If in addition to lengthy prison sentences and steep fines, individuals convicted of felonies can lose access to various rights, including the right to vote, hold public office, and own a firearm. If you were convicted of a felony in the past, talk to an Omaha gun rights restoration lawyer about the possibility of regaining your firearm privileges.
State law provides limited circumstances in which you can restore your gun rights. The legal process may be complex, but with the help of a dedicated firearms attorney, you can improve your chances of having your Second Amendment rights reinstated.
Is It Possible to Have Your Gun Rights Restored in Omaha?
Under state law, there are many ways that individuals with felony or domestic violence convictions can restore their various civil rights. For example, those convicted of felonies automatically regain the right to vote two years after completing their prison and/or parole sentence. However, the right to bear arms is by far the most difficult right to restore, as it is only possible through a pardon.
Furthermore, receiving a pardon does not automatically result in the restoration of gun rights. In addition to authorizing the pardon, the Nebraska Board of Pardons must also expressly empower the state Governor to restore your gun rights, as noted in Nebraska Revised Statutes §83-1,130.
Because of this, it is rare for someone with a felony conviction to get their gun rights restored. That said, an Omaha gun rights attorney can assess your situation and determine whether pursuing restoration through a pardon may be worthwhile.
Seeking a Pardon for a Felony Conviction
To restore your gun rights in Omaha, you must apply for a pardon with the Board. You may not apply for a pardon until at least ten years after your discharge from incarceration and/or final payment of fines and fees. Those applying for pardons for misdemeanors must wait only three years following release from prison.
The Board of Pardons will review any application for a pardon it receives and will further investigate the matter if they require additional information. Following the completion of any investigations, the Board will make a final decision by majority vote.
The Board only meets once per quarter in an open hearing, meaning the pardon application process generally takes at least a year. Working with a seasoned gun rights restoration lawyer in Omaha is crucial when pushing for a hearing regarding your pardon application. The attorneys at Berry Law can advocate on your behalf and argue that the Board expressly authorize the restoration of your gun rights after issuing the pardon.
Talk to an Omaha Gun Rights Restoration Attorney Today
The path to restoring gun rights after a felony or domestic violence conviction is quite difficult. The Nebraska Board of Pardons issues only a few pardons each year. Thus, trying to negotiate for a pardon without professional legal help is often a fruitless endeavor.
Retaining an Omaha gun rights restoration lawyer is your best chance at effectively fighting for a pardon. Call Berry Law today to set up a confidential consultation.