How Can I Get My Firearm Rights Restored in Alabama?
Alabama law prohibits firearm possession for people who fall into specific categories, and the list is more nuanced than many people assume. Under current Alabama law, the prohibited categories include certain defendants who have been convicted of any felony within the previous five years, have three or more felony convictions arising from separate charges, have been convicted of a crime of violence, or have been convicted of a misdemeanor offense of domestic violence.
The prohibition also reaches people who are subject to certain domestic-abuse protection orders, along with certain other categories defined under Alabama law. Federal law also independently prohibits firearm possession for its own list of categories, and federal law can prohibit possession even when Alabama law would not.
Can You Get Your Gun Rights Back After a Felony in Alabama?
Potentially, but it depends on the conviction and the specific reason you’re prohibited. For some people, the Alabama prohibition simply ends on its own with time. If you have a single felony conviction that isn’t a crime of violence, and you don’t have three or more separate felony convictions, Alabama’s ban is tied to the five-year provision.
Once five years have passed, the state-law prohibition connected to that conviction lifts automatically; there’s no application to file or approval to obtain. Keep in mind, this only resolves Alabama’s prohibition; if federal law separately bars you, that ban doesn’t expire with time.
For prohibitions that don’t expire on their own, the main avenue under Alabama law is a pardon. A pardon issued under § 15-22-36 can expressly restore the right to possess a firearm. A general pardon does not necessarily restore firearm rights; the pardon must specifically address them.
The Alabama Board of Pardons and Paroles has discretion over what rights a pardon restores, which means two people pardoned for similar offenses can end up in different positions regarding gun possession and ownership depending on the language of their pardons. Anyone pursuing a pardon with the goal of restoring gun rights needs to make sure that restoration is explicitly part of what’s requested and granted, not assumed.
How Do I Apply for a Pardon in Alabama?
If you’re trying to get your firearm rights restored, it’s helpful to understand the pardon process and what you need to do.
Step 1: Determine Whether You Are Eligible
Before anything else, confirm that you meet the basic eligibility requirements. According to the Alabama Bureau of Pardons and Paroles, an applicant generally must have completed the sentence for which the pardon is requested or have successfully served at least three years on parole for that sentence.
Step 2: Complete the Pardon Application
Once you’re eligible, the next step is completing the Alabama Bureau of Pardons and Paroles pardon application, along with the required waiver and release forms. The application asks for information about your convictions and your personal history; make sure the information you provide is complete and accurate.
Step 3: The Pardon Unit Investigates
After your application is submitted, the Pardon Unit conducts an investigation into your background and current circumstances. That investigation may consider your criminal history, your employment, your home situation, your references, your personal and social history, and the circumstances surrounding the offense itself.
Step 4: Attend the Pardon Hearing
Once the investigation is complete, your matter can be docketed for consideration by the Board. Before the hearing, the required parties receive notice, including victims and certain officials, who have the right to be heard.
Pardon hearings are public proceedings before the Alabama Board of Pardons and Paroles, and the Board considers the investigation, any statements made at the hearing, and the record as a whole in deciding whether to grant the pardon and what rights it will restore.
An experienced Alabama attorney can help you prepare a complete application and make sure the pardon you request actually restores the rights you’re seeking.
Contact Jaffe, Hanle, Whisonant & Knight, P.C. To Schedule a Free Consultation With a Birmingham Criminal Defense Attorney
Firearm rights after a conviction are complicated because they involve state and federal law in many situations, and the laws aren’t always the same. An Alabama criminal defense attorney can review your history, tell you exactly where you stand under both state and federal law, and guide you through the pardon process if that’s the right avenue.
For more information, contact an experienced Birmingham criminal defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800