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Restoration Of Second Amendment Right

Restoration Of Second Amendment Right
Restoration Of Second Amendment Right.JPG
Restoration Of Second Amendment Right
Restoration Of Second Amendment Right.JPG

Restoration Of Second Amendment Right

Restoring Gun Rights After a Felony Conviction

Having a felony conviction on your record negatively impacts your life in many ways, and one of the most fundamental ways is the elimination of your constitutional right to own a gun. However, once you have been convicted of a felony not all hope is lost, and you may be able to restore your right to own a gun. Below are several discussions, the first is focused on restoration of gun rights after you have been sentenced to state prison, and the second is focused on restoring your right to own a firearm when no state prison time was involved.
• State Prison Sentence: Unfortunately, if you were sentenced to prison due to your felony conviction the options for restoring your gun rights are fairly limited. Your only option is to get a Certificate of Rehabilitation, which once successful creates an automatic application for a Pardon with the Governor’s Office. The Certificate of Rehabilitation does not restore your right to own a gun on its own, rather the Pardon must be granted by the Governor’s Office. Unfortunately, very few Pardons are granted in California. The most likely type of crimes that get a Pardon are non-violent crimes (e.g., drug crimes, etc.).
• NO State Prison Sentence: If you were convicted of a felony and were not sentenced to prison then we may be able to restore your right to own a gun. If the felony conviction is a wobblers felony (a felony that could have been charged as either a misdemeanor or a felony, see list of wobblers felonies), or it is a qualifying conviction under Prop 64, then a motion can be filed with the court to have the felony reduced to a misdemeanor. If it is successful, then your right to own a firearm would be restored in most situations. If your felony conviction is a straight felony (not a wobblers felony), then, unfortunately, the only way to restore your gun rights would be to first get the record expunged (felony expungement, on its own, does not restore your gun rights), then get a Certificate of Rehabilitation, and then get a Pardon from the Governor’s office. If the pardon is granted, then your right to own a gun would be restored.
• Domestic Violence Gun Ban: The Lautenberg Act strips away your right to own a firearm, at the federal level, if you were ever convicted of any type of violent crime against either your wife (at the time of the crime) and/or the mother of your children (at the time of the crime). Unfortunately, there is no way to get around this federal gun ban at this time. If the domestic violence, or battery, did not involve your wife and/ or the mother of your children, then your right to own a firearm will not be effected. Either way we can expunge your misdemeanour conviction or expunge your felony conviction which will greatly improve your earning capacity and marketability in this tough job market.

Protecting and Restoring Your Gun Rights

The Second Amendment and the Wisconsin Constitution protects the right of citizens to keep and bear arms. However, if you are charged with a felony or a misdemeanor crime of domestic violence, or if you are facing a restraining order, your gun rights are in serious jeopardy. A felony conviction will prohibit you from possessing a firearm for life, as will a conviction for a misdemeanor crime of domestic violence. Similarly, if a restraining order is issued against you, you will be prohibited from possessing a firearm for the length of time the restraining order is in effect. For many, losing one’s gun rights is a life-changing consequence that must be treated accordingly by an attorney experienced in handling such matters. Hart Powell, S.C. is an experienced criminal defense firm with all the knowledge and skill to help you understand why your gun rights were compromised and how to get them back.

What Are the Laws?

In the United States, federal and state laws govern the right to own and carry guns. The Second Amendment of the U.S. Constitution states that “the right of the people to keep and bear arms, shall not be infringed.” Wisconsin state law also provides residents with the right to buy guns and register to carry a concealed firearm. Possession of firearms is less strictly regulated in Wisconsin in comparison to other parts of the country. You can purchase certain firearms without a permit. There are not any firearm registration requirements or any laws requiring background checks on the private sale of guns. Further, it is legal for any individual over 18 years of age to openly carry a firearm. Under the Castle Doctrine, a homeowner is under no duty to retreat into their dwelling or place of business. In order to buy a handgun, you must be 21 years of age or older, provide a valid state identification card, and undergo a background check performed by a licensed firearms dealer. These things are not required, however, when you are purchasing a firearm from a private seller. In order to get a concealed-carry permit in Wisconsin, you have to apply to the Wisconsin Department of Justice, complete an in-person handgun training course, fill out an application online, and wait for approval from the state department. Regardless of having a permit, it is unlawful to carry a handgun in federal buildings, courthouses, government buildings, federal prisons, jails, police stations, Indian reservations, post offices, military bases, school property, security checkpoints at airports, and anywhere you decide to consume alcohol. Even though possession of firearms is less strictly regulated in Wisconsin, gun-related offenses and other felonies are still heavily prosecuted by aggressive lawyers employed by the state. In order to ensure your rights are protected, you need an attorney that is experienced in handling similar claims.

