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<blockquote data-quote="espringers" data-source="post: 396864" data-attributes="member: 816"><p>5 or 10 at the latest. this one might not be so clear and i don't even have an opinion on it. in ND, if the amount of time or suspended time is 360 days or less, felony level offenses are closed as or "deemed a misdemeanor" as a matter of law. how that applies to the firearms possession/rights restoration statute, i am not sure. i would think we would all agree 10 should apply. but, in "liberal" (i am not sure i agree with that label) ND, i am guessing its actually 5 years under that statute.</p><p></p><p>the "deemed a misdemeanor" statute reads as follows: A person who is convicted of a felony and sentenced to imprisonment for not more than three hundred sixty days is deemed to have been convicted of a misdemeanor. However, if an order is entered revoking a term of probation that was imposed as part of a sentence, the person is deemed to have been convicted of a felony.</p><p></p><p>toby or not, these are interesting discussions. another note: a fella can always petition for restoration of rights earlier than the prescribed period. we do a few of those/year. absent agreement by the prosecuting attorney, you aren't likely to see early restoration in a case involving an actual firearm though. </p><p></p><p>final note: these laws only apply in ND. they don't govern federal rights or rights laws of other states. that's a whole other discussion and legal conundrum.</p></blockquote><p></p>
[QUOTE="espringers, post: 396864, member: 816"] 5 or 10 at the latest. this one might not be so clear and i don't even have an opinion on it. in ND, if the amount of time or suspended time is 360 days or less, felony level offenses are closed as or "deemed a misdemeanor" as a matter of law. how that applies to the firearms possession/rights restoration statute, i am not sure. i would think we would all agree 10 should apply. but, in "liberal" (i am not sure i agree with that label) ND, i am guessing its actually 5 years under that statute. the "deemed a misdemeanor" statute reads as follows: A person who is convicted of a felony and sentenced to imprisonment for not more than three hundred sixty days is deemed to have been convicted of a misdemeanor. However, if an order is entered revoking a term of probation that was imposed as part of a sentence, the person is deemed to have been convicted of a felony. toby or not, these are interesting discussions. another note: a fella can always petition for restoration of rights earlier than the prescribed period. we do a few of those/year. absent agreement by the prosecuting attorney, you aren't likely to see early restoration in a case involving an actual firearm though. final note: these laws only apply in ND. they don't govern federal rights or rights laws of other states. that's a whole other discussion and legal conundrum. [/QUOTE]
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