Criminal Defense Lawyers

How to restore your gun rights in North Dakota

How to Restore Your Gun Rights in North Dakota

You Lost Your Gun Rights, Now What?

So, you got hit with a conviction that stripped away your right to own or possess firearms in North Dakota, now what? Take a deep breath, because we’re about to walk through exactly what you need to do to try and get those rights restored.But first, why is this so important? Look, I get it, your constitutional right to keep and bear arms is a big deal, it’s about personal safety, hunting, or maybe it’s just a hobby you’re passionate about. Whatever the reason, having your gun rights taken away can be a massive blow.The good news is, North Dakota has provisions that allow you to petition the courts to restore your firearms privileges in certain situations. But, fair warning, it’s not exactly a walk in the park.

The Basics: When Can You Lose Gun Rights?

In North Dakota, there are a few common scenarios where your gun rights get revoked:

1. You’re convicted of a felony crime of violence or intimidation. Boom, 10-year firearms ban.
2. Any non-violent felony or violent misdemeanor like assault? 5-year prohibition on possessing guns or ammo.
3. You get involuntarily committed to a mental institution or treatment facility. The court deems you can’t safely possess firearms due to mental health issues.
4. A domestic violence conviction, even a misdemeanor. Federal law says no guns for you.

So in a nutshell, commit a serious crime, get labeled a potential danger to yourself or others, and say goodbye to your gun safe for a while. But, and this is a big “but,” there may be a path to restoring those rights.

The Two Paths to Restoration

Okay, pay attention, because this is where it gets a bit complex, but I’ll break it down:

Path 1: The Petition Process

For non-violent felonies and certain misdemeanors, you can petition the court to get your gun rights back before that 5 or 10-year ban is up. But, it’s an uphill battle to say the least.You have to file a petition with the district court where your case was heard, or your county of residence if it was an out-of-state or federal conviction. The petition needs to prove, by clear and convincing evidence, that:

1. You’ve paid every last cent of fines and fees related to the conviction.
2. You fully completed any prison/jail time ordered.
3. You wrapped up probation or parole without any issues.
4. Most importantly, your personal record and reputation show you’re not a risk to public safety if allowed to possess firearms again.

Seem like a tall order? It is, the burden of proof is intentionally high here. You’ll likely need:

• An impeccable record since your conviction
• Glowing character references from respected community members
• Potentially an evaluation from a psychologist or other expert weighing in on your fitness

Even if you check all those boxes, the judge still has full discretion to deny your petition based on the circumstances of your case. It’s an uphill battle for sure.

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.

Load more

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

Path 2: The Pardon Route

For the most serious offenses, like violent felonies or crimes involving domestic abuse, your best shot at restoring gun rights is a full gubernatorial pardon from the Governor.Now, these are extremely hard to come by, we’re talking less than a dozen granted per year in North Dakota. The pardon process is intensive, requiring:

• A minimum of 5 years of squeaky clean behavior after your sentence
• Proof you’ve truly turned your life around
• Compelling reasons why a pardon is justified and in the public interest

If you somehow manage to get pardoned, and the pardon document explicitly restores your firearm rights, you’re in the clear. If not, you may still need to go through the petition process outlined above.Either path is an uphill climb, but those are the two main avenues for getting your gun privileges reinstated in North Dakota after a disqualifying conviction.

Increase Your Odds: Building Your Case

Okay, so those are the technical legal hoops to jump through, but what can you actually do to tilt the odds in your favor? Here are some tips:

• Start building your case from day one after the conviction. The more years of upstanding behavior you can show, the better.
• Stay squeaky clean. Any other arrests or convictions will likely torpedo your chances.
• Become a productive, respected member of your community through employment, volunteering, etc. Glowing character references from stand-up citizens go a long way.
• If it’s been recommended, complete any counseling or treatment programs and get documentation proving it.
• Assemble all paperwork showing you’ve met every obligation from your sentence – paid fines/fees, completed classes, wrapped up probation successfully.
• For petitions, line up supporting evidence like psych evals, risk assessments, and expert testimony on your fitness to own guns again.
• For pardons, draft a compelling narrative explaining how you’ve truly reformed and why you deserve a second chance.

The key is using the time since your conviction to your full advantage. Build an impeccable record and life story that makes it very difficult for authorities to deny your gun rights get restored.

When to Hire a Lawyer (The Sooner the Better)

Look, I’ll be blunt here, navigating the gun rights restoration process in North Dakota is no simple task, especially if your conviction was for a serious felony.While you can try going it alone, you’ll likely have a much better shot with an experienced criminal defense attorney in your corner from the very start. An attorney can:

• Evaluate your specific situation and map out the best strategy
• Ensure you meet all technical requirements for petitions or pardons
• Gather and package the supporting evidence in the most persuasive way
• Represent you and advocate forcefully in court hearings
• Handle all the legal formalities so you don’t make any missteps

Having skilled legal counsel can be the difference between your gun rights getting restored and staying permanently revoked. So don’t go it alone if you can avoid it, the stakes are too high.

The Bottom Line

At the end of the day, getting your gun rights back after a disqualifying conviction in North Dakota is an uphill battle, no two ways about it. But, it can be done if you handle things absolutely perfectly.Whether it’s the petition process for lower-level offenses or the arduous pardon route for more serious crimes, be prepared for a long road of proving you’re a responsible, law-abiding citizen deserving of a second chance.Build an impeccable record, assemble overwhelming supporting evidence, and ideally, get an experienced attorney to forcefully make your case. It’s not easy, but it is possible to restore your gun rights if you check every box.The key is being patient, diligent, and leaving no stone unturned in demonstrating your commitment to personal reform and public safety. It may take years, but your Second Amendment rights could be restored.So don’t lose hope, but also don’t take the process lightly. Devote yourself fully to regaining your good standing, and giving authorities no choice but to give you that second chance. It’s an uphill climb, but one very much worth taking on.

No related posts.