Can You Buy a Gun with a Pending Felony?
Title: Can You Buy a Gun with a Pending Felony?
For many individuals, the notion of owning a firearm raises concerns about the legal boundaries and restrictions. One commonly asked question is whether you can buy a gun while having a pending felony. In this article, we will delve into the subject, exploring the legal aspect and providing answers to commonly asked questions.
A Direct Answer to the Question
No, You Cannot Buy a Gun with a Pending Felony.
The Federal Gun Ban, enacted in 1994, prohibits the purchase, sale, or ownership of firearms by individuals convicted of a felony or domestic violence. Additionally, even if you have a pending felony charge, you may not be allowed to possess or purchase a firearm during the pendency of that charge.
Why Does the Law Prohibit Guns for Felony Charges?
The primary purpose of gun control laws is to enhance public safety by preventing certain individuals from possessing firearms that could potentially harm themselves, others, or the wider community. The laws are implemented to ensure that individuals involved in criminal activities, specifically those with a history or pending charges for violent felonies, do not obtain access to weapons that may be used to commit future crimes.
What Makes a Felony Charge Qualify for Gun Prohibitions?
In general, any felony charge where the underlying conduct involves force, violence, or domestic violence can result in automatic disqualification to own or possess a firearm. Examples of such crimes include:
• Murder (first-degree or second-degree)
• Manslaughter (voluntary or involuntary)
• Aggravated battery
• Rape
• Robbery (with force or threat of force)
• Domestic violence
Which States Have More Lenient Gun Laws?
Some states have more lenient gun laws, which may allow felons to possess firearms sooner than others. However, it is essential to note that these laws only apply to state-specific issues and do not automatically override federal gun laws, which remain stricter.
Currently, the following states allow felons to purchase or possess firearms after the completion of their sentence:
| State | Mandatory Waiting Period | Background Checks |
|---|---|---|
| Idaho | 5 years (for violent felons) | Required |
| Oregon | 10 years | Required |
| Utah | 5 years (for violent felons) | Required |
| Wyoming | 5 years (for violent felons) | Required |
What Does the Future Hold for Those with Pending Felony Charges?
Individuals charged with a felony, or those who have a pending felony charge, must adhere to current gun laws. If an individual is convicted of the pending felony charge, they will face automatic federal disqualification to possess or purchase a firearm under the Federal Gun Ban. Even if the individual remains under a pending charge for an extended period, any conviction will trigger the necessary legal action.
Implications for Gun Ownership During the Pendency of the Charge
During the pendency of the pending felony charge, the following applies:
• Individuals with a pending felony charge cannot purchase a firearm.
• Individuals with a pending felony charge cannot possess a firearm.
• If an individual is found in possession of a firearm while having a pending felony charge, it may be considered a new criminal offense, potentially with more severe penalties.
Conclusion
In summary, you cannot buy a gun with a pending felony. Federal gun laws prohibit the possession or ownership of firearms by individuals who have been convicted of certain crimes, including felonies. Additionally, even the pendency of a felony charge can disqualify an individual from owning or possessing a firearm. This article aims to provide you with a comprehensive understanding of the legal aspects surrounding firearm ownership and pending felony charges.
