There is a myth about people who have had their gun rights revoked – that a serious felony conviction was earned or violent crimes must have been committed to have had a constitutional right suspended. The truth is, it’s much easier than you think to lose the right to bear arms given to you by the Constitution of the United States of America.
In fact, many firearm revocations are the result of nonviolent offenses, a misdemeanor conviction, protection from abuse orders, or involuntary civil commitments. Worse, prohibition from gun ownership can go well beyond the final disposition of the case.
One of the most frequent surprising disqualifications is when a second offense DUI results in an M1 conviction – a misdemeanor of the 1st degree. And, of course, no one explains that a plea to a DUI will suspend their right to firearms.
Restoration of firearms rights in Pennsylvania 2021
While there are clearly instances in which firearm revocations are well-warranted, others may find themselves questioning whether their relatively minor brush with the law justifies a prohibition from owning firearms and want to learn more about the restoration of firearms rights available to them. In certain circumstances, gun rights can be restored by way of the pardons and/or expungements processes. Check out these FAQ pages to see if you qualify for a pardon or expungement under PA law.
Generally, if a conviction has been expunged or pardoned at the State level, it will no longer be considered a conviction under U.S. or Pennsylvania law.
Regrettably, most criminal offenses that result in the revocation of the right to own firearms are not eligible for expungement until they have been pardoned by the Governor.
The good news, however, is that virtually any offense or combination of offenses can be pardoned depending on how much time has passed.
The Governor’s Board of Pardons wants to know why the crime occurred, what you have done with your life since then, and how the conviction is holding you back. You must receive three votes from the Board to be recommended for a Pardon. Then the Governor gets to vote. If he issues the Pardon, the FBI and the Pennsylvania State Police are notified.
Once a pardon is granted, an expungement petition can then be brought before the court of conviction to have the record cleared.
If you believe your gun rights should be restored, are seeking the restoration of firearms rights, and you are eligible for a pardon or expungement, don’t wait! Contact Record Eraser online today or call 717-393-1400 and speak to an experienced attorney.
PA Gun Right Restoration FAQs
- Who is eligible for gun rights restoration in Pennsylvania?
- Gun rights can be restored by way of the pardons and/or expungements processes, so you must qualify for either for you to begin to restore your right to firearms in PA.
- How long does gun rights restoration take in PA?
- Pennsylvania expungements can be filed at the County Court level. The petition can be prepared and filed within 30 days, the Court may take 30 days to review it, the District Attorneys may wish to take a position on the petition. Once the Court signs the Order, it must be circulated to the appropriate agencies, who are supposed to respond within 30 days, although they are currently backlogged.
- Is the gun rights restoration guaranteed?
- No. Depending on which expungement is applicable, the PA District Attorney’s office may support the expungement, or oppose the expungement, or ask for a hearing after which the Court decides. Don’t go at it alone. We can help you!
- How much does it cost to apply (file) for gun rights restoration in Pennsylvania?
- The rates vary depending on the services required, but can be quoted by email or a phone call.
- Can you help with gun rights restoration in Pennsylvania?
- Yes. Find out about our criminal record erasing services here.