How Does a Felon Get Gun Rights Back?
As a former felon, regaining one’s right to own firearms can be a challenging and complex process. In the United States, federal laws and state regulations govern firearms ownership, and felons are typically prohibited from purchasing or possessing firearms. However, there are instances where a felon can recover their gun rights.
Federal Laws
According to the National Rifle Association (NRA), the federal government is responsible for regulating firearms possession and sale. The Brady Handgun Violence Prevention Act of 1993 and the Lautenberg Amendment of 1996 prohibit individuals who have been convicted of felonies, including violent misdemeanors, from owning firearms.
State Laws Vary
While federal law sets a general framework for firearms regulation, each state has its own unique laws and procedures governing the restoration of gun rights for felons. State laws vary in terms of the types of felonies that disqualify a person from owning firearms and the process for regaining rights.
Restoration Methods
There are several methods for a felon to get their gun rights back. These include:
- Pardons: A pardon is a conditional forgiveness granted by a state governor or the U.S. President, and it typically requires a hearing and a review of the individual’s criminal record and behavior since the conviction. A pardon does not excuse the crime, but rather removes the conviction from consideration for firearms ownership.
- Expungement or Sealing: An expungement or sealing of a criminal record means that the conviction is destroyed or sealed, and in some cases, the individual is allowed to state that they were not convicted of the crime on job or housing applications, for example. However, this does not necessarily grant the right to own a firearm.
- Conviction Reversal or Appeal: If an individual is able to prove that their conviction was wrongly obtained, they may be able to have it overturned or reversed. This typically requires a lengthy and rigorous legal process.
- State-Specific Restoration Methods: Some states have their own procedures for restoring gun rights, such as a "civil rights restoration hearing" or a "restoration of rights plea agreement". These may involve a review of the individual’s criminal record, behavior, and any therapy or treatment programs they may have completed.
Applying for Restoration
Applying for restoration of gun rights can be a challenging and time-consuming process. It is essential for individuals to research and understands the laws and procedures governing their state. This includes:
- Federal Forms: Form FD-258, Application for Restoration of Firearm Civil Rights, must be submitted to the FBI for certain types of restoration.
- State-Specific Applications: Many states have their own applications and procedures for restoring gun rights.
- Background Checks: An individual’s criminal history record will be reviewed as part of the restoration process. A background check must be completed before a felons gun rights can be restored.
Outcomes
The outcome of a restoration application can depend on a variety of factors, including:
- Type of Felony Conviction: Certain violent or serious felonies, such as murder, felony assault, or drug trafficking, may make it more difficult or impossible to get gun rights restored.
- Behavior Since Conviction: An individual’s behavior since the conviction can play a significant role in the restoration process. This includes factors such as employment, education, treatment programs, and any changes in behavior or attitude.
Table: Restoration Eligibility by State
The following table provides a summary of restoration eligibility by state:
| State | Qualifying Convictions | Minimum Waiting Period | Restoration Type |
|---|---|---|---|
| Alabama | Nonviolent | 3 years | Pardon |
| Arkansas | Nonviolent | N/A | Pardon, Expungement |
| California | Nonviolent, Certain Violent | Varies | Expungement, Restoration Hearing |
| Florida | Nonviolent, Certain Violent | N/A | Pardon |
| Georgia | Nonviolent | 5 years | Pardon, Restoration Plea |
| Illinois | Nonviolent | N/A | Expungement |
| Michigan | Nonviolent | N/A | Expungement, Restoration Petition |
| New Jersey | Nonviolent | Varies | Restoration Hearing |
Conclusion
Regaining gun rights as a former felon can be a difficult and complex process. It is essential for individuals to research and understand the laws and procedures governing their state and to seek legal assistance if necessary. Individuals who are seeking restoration of their gun rights should start by contacting their state government or a legal professional to determine the best course of action.
By understanding the restoration process and the factors that can influence the outcome, individuals who have been convicted of felonies can take steps towards regaining their right to own firearms. However, it is crucial to remember that gun rights are a privilege, not a right, and that it is the responsibility of every individual to demonstrate that they are trustworthy and responsible citizens.
