Foley and Baldwin County, Alabama Gun Rights Restoration Attorney

Jordan Copeland • July 19, 2019

Foley and Baldwin County, Alabama Gun Rights Restoration Attorney, Jordan M. Copeland represents clients through the process of having gun rights restored that were prohibited as a result of convictions of certain crimes in Baldwin County, Alabama. Did you know that you are legally prohibited from owning or possessing a gun if you have a prior felony or domestic violence misdemeanor conviction in Baldwin County or elsewhere in Alabama? Foley (Baldwin County) Alabama Gun Rights Restoration Attorney, Jordan M. Copeland represents clients through the process to seek a legal restoration of individuals gun rights with the State of Alabama. Please read further -

WARNING : Baldwin County, Alabama convictions for any felony charge or a misdemeanor crime of domestic violence will result in a lifetime gun prohibition under Alabama and Federal Law.

Anyone who has been convicted in any court of a qualifying Misdemeanor Crime of Domestic Violence (including, but not limited to, Domestic Violence, 3rd degree in Alabama) or any felony in Alabama is generally prohibited for life from owning or possessing any firearm (See: 13A-11-72(a), Code of Ala.). Currently, violations of this offense are punishable as a Class C Felony in Alabama (See: 13A-11-84(a), Code of Ala.).

Additionally, the same persons are also generally prohibited for life under Federal law from possessing any firearm or ammunition in interstate or affecting commerce or shipping or transporting any firearm or ammunition in interstate or foreign commerce, or receiving any such firearm or ammunition. Violation of this Federal law prohibition is a federal criminal offense punishable by up to ten (10) years imprisonment (See: 18 USC 922(g)(9) (the Lautenburg Amendment); 18 USC 921(a)(33), 924(a)(2), 925(a)(1), 27 CFR 478.11,478.32).

**REMEDIES FROM FIREARM PROHIBITION** – KNOW YOUR RIGHTS: Defenses and Exceptions – A person has NOT been convicted of a qualifying Misdemeanor Crime of Domestic Violence IF:

1) The person was not represented by counsel – unless he or she knowingly and intelligently waived the right to be represented by counsel, or

2) The person was entitled to a jury trial AND the case was not tried by a jury – unless the person knowingly and intelligently waived the right to trial by jury, or

3) The conviction was set aside or EXPUNGED; the person was PARDONED; or, the person’s civil rights were restored (if the law of the jurisdiction provides for the for the loss of civil rights under such an offense).

CAUTION: This exception does not lift the Federal firearms prohibition if: -the expungement, pardon or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms; or the person is otherwise prohibited under by the law of the jurisdiction in which the proceedings were held from receiving or possessing any firearms.

Foley and Baldwin County, Alabama Gun Rights Restoration Attorney, Jordan M. Copeland represents people that previously had a felony or domestic violence misdemeanor conviction in Baldwin County, Alabama through the process with the State of Alabama to seek restoration of gun rights under Alabama and Federal law. (This assumes the felony or domestic violence misdemeanor conviction is the only firearm prohibition ground that is disabling the person’s gun rights under state and/or federal law). If you live in Baldwin County, Alabama and/or previously had a criminal conviction in Baldwin County that resulted in the loss of your gun rights, you may contact our law office to discuss potential representation to seek a restoration of your gun rights with the State of Alabama.

Many citizens of Baldwin County have been convicted of a misdemeanor crime of domestic violence (aka: Domestic Violence, 3rd degree) and may be unaware that, as a consequence of the conviction, they are now prohibited from owning or possessing a gun. In Alabama, this now includes all firearms.

Keep in mind, the term “domestic violence” may not have been used in the criminal complaint in your case, but you may legally still be considered to have been convicted of a “domestic violence” misdemeanor. According to current Federal law – a qualifying “Misdemeanor Crime of Domestic Violence” is any offense that:

“1) Is a Federal, State, Tribal, or territorial offense that is a misdemeanor under Federal, State or Tribal law,and

2) Has the element of the use or attempted use of physical force, or the threatened use of a deadly weapon; and

3) At the time of the offense, the defendant was either:

-A current or former spouse, parent or guardian of the victim;

-A person with whom the victim shared a child in common;

-A person who was cohabiting with or had cohabited with the victim as a spouse, parent, guardian, or

-A person who was or had been similarly situated to a spouse, parent, or guardian of the victim.”


Keep in mind that as of the time of writing this blog (July, 2019) a full, unrestricted pardon from an Alabama felony or domestic violence misdemeanor conviction granted by the State of Alabama will have the result of restoring a person’s gun rights (unless the person is restricted for additional grounds). A Baldwin County, Alabama conviction of a felony or misdemeanor crime of domestic violence requires a full, unrestricted pardon be granted by the State of Alabama to have gun rights restored. These convictions are not eligible to be expunged in Alabama.

