What Does the Constitution Say About Felons Owning Guns?
The Second Amendment to the United States Constitution guarantees the right to keep and bear arms to all citizens. However, there is a significant exception to this right: felons. The question of whether felons can own guns is a complex one, and the answer lies in a combination of constitutional provisions, federal laws, and state regulations.
The Second Amendment
The Second Amendment states: "A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." This amendment is often interpreted as guaranteeing an individual’s right to own and carry firearms for self-defense, hunting, and other lawful purposes.
The 14th Amendment
The 14th Amendment, which was ratified in 1868, prohibits states from denying any person "the equal protection of the laws." This amendment was enacted to ensure that former slaves were granted the same rights as white citizens. However, it also has implications for the right to bear arms.
The Federal Gun Control Act of 1968
The Federal Gun Control Act of 1968, also known as the Gun Control Act (GCA), was enacted in response to the assassinations of President John F. Kennedy and Martin Luther King Jr. The GCA prohibited the sale or transfer of firearms to "any person who has been convicted of a felony or a misdemeanor crime of domestic violence." This provision was intended to prevent felons from accessing firearms and to reduce gun violence.
The Firearm Owners Protection Act of 1986
The Firearm Owners Protection Act (FOPA) of 1986 was enacted to reform the Gun Control Act and to address concerns about gun ownership and Second Amendment rights. The FOPA prohibited the sale or transfer of firearms to "any person who has been convicted of a felony or a misdemeanor crime of domestic violence." However, the FOPA also exempted certain individuals, such as law enforcement officers and retired military personnel, from this prohibition.
State Laws
While federal law prohibits felons from owning guns, state laws may vary. Some states, such as California, Florida, and New York, have stricter laws that prohibit felons from owning guns even after they have completed their sentences. Other states, such as Alaska and Arizona, have more lenient laws that allow felons to own guns after a certain period of time has passed since their conviction.
Key Takeaways
Here are the key takeaways from the discussion above:
- The Second Amendment guarantees the right to keep and bear arms, but it does not explicitly address the issue of felons owning guns.
- The 14th Amendment prohibits states from denying any person the equal protection of the laws, which has implications for the right to bear arms.
- The Federal Gun Control Act of 1968 and the Firearm Owners Protection Act of 1986 prohibit the sale or transfer of firearms to felons and individuals who have been convicted of a misdemeanor crime of domestic violence.
- State laws may vary, with some states having stricter laws and others having more lenient laws.
Conclusion
In conclusion, the constitution does not explicitly address the issue of felons owning guns. However, federal law and state regulations prohibit felons from owning guns, with some exceptions. The Second Amendment guarantees the right to keep and bear arms, but it does not override federal and state laws that prohibit felons from owning guns. It is important for individuals to understand the laws and regulations in their state and to comply with them.
Table: Federal and State Laws Regarding Felons and Gun Ownership
| Federal Law | State Law |
|---|---|
| Prohibits sale or transfer of firearms to felons | Varies by state |
| Prohibits sale or transfer of firearms to individuals who have been convicted of a misdemeanor crime of domestic violence | Varies by state |
| Exempts law enforcement officers and retired military personnel from prohibition | Varies by state |
Additional Resources
- National Rifle Association (NRA): www.nra.org
- Gun Owners of America (GOA): www.gunowners.org
- Brady Campaign to Prevent Gun Violence: www.bradyunited.org
- Federal Bureau of Investigation (FBI): www.fbi.gov
References
- U.S. Constitution, Amendment II
- U.S. Constitution, Amendment XIV
- Federal Gun Control Act of 1968, 18 U.S.C. § 922(g)
- Firearm Owners Protection Act of 1986, 18 U.S.C. § 922(d)
- National Rifle Association (NRA), "The Second Amendment" www.nra.org/Second-Amendment
- Gun Owners of America (GOA), "Gun Control" www.gunowners.org/gun-control
- Brady Campaign to Prevent Gun Violence, "Felons and Guns" www.bradyunited.org/felons-and-guns
