If I recieved a certificate from disabilites regarding a felony conviction can I get a gun?
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If I recieved a certificate from disabilites regarding a felony conviction can I get a gun?
In 2002 I was convicted of felony grand larceny in NY. This is my only conviction of any kind. I was told it might be possible if I applied for restoration of rights. I would like to know if this is true. When I received the charge I was 31, so it’s an adult record and has no chance of being expunged. I now live in NC.
Asked on April 28, 2011 under Criminal Law, North Carolina
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You cannot anywhere as a felon obtain or be in possession of a firearm. Your restoration of rights has nothing to do with it. You are a convicted felon and under the applicable laws, a convicted felon will not be able to pass the background checks because of the adult criminal record. You can review your criminal record with an attorney in North Carolina and see if there is any way to have your record expunged. You are correct in that it may have little chance but it is at least worth a try. Further, understand the federal law and North Carolina law will also prohibit you from possessing ammunition. The only exception to the laws above is if your conviction had to with a business practice felony (think white crime). If not, you may be out of luck.
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