How do I go about getting a restoration of rights?What im trying to do;I am trying to own a gun legally. I am not a convicted felon.Never been arrested but was once commited to seek psychiatric...

How do I go about getting a restoration of rights?

What im trying to do;I am trying to own a gun legally. I am not a convicted felon.Never been arrested but was once commited to seek psychiatric help which was about 8 years ago...

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clairewait's profile pic

clairewait | High School Teacher | (Level 1) Educator Emeritus

Posted on

In response to the first answer - a "local magistrate" likely would not know the answer to your question.  Here in North Carolina, local magistrates are typically low-level judges and many of them do not even have law degrees.  Even those who do are not going to be able to file an action (some sort of proceding) for you in order to get you what you want.

You would be better served by talking to an attorney.  An attorney would either a). file a declaratory action - which would seek an order by the court allowing you to purchase and own a gun,  or b). find something in the state's statutes that allow you to get a waiver to purchase a gun.

If you are seeking to avoid an attorney, you need to find the general statute that controls gun licensure in your area.  Find out what the statutes say and how you can get a waiver of your issue.  You could find this by googling your state's name, gun laws, and statutes.  There is a possiblity too that your state has adopted the federal laws on this issue.  If so, follow the link below and use the "general search" box in the middle of the page.

An attorney would not cost very much for this kind of advice (or if you know one personally you could perhaps get this information for free).  Honestly, it would be the most expeditious.

Top Answer

dano7744's profile pic

dano7744 | College Teacher | (Level 2) Educator

Posted on

It depends upon which State you reside in. Some have more stringent rules than others but in most States the fact that you sought out psychiatric care does not preclude you from legally owning a firearm. However, did you seek out this care voluntarily or were you mandated to do so by some judicial authority. In all locations however, having the title of a convicted felon will preclude you from legally owning a firearm.

Whatever the case may be, contact a local magistrate in your jurisdiction, they can tell you the exact steps to be taken in order for you to make application for legal firearm ownership. Remember to be honest and tell them the whole story of your particular situation.

 

will22clark's profile pic

will22clark | Student, Undergraduate | eNotes Newbie

Posted on

clairewait-thanks

will22clark's profile pic

will22clark | Student, Undergraduate | eNotes Newbie

Posted on

Thank You.

A judicial authority board mandated it..reasons; because family thought i was drinking alchohol excessively and requested it to the board authorities to have it done to get me better...

will22clark's profile pic

will22clark | Student, Undergraduate | eNotes Newbie

Posted on

Thank You.

A judicial authority board mandated it..reasons; because family thought i was drinking alchohol excessively and requested it to the board authorities to have it done to get me better...

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