Criminal Defense Lawyers

How to restore your gun rights in Tennessee

Restoring Your Gun Rights in Tennessee: A Comprehensive Guide

So, you‘ve been convicted of a felony in Tennessee, and now you’re wondering, “How can I get my gun rights back?” Well, you‘ve come to the right place. Restoring your firearm rights is no easy feat, but with the proper knowledge and guidance, it’s absolutely possible. Let‘s dive right in, shall we?

Understanding Tennessee’s Gun Laws

First things first, let’s talk about Tennessee‘s laws regarding firearm possession for felons. In this state, a felony conviction generally strips you of your right to own or possess a gun. But, take a deep breath, because there are ways to regain that right – we’ll get to those shortly.Now, it’s important to note that not all felonies are created equal when it comes to gun rights restoration. Certain offenses, like violent crimes or drug trafficking, make the process much more difficult, if not impossible. We’ll cover those specifics a bit later.

The Three Paths to Restoration

In Tennessee, there are three primary avenues for restoring your gun rights after a felony conviction:

1. Restoration of Citizenship Through the Courts
2. Gubernatorial Pardon
3. Expungement of the Conviction

Let’s take a closer look at each of these options.

Restoration of Citizenship

This process involves petitioning the court to have your “full rights of citizenship” restored. Sounds simple enough, right? Well, not quite. You see, the Tennessee Supreme Court has ruled that a restoration of citizenship alone does not automatically reinstate your gun rights.So, what‘s the point, you ask? Well, a restoration of citizenship is often a necessary first step before pursuing other avenues, like a pardon or expungement. It’s a hoop you’ll likely have to jump through, but it’s not the end-all, be-all solution.

Gubernatorial Pardon

Ah, the elusive pardon. This is perhaps the most surefire way to regain your gun rights in Tennessee, but it’s also the most difficult to obtain. You‘ll need to submit a formal application to the governor‘s office, detailing your conviction, rehabilitation efforts, and reasons for seeking a pardon.Now, let‘s be real, pardons are few and far between, especially for felons. But, if you can demonstrate exceptional circumstances and a genuine commitment to turning your life around, it‘s worth a shot.

Expungement

Expungement is the legal process of sealing or destroying your criminal record, essentially treating the conviction as if it never happened. If successful, an expungement would effectively restore all of your rights, including the right to bear arms.However, not all felonies are eligible for expungement in Tennessee. Generally, violent crimes, sex offenses, and certain drug-related felonies are off the table. But, for non-violent offenses like theft or fraud, expungement could be an option worth exploring.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

Navigating the Restoration Process

Alright, now that we’ve covered the three main paths to restoration, let’s talk about how to actually navigate the process. Buckle up, because this is where things can get a bit complicated.First and foremost, you’ll need to determine if you’re even eligible for restoration. This will depend on the specifics of your conviction, the amount of time that has passed since your sentence was completed, and whether you’ve stayed out of legal trouble since then.Once you‘ve established your eligibility, it‘s time to gather all the necessary documentation. This may include court records, proof of rehabilitation (like employment history or educational achievements), and character references from respected members of your community.Next, you’ll need to file the appropriate paperwork with the court or the governor’s office, depending on which route you‘re pursuing. This is where having an experienced attorney can be invaluable, as they’ll know exactly what forms to fill out and how to present your case in the most compelling way possible.And, let‘s not forget about the potential for hearings or interviews. If your case isn‘t a slam dunk, you may be required to appear before a judge or pardon board to plead your case in person. This is where your preparation and presentation skills will really be put to the test.

Overcoming Obstacles: Violent Crimes and Drug Offenses

Now, let‘s address the elephant in the room: what if your felony conviction involved violence or drugs? Unfortunately, these types of offenses can make the restoration process significantly more challenging, if not impossible in some cases.For violent crimes, like assault or robbery, the courts and the governor‘s office will be understandably hesitant to restore your gun rights. After all, their primary concern is public safety. You’ll need to present an exceptionally compelling case, demonstrating that you‘ve truly reformed and pose no threat to society.As for drug offenses, the laws in Tennessee are particularly strict. In most cases, a felony drug conviction will permanently bar you from possessing a firearm, even if you’ve completed your sentence and stayed out of trouble. Your best bet may be to pursue a gubernatorial pardon, but even then, the odds are not in your favor.

The Federal Firearm Prohibition

Here’s another wrinkle to consider: even if you successfully restore your gun rights in Tennessee, you may still be prohibited from possessing a firearm under federal law. That‘s right, the federal government has its own set of rules when it comes to felons and firearms.Under the Gun Control Act of 1968, it’s illegal for anyone convicted of a felony punishable by more than one year in prison to possess a firearm or ammunition. This federal prohibition applies regardless of whether your rights have been restored at the state level.So, what can you do about it? Well, there is a process for seeking relief from the federal firearm prohibition, but it’s a lengthy and arduous one. You’ll need to apply for a restoration of rights through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and even then, your chances of success are slim.

The Role of an Experienced Attorney

By now, you’re probably thinking, “This all sounds incredibly complicated. Is there anyone who can help me navigate this legal minefield?” The answer is yes – an experienced criminal defense attorney can be an invaluable asset in your quest to restore your gun rights.A skilled lawyer will not only guide you through the various legal processes involved, but they’ll also help you build the strongest possible case for restoration. They’ll know exactly what documentation to gather, what arguments to make, and how to present your case in the most compelling way possible.Additionally, an attorney can advise you on the potential pitfalls and obstacles you may face, depending on the specifics of your conviction. They’ll be able to manage your expectations and provide you with a realistic assessment of your chances for success.