How long until a felon can have a gun?

How Long Until a Felon Can Have a Gun?

As a convicted felon, regaining the right to own a gun is a complex and often lengthy process. In the United States, federal and state laws govern the possession of firearms, and a felon’s ability to own a gun is restricted. Here, we’ll break down the process and answer the question: how long until a felon can have a gun?

What are the Federal Restrictions?

Under federal law, 18 U.S.C. § 922(g)(1), a person convicted of a felony is prohibited from owning or possessing a firearm for a specific period. The length of the ban varies depending on the type of felony conviction.

• Mandatory Ban: 10 years from the date of release from imprisonment, supervision, or probation, or the date of completion of any sentence, whichever comes last (18 U.S.C. § 921(a)(20)(A)).
• 5-year Ban: 5 years from the date of release from imprisonment, supervision, or probation, or the date of completion of any sentence, whichever comes last, for non-violent felony convictions (18 U.S.C. § 921(a)(20)(B)).

What Felonies Are Included in the Ban?

Not all felony convictions lead to a firearms ban. Federal law specifies which felony offenses are covered:

• Crimes punishable by a term of imprisonment exceeding one year, such as murder, arson, or kidnapping (18 U.S.C. § 922(g)(1)).
• Drug-related felony convictions, including trafficking, possession, and distribution of controlled substances (21 U.S.C. § 841).

What Happens When the Ban Expiration Date Arrives?

Once the federal ban expires, the felon must:

• Apply for relief through the Federal Firearm License Review Division (FFLRD) (ATF Form 5320.23).
• Pay a $60 application fee.
• Submit supporting documents, such as proof of completion of sentence, employment, and proof of mental health treatment (if required).

The FFLRD will review the application and may grant relief if:

• The individual is rehabilitated and has not been convicted of any additional crimes.
• The individual can demonstrate good moral character.
• The individual has completed any required mental health treatment.

State-by-State Variation

While federal law provides a framework for gun possession restrictions, state laws can impose additional requirements. Some states:

• Impose longer bans than the federal minimum (e.g., California, 20 years).
• Allow early restoration of gun rights for non-violent felony convictions (e.g., Michigan).
• Have separate laws and procedures for expunging or sealing criminal records.

Sealing or Expunging a Felony Record

Sealing or expunging a felony record can impact the ban on gun ownership. Not all states offer expungement or sealing options, and the process is typically complex and requires a judge’s approval.

• Sealing: Removes access to public records, making it harder for potential employers or law enforcement to find the conviction (varies by state).
• Expungement: Automatically erases the conviction, restoring gun rights (few states offer expungement).

Consequences for Violating the Ban

Violating the federal or state firearms ban can lead to:

• Criminal charges, including a misdemeanor or felony.
• Revocation of any relief granted through the FFLRD process.
• Civil penalties, such as fines and attorney fees.

Conclusion

Regaining the right to own a gun as a felon requires patience, cooperation, and compliance with federal and state laws. By understanding the restrictions, bans, and state-specific laws, convicted felons can better navigate the process and work towards regaining their Second Amendment rights.

Timeline for Felons

Takeaways

• The length of the firearms ban for felons depends on the type of conviction and state laws.
• Federal and state laws regulate gun possession, and convicted felons must comply with both.
• The federal relief application process involves submission of supporting documents and payment of an application fee.
• State-specific laws and procedures may offer early restoration of gun rights or options for expungement or sealing criminal records.