Can a Convicted Felon Buy a Gun After 10 Years?
Contents
Background Check
In the United States, the ability of a convicted felon to buy a gun is regulated by federal law. Under the Gun Control Act of 1968, felons are prohibited from purchasing, owning, or possessing a firearm. However, with the passage of time and the subsequent restoration of some civil rights, some questions arise regarding the legality of a convicted felon purchasing a gun after 10 years.
Federal Laws Prohibiting Felons from Owning Guns
In the United States, felons are prohibited from possessing firearms due to their previous criminal history. Under the Gun Control Act, anyone who has been convicted of a felony is deemed "prohibited person" under federal law. This includes individuals who have been convicted of any felony offense, including but not limited to:
- Murder, attempted murder, or conspiracy to commit murder
- Drug trafficking, drug manufacturing, or drug distribution
- Robbery, attempted robbery, or conspiracy to commit robbery
- Kidnapping, attempted kidnapping, or conspiracy to commit kidnapping
- Aggravated assault, attempted aggravated assault, or conspiracy to commit aggravated assault
Waiting Period
The Federal Firearm Licensing Review System, also known as the FBI’s NICS background check system, is used to screen individuals who are seeking to purchase a firearm. The system checks an individual’s criminal history and background to ensure they are eligible to purchase a gun.
What Happens after 10 Years?
So, what happens to a convicted felon who waits 10 years before trying to purchase a gun? Unfortunately, the answer is not straightforward. Federal law prohibits felons from possessing firearms, and the conviction remains on their record until it is expunged or the individual has been granted relief from their civil rights disabilities.
However, some states have implemented processes to restore the Second Amendment rights of non-violent felons, including:
- Pardons
- Clemency
- Expungement
- Relief from Disabilities
These processes can be lengthy and may not automatically restore a person’s ability to own a gun.
State Laws Vary
State Laws Regulating Gun Ownership by Convicted Felons
States have their own laws regulating gun ownership by convicted felons. Some states allow non-violent felons to apply for restoration of their civil rights after a certain period, usually between 5-15 years. Others may not provide a clear pathway for restoring Second Amendment rights.
| State | Waiting Period (Years) | Relief/Restoration Process |
|---|---|---|
| California | 10-15 | Relief from disabilities through petition process |
| Florida | 5 | Restoration of rights through Governor’s Clemency Board |
| Texas | 10 | Relief from disabilities through petition process |
Other Factors Affecting Gun Ownership
Besides the time elapsed since conviction, other factors can influence a convicted felon’s ability to purchase a gun. These include:
- Type of felony conviction: Non-violent offenses such as theft or fraud may have a better chance of being restored than violent crimes like murder or drug trafficking.
- Intent of the law: State and federal laws may be unclear or inconsistent, leaving some convicted felons with more difficulty obtaining relief or restoration of their civil rights.
- Background checks: Even if a convicted felon has been granted relief or restoration, they may still be required to undergo background checks when purchasing a firearm.
Conclusion
In conclusion, a convicted felon’s ability to purchase a gun after 10 years is subject to a multitude of factors, including state and federal laws, waiting periods, and restoration of civil rights. While some states have implemented processes for restoring Second Amendment rights, others do not. Individuals seeking to purchase a firearm after a felony conviction must carefully research and navigate these complex laws to determine their eligibility.
