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Location: OHIO
Joined: 12/28/2004
Posts: 3
EXPUNGEING RECORD

DOES ANYBODY KNOW HOW TO GO ABOUT GETTING THE FIREARM SPECIFACTION OFF OF A FELONY RECORD. IT WAS A NONVIOLENT FELONY NO GUNS INVOLVED. DID FIVE YRS PROBATION WITH THIS ONE TIME OF EVER BEING IN TROUBLE. THIS HAS BEEN OVER TEN YRS AGO WOULD REALLY LOVE TO BE ABLE TO HUNT WITH A SHOTGUN OR MUZZELOADER AGAIN. WOULD IT BE POSSIBLE TO DO THIS MYSELF OR DO I NEED A ATTORNEY? ANY HELP APPERCIATED SLEDGE

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Location: Southeast Washington State
Joined: 09/28/2004
Posts: 117
EXPUNGEING RECORD

I suggest the attorney route. The courts generally won't listen to private individuals on such matters much.

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Location: OHIO
Joined: 12/28/2004
Posts: 3
EXPUNGEING RECORD

Thanks for the info I think thats what i'll probably end up doing. TY Sledge

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Moderator
Location: Florida,USA
Joined: 08/21/2003
Posts: 1566
EXPUNGEING RECORD

Would a muzzleloader be considered a "firearm" under these circumstances?
Just wondering.

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Location: OHIO
Joined: 12/28/2004
Posts: 3
EXPUNGEING RECORD

i think a muzzeloader is considered a firearm in ohio i called the game warden and sheriff and that is what i was told. i wish it wasnt the case i would be happy to hunt with a muzzeloader during gun season on deer. TC SLEDGE

bitmasher's picture
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Moderator
Location: Colorado
Joined: 02/27/2002
Posts: 2973
EXPUNGEING RECORD

Yeah I would talk to an attorney to advise you of your rights.

Now about the ML's. It is my understanding that antique firearms do not fall under the GCA (gun control act) that is why it is possible to purchase muzzleloaders without going through an FFL holder and the required background check. Antique from the NRA glossary is defined as:

By federal definition, a firearm manufactured prior to 1899 or a firearm for which ammunition is not generally available or a firearm incapable of firing fixed ammunition.

Ohio's game wardens may consider an ML a firearm for the purpose of its hunting seasons, but that does not mean it is a firearm in the GCA sense. This is what JTapia was hinting at.

Just to be on the safe side, since your going to see an attorney about the expunging, ask specifically about ML's in OH.

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Location: Aleknagik Alaska / Ozello Keys Florida
Joined: 07/05/2004
Posts: 186
EXPUNGEING RECORD

The subject of felons owning firearms and their right to vote was hashed about rather well a few years ago in a open forum. I am not aware of any state that includes primitive arms with the firearms ban for felons but there may be some out there. A few of my friends in Florida and my stepson who has a traffic related felony all hunt with black powder for this reason. There were many good points brought up in the previous discussion of this matter that I had never thought of or considered. The scenarios brought up were complicated and endless. The end results were all in favor of keeping felons armless and out of the voting booth. I for one don't want to see my tax dollars spent on sorting though the vast array of felons in this country trying to decide these matters. Felons should enjoy their rights to hunt with primitive firearms and archery equipment, if you find yourself in a state that does not support these reduced rights, hunt in a state that does.

~Jeff~

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Location: SW Washington
Joined: 06/24/2004
Posts: 38
EXPUNGEING RECORD

States differ on this, you need to check.

You will need an attorney to process the appeal, and you will have to pay for all the court's costs.

Someone in your situation (one time event ten years prior) will probaly fare well in this type of appeal. However if you have other problems, even minor traffic tickets your chances will be less.

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Joined: 09/23/2004
Posts: 137
EXPUNGEING RECORD

And you thought the teachers where blowing smoke up you butt when they talked about your permanent record. Sorry, but you do the crime you do the time. Its too bad that you can't hunt, but you should've thought about that ten years ago. If it was a non violent crime as you say, then it may be possible to clear your record. I'm no lawyer.

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Location: Ca
Joined: 05/08/2005
Posts: 23
Give the guy a break

These firearm laws are draconian, the punishment does not fit the crime, and it is another venue for taking away guns from citizens zeN

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Location: Montana
Joined: 02/13/2005
Posts: 409
EXPUNGEING RECORD

What the states consider a firearm makes no difference,a felon in possesion of a firearm is a federal felony and they consider ANY gun a firearm.Here in Montana if it is a nonviolent felony you automaticly get your rights back when you complete your sentence,I believe it is the only state like that.

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