Can a federal felon own a black powder gun in Mississippi?

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Re: Can a federal felon own a black powder gun in Mississippi?

Post by Disenfranchised on Sat Apr 16, 2011 8:11 am

DB thanks for the definitive answer on the subject. I am afraid it is exactly what I thought it to be. I was hoping that someone had pursued this through state court before setting a precedent with a positive outcome that I was not aware of. Unfortunately it is not to be. I made a stupid mistake 15 years ago and must continue paying for it the remainder of my natural life. I long ago accepted responsibility for my actions and am man enough to live with the consequences they bring. I just pains me to the point of tears that my children will never know the joys of hunting or firearm ownership, nor the responsibility that they bring. That my family will have to live with the constant fear that our home must remain unprotected because I made a mistake so many years ago.

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Re: Can a federal felon own a black powder gun in Mississippi?

Post by 2ALawyer on Sat Apr 16, 2011 8:51 am

Disenfranchised,

Unfortunately, Federal Felonies are never expunged for purposes of firearm restoration. The reason is that the ATF has been granted by Congress the means to do so, except Congress defunded them in that area, so any federal firearm disability can never be restored except via presidential pardon.

IF it were a state felony, you can go about getting *some* aspects of those expunged. I am not fully up on the expungement laws here, but I do know that some are expungable.

There is case law on the ATF restoration process. Basically, since the ATF has no funds to work through the paperwork, and will never issue a denial or approval, you have no standing to sue them for approval.

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