Can You Buy a Gun with a Misdemeanor Possession?
In the United States, the process of buying a gun is governed by federal and state laws. While there are strict regulations in place to prevent individuals with criminal records from obtaining firearms, there is some confusion about whether a person with a misdemeanor possession conviction can buy a gun. In this article, we will explore the answer to this question and provide an overview of the relevant laws and regulations.
Can You Buy a Gun with a Misdemeanor Possession?
The short answer is: it depends. Federal law prohibits the sale of firearms to individuals who have been convicted of a misdemeanor crime of domestic violence, which includes simple possession of a controlled substance. However, not all misdemeanor possession convictions are the same, and some states have more lenient laws than others.
Federal Law
The Gun Control Act of 1968 (GCA) and the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 (NICS) require firearms dealers to conduct background checks on prospective buyers. The NICS system checks for certain criminal convictions, including misdemeanor possession of a controlled substance.
Misdemeanor Possession of a Controlled Substance
Under federal law, a misdemeanor possession conviction is considered a crime of domestic violence if it involves the use or threatened use of physical force against a spouse, intimate partner, or child. This includes simple possession of a controlled substance, such as marijuana or prescription drugs.
State Laws
State laws vary, and some states have more lenient laws than others. For example:
- California: A misdemeanor possession conviction for a controlled substance is not a disqualifying offense for gun ownership.
- Florida: A misdemeanor possession conviction for a controlled substance is not a disqualifying offense for gun ownership, unless it was committed within the previous 3 years.
- New York: A misdemeanor possession conviction for a controlled substance is a disqualifying offense for gun ownership.
What Does This Mean for Gun Buyers?
If you have a misdemeanor possession conviction, you may still be able to buy a gun, depending on the state and the specific circumstances of your conviction. Here are some key points to consider:
- Check Your State’s Laws: Each state has its own laws and regulations regarding gun ownership and possession. Check your state’s laws to see if a misdemeanor possession conviction is a disqualifying offense.
- Wait Periods: Some states have waiting periods for gun purchases, which can range from 3 to 10 days. During this time, the background check is conducted, and any disqualifying offenses are identified.
- Other Factors: In addition to the type of conviction, other factors may affect your ability to buy a gun, such as the length of time since the conviction, any subsequent convictions, and any evidence of rehabilitation.
Table: Misdemeanor Possession Convictions and Gun Ownership
| State | Misdemeanor Possession Conviction | Gun Ownership |
|---|---|---|
| California | Not a disqualifying offense | May still buy a gun |
| Florida | Not a disqualifying offense (within 3 years) | May still buy a gun |
| New York | Disqualifying offense | Cannot buy a gun |
Conclusion
In conclusion, the answer to the question "Can you buy a gun with a misdemeanor possession?" is complex and depends on the specific circumstances of your conviction and the state in which you reside. While federal law prohibits the sale of firearms to individuals with misdemeanor possession convictions involving domestic violence, state laws vary, and some convictions may not be disqualifying offenses.
Key Takeaways
- Federal law prohibits the sale of firearms to individuals with misdemeanor possession convictions involving domestic violence.
- State laws vary, and some states have more lenient laws than others.
- Check your state’s laws to see if a misdemeanor possession conviction is a disqualifying offense.
- Other factors, such as the length of time since the conviction and any subsequent convictions, may affect your ability to buy a gun.
Additional Resources
- National Rifle Association (NRA) – Gun Laws by State
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – Gun Control Act of 1968
- National Instant Criminal Background Check System (NICS) – Improvement Amendments Act of 2007
