getting your gun rights back after a class d felony dui
12-02-2009, 11:38 AM
#1
Giant Nontypical
Thread Starter
Join Date: Sep 2005
Posts: 6,867
getting your gun rights back after a class d felony dui
I know someone who got three DUIs in three years. There last one was 2001. They have been clean for just over a year and would like to get there right to hunt with a gun back. Is this even possible in Indiana. How hard is it and how can they get the right back.
I normaly would say a felon is a felon but i am not sure that if someone has had a few duis and now has stopped drink that there is still a just cause to keep there gun rights.
What do you think.
I normaly would say a felon is a felon but i am not sure that if someone has had a few duis and now has stopped drink that there is still a just cause to keep there gun rights.
What do you think.
12-02-2009, 12:37 PM
#2
Nontypical Buck
Join Date: Feb 2003
Location: Coralville, IA. USA
Posts: 3,802
He'd need to contact an attorney in Indiana. Every states laws are different regarding the reinstatement of rights, but it's usually something that must be granted by the Governor. This can range from the Governor simply reinstating the rights to vote and keep arms, without dispensing with the felony record, all the way to requiring a full pardon. With your friend being so recently rehabilitated, I think that it's doubtful that the Governor of Indiana would grant such a request (because he could fall off the wagon and get popped again tomorrow, creating great embarrassment for the Governor). I knew a guy that got busted for arson as an 18 year old back in the mid-1970's. He and some buddies torched a farmers barn. No one was in the barn, and no one got hurt, but he got a felony beef for arson. The judge deferred the sentence and he never even stepped foot in a state prison, but he did loose his rights. Last I knew (in 2003), he was still trying to get the Governor to reinstate his rights after ten years of requesting consideration. He's never been in trouble with the law since, but he's not been granted his request.
Mike
Mike
12-02-2009, 01:08 PM
#3
Typical Buck
Join Date: Feb 2004
Location:
Posts: 809
Good advice
Contact an attorney in Indiana and his local law enforcement agency. If he lives inside the city limits then the local town/city police, if in the county residence, then the Sheriff's dept. They will have the answers he needs. I will tell you that it will TAKE TIME and any resistance to questions and or additude/anger whats-so ever will make it worse and or impossible to get his or her rights back. I'm all for reabilitaion for the right people that were wronged, but the system will weed out the ones that just do give a D***. Indiana laws are very tough for good reason.
12-02-2009, 01:26 PM
#4
Spike
Join Date: Dec 2007
Posts: 51
The only real answer is to contact a lawyer and see what is possible and how it might be done.
Personally, I don't think it's a good idea for a felon to go to the police for advice on anything to do with guns. That could raise all kinds of red flags and that's the last thing he needs. I'd say pay for advice from a lawyer so the matter can remain private, even if the answer is that it's a no-go.
On the face of it, I'd say he's going to have a very uphill battle at this point. IMO, being sober for just over a year isn't going to impress many in law enforcement or the judiciary after 3 DWIs. One is bad, two is really, really bad, but three . . .
And that's assuming he supply convincing evidence that he is, in fact, sober and has remained so. If he hasn't been documenting every treatment session, AA meeting, or whatever, he should start as certainly that will come into question at some point.
Grouse
Personally, I don't think it's a good idea for a felon to go to the police for advice on anything to do with guns. That could raise all kinds of red flags and that's the last thing he needs. I'd say pay for advice from a lawyer so the matter can remain private, even if the answer is that it's a no-go.
On the face of it, I'd say he's going to have a very uphill battle at this point. IMO, being sober for just over a year isn't going to impress many in law enforcement or the judiciary after 3 DWIs. One is bad, two is really, really bad, but three . . .
And that's assuming he supply convincing evidence that he is, in fact, sober and has remained so. If he hasn't been documenting every treatment session, AA meeting, or whatever, he should start as certainly that will come into question at some point.
Grouse
12-02-2009, 01:43 PM
#5
Typical Buck
Join Date: Nov 2006
Location:
Posts: 647
You asked the question "what do you think" so I'll tell you. As the offspring of a severe alcoholic I hope not. If it where once or maybe even twice I'd say have him contact an attorney. But 3 dui's in 3 years? Thats habitual. I know they say rehab works but in my opinion it just doesn't work. I know I'm gonna get razzed for this post but even though we have one heck a stupid governor here in Indiana, I'm hoping that even he'd say no. IMO, once an adict always an adict.
I would tell you're friend that if he really wants them back then he should go see an attorney and see if its possible.
I would tell you're friend that if he really wants them back then he should go see an attorney and see if its possible.
12-02-2009, 02:17 PM
#7
Nontypical Buck
Join Date: Oct 2008
Location: Camp Lejeune, NC
Posts: 3,869
IMO, and this may seem a little harsh, but I don't think he deserves his gun rights back. If he's that irresponsible that he's going to repeatedly get behind the wheel while drunk and endanger you, your family, and everyone else on the roads lives... then he isn't responsible enough to be trusted with a firearm. He's had his chances to grow up and act like an adult and he failed.
12-02-2009, 03:21 PM
#8
Fork Horn
Join Date: Jul 2008
Location: NE Ohio
Posts: 430
You hit the nail on the head. I was gonna say "What I think is that he's an alcoholic." It can be beat, but the odds aren't good. I don't want to be within gun range of him when I'm in the field.
12-02-2009, 03:39 PM
#9
Nontypical Buck
Join Date: Oct 2007
Location: central and east texas
Posts: 4,894
3 dewis in 3 years..wow
if it cases were deferred is his only chance..my buddy had a felony ..got deferred, thought he was a felon forever, even told the army that when he in listed..he tried fer helicopter tech and got denied cause he told the army he was a felon..come to find out, we went in to the gun store and the fbi let him have a pistol!!! so now i told him to re-apply fer copter skool...we will see..btw, he served 2 tours in Afghanistan and is currently serving in Germany..
an addict is an addict..but some people just have fun for awhile before they realize how dumb it is/was/can be, and move on to lead better lives...OZZY OZBORNE fer example...he is as fried as it gets..but he doesnt/hasnt used drugs in a long time..and tries to be a good person..go ozzy
if it cases were deferred is his only chance..my buddy had a felony ..got deferred, thought he was a felon forever, even told the army that when he in listed..he tried fer helicopter tech and got denied cause he told the army he was a felon..come to find out, we went in to the gun store and the fbi let him have a pistol!!! so now i told him to re-apply fer copter skool...we will see..btw, he served 2 tours in Afghanistan and is currently serving in Germany..
an addict is an addict..but some people just have fun for awhile before they realize how dumb it is/was/can be, and move on to lead better lives...OZZY OZBORNE fer example...he is as fried as it gets..but he doesnt/hasnt used drugs in a long time..and tries to be a good person..go ozzy