Purpose:
This policy provides for the automatic restoration of firearm rights to individuals convicted of violent felonies where a firearm was not used or involved in the commission of the crime. The policy upholds Second Amendment protections while ensuring appropriate safeguards for public safety.
Eligibility Criteria for Automatic Restoration
1. Non-Firearm Offense:
• The individual must have been convicted of a violent felony where a firearm was not used, possessed, or involved during the commission of the offense.
2. Completion of Sentence:
• The individual must have fully completed their sentence, including incarceration, probation, parole, and any court-ordered restitution or fines.
3. Post-Sentence Waiting Period:
• A period of 20 consecutive years must have elapsed since the completion of the sentence, with no subsequent criminal convictions, arrests, or legal infractions.
4. Law-Abiding Conduct:
• The individual must have demonstrated consistent adherence to laws and maintained a record free of behaviors indicating a threat to public safety, such as domestic violence or substance abuse issues.
5. Restoration of Other Civil Rights:
• Voting rights and eligibility for jury service must have been restored either prior to or concurrent with the restoration of firearm rights.
Automatic Restoration Process
1. 20-Year Anniversary Provision:
• On the 20th anniversary of the individual’s sentence completion, firearm rights will be automatically restored, provided all eligibility criteria are satisfied.
2. Records Update:
• State and federal criminal records systems will automatically update to reflect the restoration of firearm rights, ensuring that the individual is no longer flagged as ineligible under state or federal law (e.g., the National Instant Criminal Background Check System (NICS)).
3. Restoration Certification:
• A formal Certificate of Firearm Rights Restoration will be issued by the state. This document will serve as evidence of eligibility for lawful firearm purchase, ownership, and possession.
Safeguards and Limitations
1. Revocation Clause:
• Restored firearm rights may be revoked if the individual:
• Is convicted of a new criminal offense, particularly one involving violence or firearms.
• Engages in behavior suggesting a renewed threat to public safety (e.g., illegal possession of firearms, domestic violence, mental illness, or substance abuse).
2. Federal and State Compliance:
• Restoration is subject to compliance with all other applicable firearm regulations, including federal and state background checks, waiting periods, and licensing requirements for purchasing or carrying firearms.
3. Exclusions for Certain Offenses:
• Individuals convicted of violent felonies with inherent risks to public safety (e.g., arson, terrorism, or crimes involving explosives) may be subject to additional state-specific restrictions or ongoing reviews.
Rationale
This policy is based on the principle that individuals convicted of violent felonies not involving firearms, who have completed their sentences and demonstrated a long period of rehabilitation, should have their constitutional right to bear arms restored. The exclusion of firearm-related offenses ensures that this restoration applies to cases where the initial offense does not inherently raise concerns about the misuse of firearms.
By implementing a 20-year waiting period and requiring the restoration of other civil rights, the policy aligns with principles of fairness, accountability, and public safety.
This policy ensures a measured approach to rights restoration, focusing on the specific nature of the original conviction and the individual’s rehabilitation.