Firearms Rights Restoration

Firearm Rights Restoration

If you have been convicted of a felony or involuntarily committed to an institution for mental illness, you can lose your right to legally possess a firearm. Losing the right to possess a firearm is not necessarily permanent, but the process for reinstatement can be complicated.

Have you been convicted of a felony?

Persons convicted of a felony may not possess a firearm unless pardoned, granted federal relief, or granted a "certificate of rehabilitation" by a court. The court may grant such certificate in its discretion upon a showing to the satisfaction of the court that the applicant has been rehabilitated and has led a useful, productive, and law-abiding life since the completion of his sentence and upon the finding of the court that he or she will not be likely to act in a manner dangerous to the public safety.

Have you been involuntarily committed to an institution for mental illness?

A person who is discharged from court-ordered mental health treatment may petition the court which entered the commitment order for an order stating that the person qualifies for relief from a firearms' disability. The court will need to hear evidence of what led to imposition of the firearm disability, the person's mental history, the person's criminal history, and the person's reputation. In order to grant this relief, the court must find and enter in the record the affirmative findings that the person is no longer likely to act in a manner dangerous to public safety, and that removing the person's disability to purchase a firearm is not against the public interest. 

After the person has received this Order from the court, a "certificate of rehabilitation" does not automatically restore all civil rights and may not satisfy the federal requirements. One must then seek federal restoration. One may receive a "certificate of rehabilitation" but be denied by a NICS background check. 

Carolyn McAlister has been fighting for South Mississippi residents for more than 20 years. Call us for a free consultation!