Losing Your Gun Rights

Even though you do have the right to keep and bear arms, this right is not absolute. If you are convicted of a felony, domestic violence misdemeanor, or have a restraining order against you, you may have to give up the guns you possess and forfeit your second amendment rights. Your gun rights are also at risk if you are convicted of a crime in another state that constitutes a felony offense in Wisconsin, or if you are found not guilty of a felony offense by reason of mental disease or disability. If you are charged with a crime that could affect your ability to own or carry a gun, it can affect you for the rest of your life. Even if you are just being investigated for a crime, or were arrested for a completely unrelated crime, your gun rights could be in jeopardy. You may not be able to purchase a firearm or obtain a concealed carry license. You could also be restricted from going hunting with your family, because after losing the right to own or possess a gun, you are also not allowed to be in “constructive” possession of a gun, meaning at your residence or in your vicinity. The only way to get your gun rights back is to go through stringent legal procedures such as a gubernatorial pardon, or getting the prosecutor to reopen the case and amend the charge to something other than a felony. It is a Class G felony, in Wisconsin, to be a felon in possession of a firearm. This is punishable by up to 10 years in prison and a fine of up to $10,000. Having an attorney represent you and help you avoid a felony conviction to begin with eliminates the chance of ever being faced with such potentially severe penalties or consequences.

Restoring Your Rights After a Conviction

If you are convicted of a felony, or certain misdemeanors, you lose some basic rights such as the right to vote and the right to possess a firearm. After you’ve lost these rights, you can be convicted of being a felon in possession of a firearm even if it is merely in the car you are driving or the home you are renting or occupying. The gun does not have to belong to you and, if you are convicted of the possession crime, the standard sentence could involve prison, with the possibility of up to a 10-year prison term. Criminal Convictions That Result in The Loss Of Gun Rights There are several situations that result in people losing their Second Amendment right to own or possess a gun. They include:
• A person convicted of any felony conviction
• A misdemeanor conviction involving domestic violence
• People who have been involuntarily committed for mental health treatment
• People who have been found not guilty of a crime due to insanity
• People who have a restraining order against them

Restoration of Rights

If your felony conviction was for a Washington crime, your voting rights are provisionally restored when the Department of Corrections has released its authority over you. If your conviction was for a federal felony or a felony in another state, your voting rights are restored when you are released from custody.

Restoration After a Felony or Misdemeanor Conviction

The right to own a firearm is never automatically restored just because a person completes their criminal sentence. There are steps that must be taken, and a petition must be filed with the court where the conviction occurred. The following criteria must be met:
• A petition for restoration of gun rights after a felony cannot be made until five years after the completion of the sentence, and certain types of felonies may require a 10-year waiting period.
• A petition for restoration of gun rights after a misdemeanor conviction cannot be made until three years after the completion of the sentence.
• Whether the conviction was for a felony or misdemeanor, you must meet all terms of the sentence, including payment of any fines and restitution, by the time you file your petition.
• During the time between the completion of the sentence and the time a petition is filed, no criminal charges have been brought against you.
• Your conviction was not for a crime of violence or a sex crime.
• You were never under a mental health hold.

Nonviolent Felons Shouldn’t Lose Their Second Amendment Rights

In 1989, Larry Hatfield fudged his employment records to get some extra money from the Railroad Retirement Board. He was caught and pled guilty to the federal crime of making a false statement, and was sentenced to a fine and (at the government’s recommendation) no prison time. Since then, Hatfield has lived his life without incident, incurring nary as much as a parking ticket. He doesn’t fight, do drugs, or cause problems. Hatfield has lived as a completely law‐abiding citizen for decades. Hatfield’s neighborhood, however, has changed for the worst, so he wants to own a firearm to defend himself in his home. But the intersection of an odd federal law — 18 U.S.C. § 922(g)(1) — and the ever‐expanding idea of what a “felony” is has seen his right to keep and bear arms stripped away. That old conviction for lying to the Retirement Board now restricts his right to armed self‐defense. While his conduct in 1989 was not upstanding, permanently stripping Hatfield of his core Second Amendment right seems an excessive punishment — one that puts the government in the interesting position of having argued that Hatfield is both so non‐dangerous so as to have been recommended zero days in prison, but so dangerous that he can never be trusted with a gun. Hatfield sued in federal court and won. The district judge agreed that permanently banning all felons  whether violent or not  from owning firearms was unconstitutional.

