Can I Buy a Gun If I Have a Misdemeanor?
For many individuals, the dream of owning a gun can be a significant part of their personal freedom and recreational activities. However, prior to making a purchase, individuals with a misdemeanor on their record may be wondering, "Can I buy a gun if I have a misdemeanor?" The answer can be complex, and there are several factors to consider.
What is a Misdemeanor?
Before diving into the issue of gun ownership, let’s define what a misdemeanor is. A misdemeanor is a criminal offense that is considered less serious than a felony. Misdemeanors are typically punishable by a fine, imprisonment in a local jail or imprisonment for a period of less than one year.
How Does a Misdemeanor Affect Gun Ownership?
In the United States, federal law makes it illegal for individuals with a felony conviction to own a firearm. However, a misdemeanor conviction can also affect an individual’s ability to own a gun. Each state has its own set of laws regarding gun ownership and misdemeanor convictions.
- Federal Law: 18 U.S.C. § 922(g) states that it is unlawful for any person who has been convicted of a misdemeanor punishable by more than two years, or a misdemeanor crime of domestic violence, to own a firearm.
- State Laws: Some states have laws that disqualify individuals with any misdemeanor conviction from owning a firearm, while others may only disqualify those with specific types of misdemeanor convictions, such as misdemeanor domestic violence or drug-related offenses.
Types of Misdemeanors Affecting Gun Ownership
Not all misdemeanors will disqualify an individual from owning a gun. However, some types of misdemeanors are more likely to affect gun ownership:
- Misdemeanor Domestic Violence: Offenses such as assault, battery, or stalking related to domestic violence can permanently disqualify an individual from owning a firearm under federal law.
- Misdemeanor Child Abuse: Offenses such as child abuse or neglect can also permanently disqualify an individual from owning a firearm under federal law.
- Misdemeanor Drug-Related Offenses: Offenses related to drug possession or distribution can permanently disqualify an individual from owning a firearm under federal law.
- Misdemeanor Disorderly Conduct: Offenses such as disorderly conduct or disturbing the peace may not necessarily disqualify an individual from owning a firearm, but may still impact their ability to purchase a gun legally.
What to Do If You Have a Misdemeanor on Your Record
If you have a misdemeanor on your record and are interested in owning a gun, there are several steps you can take:
- Check your state’s laws: Understand your state’s laws regarding gun ownership and misdemeanor convictions.
- Check federal laws: Familiarize yourself with federal laws regulating gun ownership and misdemeanor convictions.
- Consult an attorney: An attorney with experience in firearms law can help you understand your options and guide you through the process.
- Work to expunge your conviction: If possible, attempt to expunge your conviction by requesting that your conviction be sealed or expunged. This may require jumping through legal hoops, but it can increase your chances of being able to legally own a gun in the future.
Table: Misdemeanor vs. Felony Conviction and Gun Ownership
| Misdemeanor Conviction | Felony Conviction | |
|---|---|---|
| Federal Law | May disqualify | Disqualifies |
| State Laws | Vary by state | Vary by state |
| Effects on Gun Ownership | Permanent disqualification possible | Permanent disqualification |
Conclusion
In conclusion, if you have a misdemeanor on your record, it can affect your ability to buy a gun. Federal and state laws vary, but it’s essential to understand the laws in your jurisdiction and consult with an attorney if you’re unsure about your eligibility. Remember to check your state’s laws, federal laws, and the types of misdemeanors that can impact gun ownership.
Additional Resources
For more information on gun laws and misdemeanor convictions, refer to the following resources:
- National Rifle Association (NRA) – Firearm Laws and Regulations
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – Federal Firearms Laws and Regulations
- National Misdemeanor Defense College – Misdemeanor Convictions and Gun Ownership
