Restoring Your Gun Rights

If you’ve been convicted of a felony, you may wonder if it’s possible to regain your gun rights. In Mississippi, one such opportunity is a Certificate of Rehabilitation. This certificate, granted at a court’s discretion, restores a limited right to those convicted of a felony under specific conditions. Here’s a look at what the law says and what the certificate actually accomplishes.

The primary purpose of this certificate is to restore the individual’s right to possess a firearm—an important right that is automatically restricted following a felony conviction. Under Mississippi Code 97-37-5(3), individuals with a felony conviction may petition the court for a certificate of rehabilitation. The process and eligibility depend on where the conviction occurred:

• If you were convicted of a felony under Mississippi law, you may request this certificate from the same court in which you were convicted.
• If your conviction was outside of Mississippi, whether under federal law, another state’s laws, or in a state military court, you may file your request in the court located in your county of residence.

Obtaining a Certificate of Rehabilitation is not guaranteed. Courts have the authority to issue this certificate based on their discretion and will consider the applicant’s post-sentence behavior. Specifically, the applicant must demonstrate two key things:

• Rehabilitation and Productivity – The court looks for evidence that the person has turned their life around. They must show a history of leading a “useful, productive, and law-abiding life” after completing their sentence.
• Commitment to Public Safety – The court must be confident that the individual is unlikely to engage in behavior that could endanger the public.

It’s crucial to note, however, that a Certificate of Rehabilitation:

• Does not remove the conviction itself. The felony conviction remains on the individual’s record unless a separate process expunges the conviction.
• Does not qualify the individual for public office. If you’re looking to regain eligibility to run for public office, this certificate won’t achieve that.
• Only restores rights within Mississippi. Possessing a firearm on federal land or in another state could still be a felony offense, as the certificate may not be recognized outside of Mississippi.

A Certificate of Rehabilitation can be a significant step for those who have demonstrated they’ve truly changed. Many people confuse a restoration of gun rights with an expungement. Many people also have a misconception of what a Certificate of Rehabilitation achieves. Therefore, it’s important to have a clear understanding of its limitations as stated above.

If you might qualify for a Certificate of Rehabilitation, consulting with a knowledgeable attorney can clarify your options and help you understand how to approach this process. Rebuilding your rights takes time, but with the right legal guidance, you can make informed decisions about your path forward.