The government has appealed that ruling to the Chicago‐based U.S. Court of Appeals for the Seventh Circuit. Because the Second Amendment applies, on its face, to all Americans, Cato has filed a brief supporting Hatfield. Across‐the‐board felon disarmament is not only unconstitutional as applied to Hatfield  a non‐violent felon who served no prison time — but with respect to all non‐violent felons. There is no longstanding precedent supporting the government’s position. In fact, Congress enacted a provision restoring gun rights to felons that don’t pose a threat to public safety, indicating a tacit acceptance that “felon” as a category is excessively broad in relation to the government’s stated purpose of protecting the public. Section 922’s operation as a categorical elimination of rights for a broad class of people is both beyond what was historically acceptable and without a meaningful tie to public safety. The excessive breadth of modern felonies including things as irrelevant to public safety as improper packaging of lobsters unconstitutionally removes many individuals’ rights to self‐defense. These laws also hurt minorities and the poor, the people most likely to become victims of crime and receive the least police assistance.


From Wikipedia, the free encyclopedia

Coordinates39°N 111°W

State of Utah

“Beehive State” (official), “The Mormon State”, “Deseret”

Anthem: “Utah…This Is the Place
Map of the United States with Utah highlighted

Map of the United States with Utah highlighted
Country United States
Before statehood Utah Territory
Admitted to the Union January 4, 1896 (45th)
(and largest city)
Salt Lake City
Largest metro and urban areas Salt Lake City

 • Governor Spencer Cox (R)
 • Lieutenant Governor Deidre Henderson (R)
Legislature State Legislature
 • Upper house State Senate
 • Lower house House of Representatives
Judiciary Utah Supreme Court
U.S. senators Mike Lee (R)
Mitt Romney (R)
U.S. House delegation 1Blake Moore (R)
2Chris Stewart (R)
3John Curtis (R)
4Burgess Owens (R) (list)

 • Total 84,899 sq mi (219,887 km2)
 • Land 82,144 sq mi (212,761 km2)
 • Water 2,755 sq mi (7,136 km2)  3.25%
 • Rank 13th

 • Length 350 mi (560 km)
 • Width 270 mi (435 km)

6,100 ft (1,860 m)
Highest elevation

13,534 ft (4,120.3 m)
Lowest elevation

2,180 ft (664.4 m)

 • Total 3,271,616[4]
 • Rank 30th
 • Density 36.53/sq mi (14.12/km2)
  • Rank 41st
 • Median household income

 • Income rank

Demonym Utahn or Utahan[6]

 • Official language English
Time zone UTC−07:00 (Mountain)
 • Summer (DST) UTC−06:00 (MDT)
USPS abbreviation
ISO 3166 code US-UT
Traditional abbreviation Ut.
Latitude 37° N to 42° N
Longitude 109°3′ W to 114°3′ W
Utah state symbols
Flag of Utah.svg

Seal of Utah.svg
Living insignia
Bird California gull
Fish Bonneville cutthroat trout[7]
Flower Sego lily
Grass Indian ricegrass
Mammal Rocky Mountain Elk
Reptile Gila monster
Tree Quaking aspen
Inanimate insignia
Dance Square dance
Dinosaur Utahraptor
Firearm Browning M1911
Fossil Allosaurus
Gemstone Topaz
Mineral Copper[7]
Rock Coal[7]
Tartan Utah State Centennial Tartan
State route marker
Utah state route marker
State quarter
Utah quarter dollar coin

Released in 2007
Lists of United States state symbols

Utah (/ˈjuːtɑː/ YOO-tah/ˈjuːtɔː/ (listen) YOO-taw) is a landlocked state in the Mountain West subregion of the Western United States. It is bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents.[8] Most of the western half of Utah lies in the Great Basin.

Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.

People from Utah are known as Utahns.[9] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of the Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[10] Utah is the only state where a majority of the population belongs to a single church.[11] The LDS Church greatly influences Utahn culture, politics, and daily life,[12] though since the 1990s the state has become more religiously diverse as well as secular.

Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[13] with the 2020 U.S. census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[14] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[15] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate changedroughts in Utah have been increasing in frequency and severity,[16] putting a further strain on Utah’s water security and impacting the state’s economy.[17]


The name Utah is said to derive from the name of the Ute tribe, meaning ‘people of the mountains’.[18] However, no such word actually exists in the Utes’ language, and the Utes refer to themselves as Noochee. The meaning of Utes as ‘the mountain people’ has been attributed to the neighboring Pueblo Indians,[19] as well as to the Apache word Yuttahih, which means ‘one that is higher up’ or ‘those that are higher up’.[18] In Spanish, it was pronounced Yuta; subsequently, English-speaking people may have adapted the word as Utah.


Geography and geology


Utah county boundaries

Utah is known for its natural diversity and is home to features ranging from arid deserts with sand dunes to thriving pine forests in mountain valleys. It is a rugged and geographically diverse state at the convergence of three distinct geological regions: the Rocky Mountains, the Great Basin, and the Colorado Plateau.

