal case when a defendant is found to have committed a crime of domestic violence, inevitably there are ancillary, civil ramifications of those convictions as well. Often the court issues an order formalizing the conviction as a Domestic Violence based offense and/or a Brady disqualifying offense. That has huge, far-reaching ramifications. Both of those demarcations immediately disqualify individuals from owning, possessing, and purchasing a firearm, and many times defendants don’t even know it. Before they know it, all guns they own are removed and they are left unable to purchase new ones as a result.
A Brady disqualifying offense is defined as an offense that meets the criteria under the Federal Brady Bill, which establishes the federal statute for purchasing a firearm. 18 U.S.C. SS 9(d)(8) is the federal statute governing this issue. It states that three criterion must be met to be Brady disqualified: (1) an order was issued by a court after a hearing and the subject received notice of the order and participated in the hearing, (2) includes a finding by that court that the subject is a credible threat to the safety of an “intimate partner or child,” and (3) specifically prohibits the “use, attempted use, or threatened use of physical force against an intimate partner or child that would reasonably be expected to cause bodily injury.”
People become Brady disqualified after most convictions for domestic battery, battery with domestic-related terms as part of the sentencing (like domestic counseling, anger management, etc.), and by way of civil protective orders and no contact orders. Many times, once Brady disqualified, an individual can be denied the ability to own, possess, and/or purchase a firearm…even if the protective order only lasts 2-3 years.
So, what’s the fix? A qualified Indianapolis domestic violence defense lawyer can often petition the court of original jurisdiction of the criminal case or civil protective order. Within that order, the attorney can state the reasons why you should be given complete restoration of your rights to own, possess, and purchase firearms. Many times, attorneys will mention things like: (1) what gave rise to the revoking of these rights (i.e. the order that took away the subject’s rights and whether the order stemmed from a conviction or protective order), (2) the subject’s criminal history after the alleged incident that gave rise to the order, (3) how long it’s been since a conviction has occurred (it must be older than 5 years), (4) what terms, if any, were completed as part of the original case and that were required by the order, (5) that there are no other orders precluding you from restoration of firearm rights, (6) personal identifiers of the subject (family history, jobs, etc.), (7) whether the original victim/protected party objects, (8) and/or any other relevant piece of information that may persuade the judge to restore the subjects rights to firearms.
Should that petition be successful, that petition’s accompanying order can be certified and sent to the Indiana State Police or FBI in an effort to reverse the appeal of the right to carry a concealed weapon or purchase a firearm.
As anyone can see, the process can be a cumbersome one, and many times people feel unequipped to handle it on their own. Given the importance of the constitutional right to own, possess, and purchase firearms, many hire an accomplished attorney to handle the appeal and/or petition on their behalf. Should you or a loved one find themselves in need of an attorney skilled in the appeals process for handgun rights, given the former prosecutors at Banks & Brower, LLC a call today. They have helped many people just like you. Call them 24/7/365 at (317) 870-0019 or email them at email@example.com.