Once a person’s gun rights are restored by the State of Alabama from a state conviction, the Federal law recognizes this restoration and the person’s Federal firearm restriction is lifted as a result of the restoration. Foley, Alabama Attorney, Jordan M. Copeland has successfully represented many people in having their gun rights restored in Alabama through the application for pardon process.

Baldwin County, Alabama Gun Rights Restoration Lawyer, Jordan M. Copeland provides representation for people seeking to restore their gun rights lost as a result of a criminal conviction in Baldwin County, Alabama. Contact our office via email at: Jordan@OrangeBeachLawyer.com or by phone at 251-545-3637 to schedule an in person or telephone consultation regarding your situation.

Alabama Bar Rules require the following: “No representation is made that the quality of legal services to be performed is greater than the quality of the legal services to be performed by other lawyers.”

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Our law firm is experienced in representing Licensed Professionals that have been arrested in Orange Beach, Alabama (and Baldwin County) through the process of seeking an expungement. Since Alabama first passed an expungement law in 2014, our law Firm has successfully represented hundreds of Licensed Professionals from across the United States seeking to have a prior arrest record expunged in the State of Alabama. If you are a Licensed Professional with a previous arrest in the Orange Beach, Alabama, we know negative career consequences can result. Our law Firm has successfully obtained expungements for Licensed Professionals in most every career field. Some of the positions considered to be Licensed Professionals include: Attorneys, Real Estate Agents and Brokers, Certified Public Accountants (CPAs), Engineers, Pharmacists, Registered Nurses (RNs), Medical Doctors (MDs), and Physician’s Assistants (PAs), Nurse Practitioners, Certified Registered Nurse Anesthetists (CRNAs), amoung others. Many Licensed Professionals and future Licensed Professionals are unaware that even if your prior criminal charge in Alabama was dismissed or did not result in a conviction, the record of your arrest will remain on your criminal background report unless it is removed via an Order of Expungement from the proper Court in Alabama. As a Licensed Professional, even certain arrest records for violations and misdemeanors can have substantial negative impacts on licensing and career advancement. Our Orange Beach, Alabama Expungement Law Firm has successfully obtained expungements of prior Alabama arrests records for professionals in many types of drug and alcohol charges, including: Driving Under the Influence (DUI), Possession of Marijuana 1st and 2nd degree, Unlawful Possession of a Controlled Substance, Unlawful Distribution of a Controlled Substance, Unlawful Possession/Use of Drug Paraphernalia, Public Intoxication, among other crimes. Our Orange Beach, Alabama Expungement lawyers have also obtained expungements for professionals previously arrest for many types of personal and property crimes in Alabama, including: Domestic Violence, 3rd degree, Harassment, Resisting Arrest, Theft of Property 1st, 2nd, 3rd, and 4th degrees, Possession of a Forged Instrument, among many others. The proper jurisdiction to petition to expunge eligible, prior Alabama arrest records is the Alabama Circuit Court of the county where the original charge was pending. No matter in what state you reside, Licensed Professionals previously arrested in Baldwin County, Alabama must petition to expunge said arrest in Baldwin County, Alabama to clear their criminal background the best as legally possible (if your case is eligible). Expungements are the focus of our Orange Beach Alabama Expungement Lawyer, Jordan M. Copeland – clearing criminal records to the extent of Alabama law for his clients. If you are a Licensed Professional, no matter in what state you reside, if your prior arrest was in Orange Beach, Alabama or surrounding areas in Alabama, our Orange Beach, Alabama Expungement Law Firm can represent you remotely through the entire Petition for Expungement process without a visit to our law office. Our Orange Beach, Alabama Expungement Lawyer’s goal is to have the Circuit Court grant your Petition for Expungement without the necessity of a court hearing. Although a hearing is possible, from our experience a vast majority of our cases are not set for a hearing because of no objection from the District Attorney’s office. In Alabama even if your case is eligible for an expungement, the District Attorney’s office has forty-five (45) days after the petition is served to file any objection with the Court. Therefore, our Orange Beach, Alabama Expungement Law Firm prepares custom petitions for expungement detailing the positive factors of each client giving the Court the detailed grounds for and reasons each client is seeking an expungement order from the Court. Our goal is to bolster you petition for expungement with our custom supporting packets for each petition. If you are a Licensed Professional that has had a prior arrest in Orange Beach, Alabama, or surrounding areas, that record of arrest will remain on your criminal background report unless you are granted an Order of Expungement in Alabama. You need an experienced Orange Beach, Alabama Expungement Lawyer to represent you through the legal process. Many Licensed Professionals across the USA that were previously arrested in Orange Beach, Alabama have already trusted our law firm to represent them through the petition for expungement process in Alabama. No attorney can ethically guarantee a result in any representation. Our experience and results in petitions for expungement representation in Alabama speaks for itself. Check out our Google Reviews on our Google Map Page titled “Orange Beach Criminal Defense Lawyer – J.M. Copeland”. For more information regarding your particular expungement eligibility, feel free to email us at: Jordan@OrangeBeachLawyer.com or call our office at: (251) 545-3637.
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