What State Can a Felon Own a Gun?
As a convicted felon, owning a gun is generally prohibited under federal law. However, some states may have specific laws that permit felons to own a gun, with certain conditions and restrictions. In this article, we will delve into the nuances of firearms ownership for felons across the United States.
Contents
Federal Laws Prohibiting Gun Ownership for Felons
The Gun Control Act of 1968 and the Federal Gun Free School Zones Act of 1990 prohibited felons from owning firearms. According to 18 U.S. Code § 922(g), felons are restricted from "possessing, selling, or intending to sell a firearm" while under conviction for, or convicted of, a felony or domestic violence charge.
Important Point:
Even if a felony conviction has been expunged or sealed, a felon still remains prohibited from owning a gun under federal law.
State Laws Regarding Gun Ownership for Felons
While federal laws prohibit felons from owning guns, some states may have specific laws that allow them to do so. As of 2022, 33 states have specific laws permitting felons to own firearms with certain restrictions. The laws vary among states, with some being more permissive than others.
| State | Provision for Gun Ownership for Felons |
|---|---|
| Alabama | Certain felonies allow gun ownership with a restored right |
| Arizona | Allows gun ownership for some felony convictions with a waiver |
| Arkansas | No specific law restricting gun ownership for felons |
| California | Specific laws for some felony convictions, requires rehabilitation |
| Connecticut | No gun ownership for felony convictions |
Some states require felons to:
• Serve their sentence, including any probation or parole, before owning a gun
• Complete rehabilitation programs to demonstrate reintegration into society
• Obtain a waiver or permit from the court or authorities to own a gun
Conditions and Restrictions for Gun Ownership by Felons in Certain States
When it comes to gun ownership, felons in these states may need to satisfy certain conditions:
• Good behavior for a specific period after release from incarceration
• Participate in rehabilitation programs to demonstrate a change in behavior
• Maintain good standing with authorities, free from criminal charges or arrests
• Obtain a court-approved permit or waiver, requiring a criminal background check and approval by a judge or authorities
Examples of States Where Felons May Own a Gun
• Washington: Certain felonies allow gun ownership, including second-degree possession and delivery of a controlled substance.
• Wisconsin: A felon can own a gun if the crime was related to drugs and the convict has been in compliance with court orders.
• Oklahoma: The state permits felons to own firearms after completing a rehabilitation program.
Important Point:
Even with state permission, felons may still be subject to federal gun ownership restrictions or other laws prohibiting them from owning or possessing firearms.
Conclusion: A Felon’s Limited Options
While some states permit felons to own guns with certain restrictions, the overwhelming majority prohibit gun ownership due to the seriousness of a felony conviction. Felons should familiarize themselves with the laws in their jurisdiction and adhere to any restrictions or requirements set forth to avoid potential legal consequences.
