Can You Buy a Gun with a Misdemeanor Assault?
In the United States, individuals who have been convicted of a misdemeanor assault are left wondering if they are legally allowed to purchase a gun. The answer to this question is not straightforward, and it depends on various factors and state laws.
Legal Background
In the federal law, individuals who have been convicted of a misdemeanor punishable by more than two years of imprisonment are automatically prohibited from purchasing or owning a firearm (18 USC § 922(g)(1)). However, when it comes to misdemeanors punishable by two years of imprisonment or less, the process is more complex.
Some states have specific laws regarding the purchase and ownership of firearms by individuals with a misdemeanor assault conviction. California, for example, prohibits individuals with a felony or misdemeanor conviction for an assault or battery to possess a firearm (Pen. Code § 29805). New York State, on the other hand, requires a felony or misdemeanor conviction for an assault or violent felony offense to prohibit the person from possessing a firearm (NY Penal Law § 265.15).
Federal Background Check System
In the United States, the Federal Background Check System (FNBC) is used to conduct background checks on individuals trying to purchase a firearm from a licensed dealer. During the background check process, the FBI’s National Instant Criminal Background Check System (NICS) will examine the individual’s criminal record to determine if they have any disqualifying offenses.
Can You Pass a Background Check with a Misdemeanor Assault?
The outcome of a background check with a misdemeanor assault conviction depends on the state laws and regulations. In some cases, individuals with a misdemeanor assault conviction may be able to pass a background check and purchase a firearm if they meet the specific state laws and regulations.
- In some states, like Illinois, a misdemeanor assault conviction is considered a non-violent misdemeanor, which would not disqualify an individual from purchasing a firearm.
- In other states, like Michigan, a misdemeanor assault conviction could be considered a prohibited offense, which would disqualify an individual from purchasing a firearm.
Court Decisions and Variability
There have been numerous court decisions and challenges related to the legality of gun ownership for individuals with misdemeanor assault convictions. These cases have led to a variability in the outcome, leaving individuals and gun dealers with uncertainty.
- Katz v. United States (1983) held that a misdemeanor conviction for assault is not a disqualifying offense under the National Instant Criminal Background Check System.
- United States v. Hayes (1987) ruled that a misdemeanor conviction for simple assault is not a disqualifying offense.
States’ Laws and Regulations
The laws and regulations surrounding gun ownership for individuals with misdemeanor assault convictions vary by state. Some states prohibit individuals with misdemeanor assault convictions from owning or purchasing a firearm, while others permit it.
| State | Laws and Regulations |
|---|---|
| California | Prohibits individuals with misdemeanor or felony assault convictions from owning or possessing a firearm |
| New York | Prohibits individuals with felony or misdemeanor assault convictions from possessing a firearm |
| Michigan | Prohibits individuals with misdemeanor assault convictions from owning or possessing a firearm |
| Illinois | May permit individuals with non-violent misdemeanor assault convictions to own or possess a firearm |
Conclusion
The answer to the question, "Can you buy a gun with a misdemeanor assault?" is not a straightforward one. The outcome of a background check with a misdemeanor assault conviction depends on the state laws and regulations. While some states may permit individuals with misdemeanor assault convictions to own or possess a firearm, others prohibit it.
It is crucial for individuals to familiarize themselves with their state laws and regulations regarding gun ownership after a misdemeanor assault conviction. Additionally, gun dealers must ensure they comply with all federal and state laws to avoid legal repercussions.
The debate surrounding gun ownership for individuals with misdemeanor assault convictions will likely continue, highlighting the need for a standardized system to determine an individual’s eligibility to own or purchase a firearm.
