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Can a Convicted Felon Ever Legally Own a Firearm Again?

W. Scott Hanken, Attorney at Law Team

The consequences of a felony conviction can extend far into your future, limiting your freedom and opportunities. One of the most significant consequences is the loss of your right to own a firearm.

Is this a permanent restriction? Can a convicted felon ever legally own a firearm again, or are they forever barred from exercising this fundamental right?

The law will always aim to protect public safety

In general, federal law prohibits convicted felons from owning firearms. The Gun Control Act of 1968 makes it illegal for individuals with felony convictions to possess guns. This law applies nationwide, including in Illinois.

But does this mean you can never own a firearm again? Not necessarily.

There may be pathways to regaining gun rights

There are potential paths to restoring your gun rights, but they depend on various factors:

  • The nature of your conviction
  • The time elapsed since your conviction
  • Your criminal record since the conviction
  • State laws where you reside

In Illinois, the process of regaining firearm rights is particularly strict. The state does not have a specific restoration procedure for felons.

Instead, you would need to seek a pardon from the Governor, which includes restoration of firearm rights. This process is lengthy and has no guarantee of success.

Some states offer ways to expunge or seal felony records, potentially restoring gun rights. However, Illinois law severely limits expungement options for felony convictions. Most felonies in Illinois cannot be expunged or sealed, making it even more challenging to regain firearm rights.

It is crucial to note that attempting to possess a firearm as a convicted felon without proper restoration of rights is a serious federal offense. It can lead to up to 10 years in prison and hefty fines.

Remember, laws change, and interpretations vary. What applies today might not tomorrow. Only a qualified attorney can provide up-to-date, personalized legal advice for your situation.

Client Reviews

Driving home from St Louis, halfway home my path crossed a Sangamon officer in a little sting among the interstate. I was ticketed and Officer Friendly (not his real name) provided anxiety-provoking information about an upcoming mandatory court date and all of...

jlynno111

Scott resolved my issues beyond expectations. He is not only highly knowledgeable but also takes the time to explain things clearly and thoroughly. His advice is always fair, courteous, and honest. I truly appreciate his professionalism and dedication. Scott’s...

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I am writing to strongly recommend Scott Hanken because of his outstanding legal representation in my traffic case. I was cited following a motor vehicle accident for a violation I believed was unjust. From our first consultation through the bench trial, Mr...

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Dear Mr. Hanken, I am writing to formally express my sincere appreciation for your exceptional legal representation and dedication in successfully securing the dismissal of the firearm charge in my case. Your professionalism, legal expertise, and attention...

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Scott Hanken saved my life. Prior to this id not been in a situation where I'd needed a lawyer. Throughout the entire process he made sure I was aware of what was going on with my case, what my options were, and was always prompt. He delivered in everything...

Anonymous

If I could give Scott Hanken 6 stars I would, I called 2 weeks prior to my court date with multiple charges against me, He gave me a great price for his services and got my charges dropped. I would personally recommend him to anyone needing legal services.

Anonymous

Scott Hanken has helped me twice in the last year with a couple of legal issues. I was super impressed with his professional attitude, compassion and kindness. His attention to detail and extensive knowledge made a stressful situation much less so and I would...

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Mr. Hanken is a fantastic attorney who I highly recommend to anyone needing representation. Excellent advocate who will give you peace of mind from the first phone call. Great communication and got me the perfect outcome, all at an extremely fair price. Thank...

Brian W.

Was my first mess up legally and it was pretty major through just what laws I acted against, didn’t know what to expect and was freaking out until my court date. Scott called and let me know that all I have to pay is a fraction of a fine, and a months...

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One of the most difficult and scary times of my life was handled with seamless care. AWESOME JOB I HIGHLY RECOMMEND THIS LAW FIRM. Scott is a pure professional very knowledgeable and more important The lines of communication were always open, which is very...

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Scott is a phenomenal lawyer! He can truly work miracles! He’s a no holds barred kinda guy! Tells you like it is and what he can do for you, then he does it! He was recommended to me and I will recommend him to anyone that needs his services!!!! Scott is...

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Exceptional Follow Up and Support. W.Scott Hanken put me at ease and provided value to my understanding and overall experience. I will not hesitate to use his services if I ever need representation. Thank you so much

Jem

I found myself facing 7 charges and 2 felony charges for reckless driving, fleeing and eluding and sorts. He got ALL of the charges dismissed and I only have to pay a $500 fee and 1 year of court supervision. Nothing on my driving record. He was very...

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Working with W. Scott Hanken, Attorney at Law, was outstanding. The firm resolved my case quickly and professionally, kept me informed at every step, and achieved a full dismissal. I recommend them without reservation.

Alex H.

Scott is the best criminal defense lawyer. Never stops trying to get things to the best possible situation for you in a timely manner.

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Scott absolutely amazing the best in Springfield. With an amazing team strongly recommend 10/10.

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They handled everything fast and successfully! answered all my questions I had! stayed in communication the whole time. I would definitely recommend them.

Seth C.

Scott Hanken is a very good lawyer ( best ) . Dependable and always shows up for court . His fees are reasonable . I would hire Mr. Hanken again if i ever would need a lawyer .

Sami S.

I had a small fender bender in Springfield...cops showed up and gave me a failure to reduce speed ticket...i hired Scott to reduce it to a non-moving violation....prosecutor wouldn't budge so Scott had it go to trial...i live in St. Louis...Scott kept me...

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I recently had the pleasure of working with Scott Hanken, who successfully helped me out of a bad situation. I was impressed with Scott's meticulous attention to detail, which made all the difference. I highly recommend Scott to anyone in need of legal...

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Scott is a phenomenal attorney. If you find yourself looking for the best criminal defense in Central Illinois, you have without a doubt found your guy. Scott knows the law inside and out and will shoot you straight in every aspect along the way. He is quick...

Austin K.

Coolest Guy and very fluent in defense law. I don’t think anyone can top him honestly. Springfield will miss him if he retires!

Dylan D.

Amazing person, considerate, gets the job done, and is very kind. Not only did Scott provide me with an outcome I wanted, but he was so personally kind to me and helped me feel secure and less stressed. I couldn't be happier with my choice to seek help from an...

Addison S.

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