Gun Rights Restoration Attorney in Council Bluffs, Iowa

There are many lasting consequences associated with being convicted of a crime. One is losing your firearm rights. However, there are actions you can take to restore your rights to firearms, and working with a gun rights restoration attorney is one of them.  

The process of restoring your gun rights can be quite complicated, not to mention that you must satisfy a number of requirements to ensure a successful outcome. I have many years of experience assisting clients in gun rights restoration, and I can help you, too.  

At my firm, Jay W. Mez, Attorney At Law, I provide clients with dedicated and personalized legal services in Council Bluffs, Iowa, and throughout Fremont, Shelby, Pottawattamie, Montgomery, Page, Cass, and Mills counties.  

Gun Rights Restoration

It is not uncommon for people who were convicted of a felony and/or served their sentence to wonder, “Can I have my gun rights restored after incarceration/after a felony?” While it may be possible to have your gun rights restored in Iowa, some criteria must be satisfied.  

One of the criteria is that if you were convicted of a felony in Iowa (but not in the federal court), you must wait at least five years after the discharge of your sentence to file a petition to have your firearm rights restored. The five-year requirement is the general policy of the Iowa Governor’s Office when it comes to granting restoration of gun rights.  

In most cases, the process of gun rights restoration takes anywhere from three months to two years. A number of factors affect the length of your case, including the court’s workload, whether there are any objections from the government, and whether you are represented by a gun rights restoration attorney.  

Who Can’t Have Their Gun Rights Restored in Iowa?

Not everyone is eligible to have their gun rights restored in Iowa. Under state law, you cannot apply for restoration of firearm rights if you were convicted of a forcible felony or certain crimes involving firearms. In addition, federal law does not allow individuals to have their gun rights restored if they were convicted of misdemeanor domestic assault. 

Under Iowa law, the following offenses are considered a forcible felony:  

• murder 

• assault 

• sexual abuse 

• robbery 

• kidnapping 

• human trafficking 

• felonious child endangerment 

• arson in the first degree 

• burglary in the first degree 

In addition, individuals convicted of felonies that involve the use of a firearm under Iowa Code § 724 and felonies with controlled substances involving a firearm under Iowa Code § 124 are not eligible for gun rights restoration. Iowa law also disqualifies minors who commit public offenses involving a firearm.  

Federal vs. State Bans

If you were convicted of a criminal offense outside of Iowa, you should contact the state to learn about gun rights restoration. If you were convicted of a federal offense, getting your gun rights restored is more complicated.  

Under federal law, you may be able to restore your gun rights if any of the following is true: 

• The conviction was expunged; 

• The conviction was set aside; and 

• You were pardoned.  

However, you cannot go to federal court to have your firearm rights restored. If you have been convicted of a felony under federal law, a presidential pardon is usually the only way to restore your gun rights. It is important to note that your firearm rights are not restored under federal law when they are restored under state law.  

The Process of Restoring Your Gun Rights in Iowa

The process of restoring your gun rights in Iowa includes the following steps:  

1. Contact an attorney. The first step in the process is to contact an attorney. Because of the many nuances and intricacies in the law regarding gun rights restoration, having legal counsel is essential. An attorney will explain the requirements for getting your firearm rights restored and help you create the best argument for your petition.  

2. File a petition to the Board of Parole. Fill out an application for gun rights restoration and submit it to the Iowa Board of Parole.  

3. Wait for your petition to be reviewed. Once your petition is submitted to the Board of Parole, it will be initially reviewed by administrative staff members. After the initial review, it may be forwarded to the Division of Criminal Investigation for a full review.  

4. You may be contacted. When your petition is being reviewed, you and other individuals, including your family members, may be contacted to verify the information in your petition.  

5. A recommendation to the Governor. After the full review, the Board of Parole will submit a recommendation to the Governor.  

6. A final decision. The Governor makes a final decision on your application and takes into consideration the recommendation by the Board of Parole.  

Seek the assistance of a skilled attorney to guide you through every step of the process and increase your chances of a successful outcome.