Criminal Defense Lawyers

How to restore your gun rights in Albuquerque

Restoring Your Gun Rights in Albuquerque: A Comprehensive Guide

So, you‘ve had your gun rights taken away, and you‘re wondering how to get them back, right? Well, you’ve come to the right place – because at Spodek Law Group, we’re experts in helping people just like you navigate the complex process of firearms rights restoration.But first, take a deep breath – because we get it, this situation can be stressful and confusing. That‘s why we’re here to break it all down for you, step-by-step, in a way that’s easy to understand.

Understanding Your Firearm Disability

Before we dive into the restoration process, let‘s start with the basics: what exactly is a “firearm disability“? Essentially, it’s any circumstance that legally prohibits you from possessing or purchasing a gun, such as:

• A felony conviction
• A misdemeanor domestic violence conviction
• An involuntary mental health commitment
• Being subject to a qualifying protection order

Now, you might be thinking, “But wait, I have a constitutional right to bear arms!” And you‘re absolutely right – but the reality is, certain actions or circumstances can temporarily or permanently restrict that right. The good news? In many cases, those restrictions aren’t set in stone. 1

Restoring Rights After a Felony Conviction

Let’s say you were convicted of a non-violent felony years ago, but you’ve since turned your life around. Can you get your gun rights back? Absolutely – but it’s going to take some work.In New Mexico, you have two main options for restoring your firearm rights after a felony conviction:

1. Receiving a Pardon: If the governor pardons your conviction, your civil rights (including gun rights) are automatically restored. However, pardons are extremely difficult to obtain and are typically only granted in exceptional circumstances. 2
2. Petitioning the Court: This is usually the more realistic route. After a certain period of time (often 10 years from completing your sentence), you can petition the court that handled your case to have your conviction set aside and rights restored. 5

To be successful, you’ll need to demonstrate to the judge that you’re no longer a threat to public safety and that restoring your rights wouldn’t be against the public interest. This typically involves providing evidence of your:

• Mental health and criminal records
• Positive reputation (through character references)
• Stable lifestyle and employment
• Any rehabilitation efforts or community involvement

It’s a high bar to clear, but an experienced attorney can guide you through the process and give you the best chance of success. 25

Restoring Rights After a Mental Health Commitment

What if your firearm rights were taken away due to an involuntary mental health commitment, rather than a conviction? The good news is, New Mexico has a specific process for regaining those rights.You’ll need to petition the court that originally committed you, providing evidence that you’re no longer a danger to yourself or others. This could include:

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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• Mental health treatment records and evaluations
• Testimony from mental health professionals
• Evidence of a stable living situation and employment

The court will hold a hearing to evaluate your case. If the judge determines you’ve recovered and restoring your rights wouldn‘t be a safety risk, they can grant your petition. 2It’s important to note that for any firearm rights restoration case, having an attorney who specializes in this area can make a huge difference. We have extensive experience navigating these complex proceedings.

Domestic Violence and Gun Rights

Now, let‘s talk about a particularly tricky situation: losing your gun rights due to a domestic violence conviction or protective order. Federal law imposes a lifetime ban on firearm possession for anyone convicted of a misdemeanor crime of domestic violence. 3But there‘s a catch – the law doesn’t actually define what qualifies as a “misdemeanor crime of domestic violence.” This has led to some confusion and differing interpretations across states.In New Mexico, the courts have ruled that deferred sentences and dismissals after completing domestic violence probation don’t count as a conviction that triggers the federal ban. However, the laws around this are constantly evolving, so it’s crucial to have updated guidance from an attorney. 3If you do find yourself impacted by the federal domestic violence gun ban, your options for restoration are extremely limited. An outright pardon from the President or having your conviction expunged/set aside are among the few possibilities – but they’re very difficult to obtain.The bottom line? If you‘ve been charged with any kind of domestic violence offense, even a misdemeanor, it‘s critical to take it seriously and explore all options for avoiding a conviction that could strip your gun rights. An attorney can help advocate for alternatives like pre-prosecution diversion programs.

The Importance of Timing

One key factor that comes into play with any gun rights restoration case? Timing. The law sets strict waiting periods before you can even apply, based on the nature of your disqualifying event:

• Felony conviction: Often 10+ years after completing sentence 5
• Mental health commitment: Only after being discharged from commitment 2
• Domestic violence conviction: Essentially a lifetime ban under federal law 3

But it‘s not just about meeting those minimum time requirements. Judges also want to see an established pattern of responsible behavior over an extended period. The more years you can demonstrate stability and a clean record, the stronger your case will be.So if you‘re considering pursuing restoration, the sooner you start preparing and get an attorney involved, the better. It may be a long road, but having the right guidance can make it much smoother.

Understanding the Firearms Purchase Process

Let’s say your rights have been restored – congratulations! But before you head out to buy a gun, there are still a few important things to understand about the purchase process in New Mexico.First, all firearms sales (except for some private party transfers) are subject to a federal background check through the National Instant Criminal Background Check System (NICS). This applies whether you’re buying from a dealer, at a gun show, or online. 2Once your rights are officially restored, the courts are required to update the relevant databases to reflect your new “proceed” status in NICS. However, it’s a good idea to have documentation like your restoration order on hand when making a purchase, just in case any issues arise during the background check.New Mexico also has a few additional state-level requirements for certain firearms purchases and transfers:

• Handgun buyers must obtain a purchase permit from the NM Department of Public Safety
• All firearms sales are subject to a mandatory 7-day waiting period after purchase (with some exceptions) 4

So even once your rights are restored, you’ll still need to follow all applicable federal, state, and local laws when acquiring guns. An experienced attorney can ensure you understand all the requirements.

The Spodek Law Group Difference

At this point, you’re probably thinking: “This all sounds incredibly complicated. How can I possibly navigate this legal labyrinth on my own?”And you‘re absolutely right – firearm rights restoration is an extremely complex area of law that requires a deep level of expertise. That’s why hiring a firm like Spodek Law Group is so crucial.We’re not just any criminal defense attorneys. Restoring gun rights for clients across New Mexico is one of our key practice areas. We have an intimate understanding of the relevant state and federal statutes, as well as extensive experience appearing before judges in these types of proceedings.But what really sets us apart is our white-glove, client-focused approach. We take the time to truly understand your unique situation and craft a customized strategy to achieve the best possible outcome, whether that’s:

• Avoiding a disqualifying conviction in the first place
• Petitioning for rights restoration after meeting the waiting period
• Exploring other remedies like pardons or expungements

Our team leaves no stone unturned in building the strongest possible case on your behalf. We’ll gather all required documentation, enlist expert witnesses if needed, and ensure every legal T is crossed and I is dotted.Because at the end of the day, we’re not just lawyers – we’re advocates fighting to uphold your constitutional rights. It’s our mission to give you the highest caliber representation every step of the way.