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.

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 stones 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.