Utah covers an area of 84,899 sq mi (219,890 km2). It is one of the Four Corners states and is bordered by Idaho in the north, Wyoming in the north and east, by Colorado in the east, at a single point by New Mexico to the southeast, by Arizona in the south, and by Nevada in the west. Only three U.S. states (Utah, Colorado, and Wyoming) have exclusively latitude and longitude lines as boundaries.

One of Utah’s defining characteristics is the variety of its terrain. Running down the middle of the state’s northern third is the Wasatch Range, which rises to heights of almost 12,000 ft (3,700 m) above sea level. Utah is home to world-renowned ski resorts made popular by light, fluffy snow and winter storms that regularly dump up to three feet of it overnight. In the state’s northeastern section, running east to west, are the Uinta Mountains, which rise to heights of over 13,000 feet (4,000 m). The highest point in the state, Kings Peak, at 13,528 feet (4,123 m),[43] lies within the Uinta Mountains.

At the western base of the Wasatch Range is the Wasatch Front, a series of valleys and basins that are home to the most populous parts of the state. It stretches approximately from Brigham City at the north end to Nephi at the south end. Approximately 75 percent of the state’s population lives in this corridor, and population growth is rapid.

Western Utah is mostly arid desert with a basin and range topography. Small mountain ranges and rugged terrain punctuate the landscape. The Bonneville Salt Flats are an exception, being comparatively flat as a result of once forming the bed of ancient Lake Bonneville. Great Salt Lake, Utah LakeSevier Lake, and Rush Lake are all remnants of this ancient freshwater lake,[44] which once covered most of the eastern Great Basin. West of the Great Salt Lake, stretching to the Nevada border, lies the arid Great Salt Lake Desert. One exception to this aridity is Snake Valley, which is (relatively) lush due to large springs and wetlands fed from groundwater derived from snow melt in the Snake RangeDeep Creek Range, and other tall mountains to the west of Snake Valley. Great Basin National Park is just over the Nevada state line in the southern Snake Range. One of western Utah’s most impressive, but least visited attractions is Notch Peak, the tallest limestone cliff in North America, located west of Delta.

Much of the scenic southern and southeastern landscape (specifically the Colorado Plateau region) is sandstone, specifically Kayenta sandstone and Navajo sandstone. The Colorado River and its tributaries wind their way through the sandstone, creating some of the world’s most striking and wild terrain (the area around the confluence of the Colorado and Green Rivers was the last to be mapped in the lower 48 United States). Wind and rain have also sculpted the soft sandstone over millions of years. Canyons, gullies, arches, pinnacles, buttes, bluffs, and mesas are the common sights throughout south-central and southeast Utah.

This terrain is the central feature of protected state and federal parks such as ArchesBryce CanyonCanyonlandsCapitol Reef, and Zion national parks, Cedar BreaksGrand Staircase–EscalanteHovenweep, and Natural Bridges national monuments, Glen Canyon National Recreation Area (site of the popular tourist destination, Lake Powell), Dead Horse Point and Goblin Valley state parks, and Monument Valley. The Navajo Nation also extends into southeastern Utah. Southeastern Utah is also punctuated by the remote, but lofty La SalAbajo, and Henry mountain ranges.

Eastern (northern quarter) Utah is a high-elevation area covered mostly by plateaus and basins, particularly the Tavaputs Plateau and San Rafael Swell, which remain mostly inaccessible, and the Uinta Basin, where the majority of eastern Utah’s population lives. Economies are dominated by mining, oil shaleoil, and natural gas-drilling, ranching, and recreation. Much of eastern Utah is part of the Uintah and Ouray Indian Reservation. The most popular destination within northeastern Utah is Dinosaur National Monument near Vernal.

Southwestern Utah is the lowest and hottest spot in Utah. It is known as Utah’s Dixie because early settlers were able to grow some cotton there. Beaverdam Wash in far southwestern Utah is the lowest point in the state, at 2,000 feet (610 m).[43] The northernmost portion of the Mojave Desert is also located in this area. Dixie is quickly becoming a popular recreational and retirement destination, and the population is growing rapidly. Although the Wasatch Mountains end at Mount Nebo near Nephi, a complex series of mountain ranges extends south from the southern end of the range down the spine of Utah. Just north of Dixie and east of Cedar City is the state’s highest ski resort, Brian Head.

Like most of the western and southwestern states, the federal government owns much of the land in Utah. Over 70 percent of the land is either BLM land, Utah State Trustland, or U.S. National ForestU.S. National ParkU.S. National MonumentNational Recreation Area or U.S. Wilderness Area.[45] Utah is the only state where every county contains some national forest.[46]

Salt Lake City, Utah

About Salt Lake City, Utah

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