Occasionally, during a gun rights restoration hearing, a Commonwealth’s Attorney will offer to drop their objection if certain conditions are placed upon the restoration.
For example, if the petitioner has stated that their primary reason for seeking a restoration is to go hunting then the Commonwealth’s Attorney might ask for a condition limiting the restoration to the possession of bolt-action rifles and single-shot or double-barrel shotguns.
While these offers may be made in good faith, the legal effect on the petitioner is far from innocent.
In the 1998 case of Caron v. United States, 524 U.S. 308 (1998), the United States Supreme Court held that while state gun rights restorations that restore all gun rights are effective in removing federal disabilities, a state gun rights restoration that imposes any conditions on the rights thus restored does not remove federal disabilities.
If you have received a gun rights restoration that places conditions upon your right to possess handguns or other categories of firearms then you are still a prohibited person under federal law.
It is always best to seek the advise of an attorney familiar with firearms law when seeking the restoration of your gun rights.
If you would like assistance in seeking to have your rights restored I invite you to contact me for a free consultation.
