Can a Felon Get a Gun?
In the United States, the possession and ownership of firearms are heavily regulated, and felons are among the groups of individuals who are prohibited from owning or possessing guns. But, can a felon get a gun? The answer is complex and depends on various factors. In this article, we will delve into the legalities surrounding gun ownership for felons and provide guidance on the process of applying for a gun permit as a felon.
Background Check and Felon Conviction
In the United States, the National Instant Criminal Background Check System (NICS) is responsible for conducting background checks on individuals who attempt to purchase firearms from federally licensed firearms dealers. The NICS database contains information on individuals who are prohibited from possessing firearms, including felons.
Felon in Possession of a Firearm
Under federal law, it is illegal for a felon to possess a firearm. 18 U.S.C. § 922(g)(1) prohibits any person who has been convicted of a felony from possessing a firearm or ammunition. This law applies to all felons, regardless of the type of felony they were convicted of.
Exceptions to the Rule
While felons are generally prohibited from owning or possessing firearms, there are some exceptions to the rule:
- Restoration of Civil Rights: In some states, felons may have their civil rights restored, including the right to own a firearm, after completing their sentence and parole.
- Pardons: A pardon may also restore a felon’s right to own a firearm.
- Expungement: In some states, felons may be able to expunge their criminal record, which could potentially allow them to own a firearm again.
Types of Felonies that Prohibit Gun Ownership
Not all felonies prohibit gun ownership. Federal law prohibits individuals convicted of the following types of felonies from owning a firearm:
- Murder
- Manslaughter
- Assault with intent to murder
- Robbery
- Carjacking
- Unlawful trafficking of firearms
- Domestic violence
- Stalking
State-Specific Laws
State laws also play a significant role in determining whether a felon can own a gun. Some states have more lenient laws than others, while others have stricter laws that prohibit felons from owning firearms altogether.
The Process of Applying for a Gun Permit as a Felon
If a felon wants to apply for a gun permit, they must first check with their state’s attorney general or local law enforcement agency to determine if they are eligible to own a firearm. Here are the general steps to apply for a gun permit as a felon:
- Check Eligibility: Contact your state’s attorney general or local law enforcement agency to determine if you are eligible to own a firearm.
- Complete the Application: Fill out the application form provided by your state or local law enforcement agency.
- Provide Documentation: Provide documentation of your conviction, including your criminal record and any relevant court documents.
- Background Check: Submit to a background check, which will be conducted by the NICS.
- Wait for Approval: Wait for approval from your state or local law enforcement agency.
Conclusion
In conclusion, while felons are generally prohibited from owning or possessing firearms, there are some exceptions to the rule. Felons who want to apply for a gun permit must first check with their state’s attorney general or local law enforcement agency to determine if they are eligible. The process of applying for a gun permit as a felon involves checking eligibility, completing the application, providing documentation, submitting to a background check, and waiting for approval.
Table: Types of Felonies that Prohibit Gun Ownership
| Felony | Federal Law | State Law |
|---|---|---|
| Murder | ||
| Manslaughter | ||
| Assault with intent to murder | ||
| Robbery | ||
| Carjacking | ||
| Unlawful trafficking of firearms | ||
| Domestic violence | ||
| Stalking |
Bullets: Key Points to Remember
• Felons are generally prohibited from owning or possessing firearms under federal law.
• There are some exceptions to the rule, including restoration of civil rights, pardons, and expungement.
• State laws also play a significant role in determining whether a felon can own a gun.
• Felons who want to apply for a gun permit must first check with their state’s attorney general or local law enforcement agency to determine if they are eligible.
• The process of applying for a gun permit as a felon involves checking eligibility, completing the application, providing documentation, submitting to a background check, and waiting for approval.
