In a landmark decision, the Sixth Circuit Court recently ruled in United States v. Williams that felons with non-violent prior convictions may have a pathway to restore their gun rights. The case involved a defendant, Williams, who challenged the constitutionality of a federal statute that barred him from possessing firearms due to a non-violent felony conviction. The court found that the statute, as applied to Williams, violated his Second Amendment rights, setting a precedent that could impact many in similar situations.
Non-violent convictions are different
This decision recognizes that not all felonies are equal in terms of their threat to public safety and that individuals who have served their time and demonstrated rehabilitation should not be indefinitely deprived of their constitutional rights. The ruling opens the door for these individuals to petition the court for the restoration of their gun rights, provided they can demonstrate that they do not pose a danger to society. They must also meet other conditions.
Other criteria for petitioning
If you’re looking to restore your gun rights in Kentucky, here are the key eligibility criteria you need to meet:
- Completion of sentence: You must have received a final discharge or completed your sentence, including any probation or parole.
- No pending charges: You should not have any pending charges, outstanding warrants, or indictments.
- Restitution and fines: You must not owe any outstanding restitution or fines.
- Demonstrated rehabilitation: Evidence of rehabilitation includes maintaining steady employment, participating in community service and obtaining character references.
Let us be your guide to restoring your gun rights
If you (or someone you know) qualify, now may be the time to petition the court to restore your gun rights. Legal professionals specializing in this area can provide guidance and support through the process, helping to navigate the complexities of the legal system and present a compelling case for the restoration of rights.
