Can I buy a gun with a pending felony charge?

Can I Buy a Gun with a Pending Felony Charge?

Introduction

In the United States, the right to bear arms is a fundamental right protected by the Second Amendment to the Constitution. However, this right is not absolute, and there are certain restrictions and regulations in place to ensure public safety. One of the most significant restrictions is the prohibition on firearms ownership for individuals with felony convictions. But what happens if you have a pending felony charge? Can you still buy a gun?

Background Check Requirements

In the United States, the sale of firearms is subject to a background check through the National Instant Criminal Background Check System (NICS). The NICS check is designed to prevent the sale of firearms to individuals who are prohibited from owning them, including those with felony convictions.

**Felony Convictions vs. Pending Felony Charges**

A felony conviction is a final judgment of guilt and sentence imposed by a court. A pending felony charge, on the other hand, is a criminal charge that has not yet been resolved through a trial or plea agreement.

Can I Buy a Gun with a Pending Felony Charge?

The short answer is: no, you cannot buy a gun with a pending felony charge. Here’s why:

• Background Check Denial: If you have a pending felony charge, your background check will likely be denied. The NICS check will identify the pending charge and prevent the sale of the firearm.
• Felony Prohibition: Federal law prohibits the sale of firearms to individuals who are under indictment for a felony or who have been convicted of a felony. A pending felony charge is considered an indictment, making it illegal to sell a firearm to you.
• State Laws: Some states have their own laws and regulations regarding firearms ownership for individuals with pending felony charges. These laws may be more restrictive than federal law, so it’s essential to check your state’s specific laws.

Consequences of Trying to Buy a Gun with a Pending Felony Charge

If you try to buy a gun with a pending felony charge, you may face serious consequences, including:

• Felony Charges: Attempting to buy a gun with a pending felony charge can lead to additional felony charges, including making false statements on a firearms transaction record or illegally possessing a firearm.
• Criminal Penalties: The penalties for attempting to buy a gun with a pending felony charge can include fines and imprisonment.
• Loss of Civil Rights: A felony conviction, including a conviction for attempting to buy a gun with a pending felony charge, can result in the loss of certain civil rights, including the right to own a firearm.

What to Do if You Have a Pending Felony Charge

If you have a pending felony charge, it’s essential to focus on resolving the charge as quickly and efficiently as possible. Here are some steps you can take:

• Work with Your Attorney: Your attorney can help you navigate the criminal justice system and work towards a resolution to your pending charge.
• Cooperate with Authorities: Cooperate fully with law enforcement and provide any necessary information to help resolve your charge.
• Seek Counseling or Treatment: If your pending charge is related to a drug or alcohol addiction, consider seeking counseling or treatment to address these issues.

Conclusion

In conclusion, it is illegal to buy a gun with a pending felony charge. The NICS check will identify the pending charge and prevent the sale of the firearm, and attempting to buy a gun with a pending felony charge can result in serious consequences. If you have a pending felony charge, it’s essential to focus on resolving the charge as quickly and efficiently as possible and to seek the advice of a qualified attorney.

Table: Felony Prohibitions and Restrictions

Bullets: Consequences of Trying to Buy a Gun with a Pending Felony Charge

• Felony charges
• Criminal penalties, including fines and imprisonment
• Loss of civil rights, including the right to own a firearm