I am wondering what the process would be to get One’s second amendment rights restored, when living in a state other than that of the one in which the nonviolent drug offense was committed.
We have discussed this before but I couldn’t find it. The gist of it is you will have to find an Attorney and petition the court in the state in which the offence was committed. Short answer.
Each State has different procedures in regard to “restoration of Rights”, and firearm rights.
I am not an attorney, but I do know that in Tennessee Code Annotated :
39-17-1307 (b) (1) A person commits an offense who unlawfully possesses a firearm, as defined in 39-11-106; and:
(A) has been convicted of a felony crime of violence, or a felony involving use of a deadly weapon; or
(B) has been convicted of a felony drug offense…
That same code above mentions:
(C) (1) A person commits an offense who possesses a handgun and has been convicted of a felony unless:
(A) The person has been pardoned for the offense;
(B) The felony conviction has been expunged; or
(C) The person’s civil rights has been restored pursuant to title 40, chapter 29, and the restoration order does not specifically prohibit the person from possessing firearms.
However, Tennessee Code Annotated 39-17-1308 regarding defenses to unlawful carrying of firearms states in section (B) that the defenses described in this section are not available to person’s described in 39-17-1307 (B)(1).
It’s my understanding that the only way a person with a felony drug conviction in Tennessee could restore their firearm rights would be by obtaining an Expungement, but this is where the following statement is prudent to follow:
Not every State is the same in regard to restoration of citizenship rights, along with firearms rights. Please contact a qualified attorney who has experience in civil rights restorations (ex: a probate attorney may not be the best person to get advice about all the laws regarding such topic).