Delaware has an extensive list of persons who are subject to restrictions on their firearm rights. See 11 DE Code § 1448. For convicted felons and others, other than seeking a pardon from the Governor, there is no procedure or statutory method of restoring firearm rights. However, there is a unique Delaware statutory provision that creates a procedure for restoring firearm rights to those who have recovered from mental illness. Here is what you need to know. Who has their firearm rights restricted in Delaware? Under Delaware law, if the reason for firearm rights disqualification is conviction ..read more

 Does Committing A Violation of Probation Forever Bar Firearm Rights in Michigan? At least one Michigan court has answered this question in the affirmative. According to the court, effectively, if a person commits a violation of probation with respect to a felon conviction, that person now has a permanent lifetime ban on firearm rights in Michigan. The case is entitled In re Knight, Case No. 346554 (Mich. Court of Appeals September 17, 2020). In that case, Gregg Knight was convicted based on a plea deal in 2001 of “arson of woods and prairies.” Because Knight’s conviction was a felony con ..read more

A couple of years ago, in a case called Rehaif v. United States, 139 S. Ct. 2191 (2019), the US Supreme Court held that, in prosecuting federal felon-in-possession cases, the prosecution must prove that the criminal defendant knew that he or she possessed a firearm AND also that the defendant knew that they were a person – like a felon – who was a barred from possessing a firearm under federal law. This was based on the reading of the relevant statute. In particular, the Gun Control Act (“GCA”), 18 U.S.C. § 922(g), provides that “[i]t shall be unlawful” for certain individuals – like a felon ..read more

In efforts to restore firearm rights, over the years, many legal teams have argued that the underlying statutes restricting firearm rights are unconstitutional or invalid for other reasons. After all, if the statute restricting firearm rights is voided, then, essentially, firearm rights are “restored.” Nearly all of these efforts have failed. But there is a new set of arguments that are being put forth by some legal scholars which may have some traction. The arguments are that gun control laws have a disproportionate impact on racial and class minorities, on historically disadvantaged communit ..read more

Idaho is generally considered one of the most firearm-friendly states in the Union. Indeed, it is commonly known that no successful candidate for statewide office has ever proposed gun control as a political issue. Moreover, the Idaho Constitution is more expressive regarding Firearm Rights than the Second Amendment to the US Constitution stating: “No law shall impose licensure, registration or special taxation on the ownership or possession of firearms or ammunition. Nor shall any law permit the confiscation of firearms, except those actually used in the commission of a felony.” That being ..read more

“Standing” is a legal concept that defines who has the right to bring lawsuits or file appeals. In simple terms, an individual or business has standing to sue if they are individuals or businesses intended to be protected by the statute/law and there has been a “concrete injury” – actual or potential. See Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (US Supreme Court 2016). More specifically, standing exists where these circumstances are found: A litigant has a special injury, right or substantial interest That injury, right or interest will be detrimentally affected if they are unable to bring or ..read more

As reported here, in the summer of 2021, Colorado passed a new criminal law that removed some felons from Colorado’s lifetime ban on felons owning and/or possessing firearms. In Colorado, other than obtaining a pardon from the Governor, there is no mechanism or legal procedure for restoring firearm rights that have been lost because of a felony conviction. This is true even if the felony conviction was 20 or 30 years ago and the person has led an exemplary life in the meantime. The new law is positive news for firearm restoration advocates. It should be noted, though, that the law also increa ..read more

Under federal law and the laws of most States, firearm rights can be restricted for a number of reasons including mental health conditions. For example, under federal law, it is a crime to sell, give or “otherwise dispose” of a firearm to a person known to “… have been adjudicated as a mental defective or has been committed to any mental institution.” See 18 U.S.C. § 922(d). Most State laws go further and prohibit ownership, possession and control of firearms by those with mental illnesses. The laws vary from State to State. Some are relatively simple like the Arkansas statute that states: “No ..read more

On September 2, 2021, the Illinois Supreme Court issued a big “win” for firearm rights restoration in Illinois in the case of Evans v. Cook County State’s Attorney, 2021 IL 125513 (2021). The case involved the interplay between Illinois State law allowing firearm rights restoration and federal gun control laws. The case is excellent news for Illinois residents seeking firearm rights restoration and is a persuasive precedent for other States. Here is a brief explanation. In Illinois, convicted felons have their firearm rights restricted. However, convicted felons may apply to have their rights ..read more

Under federal law, firearm rights are restricted for various reasons including convictions for felonies and for misdemeanor or felony domestic violence under State law. However, federal firearm rights can be restored if: The conviction is “expunged or set aside” or The person “has been pardoned” or The person has had their “civil rights restored” If any of these apply, then a “conviction” is not considered a “conviction” for purposes of the federal firearms ban. However, in general, it is difficult to have felony convictions set aside or expunged and pardons are rarely granted. Thus, for pur ..read more