Can a Convicted Felon Own a Gun in Alabama?
Direct Answer:
In Alabama, it is generally illegal for a convicted felon to own a gun. The state has strict laws governing the possession and ownership of firearms, and convicted felons are prohibited from owning or possessing firearms under federal and state law.
Federal Law:
Under federal law, it is illegal for a convicted felon to possess or own a firearm. The National Instant Criminal Background Check System (NICS) is used to screen potential gun buyers for criminal convictions, including felony convictions. If a convicted felon attempts to purchase a firearm, the NICS will flag the transaction, and the sale will be denied.
Alabama State Law:
Alabama has its own laws governing the possession and ownership of firearms. Under Alabama Code Section 13A-11-72, it is illegal for a person convicted of a felony to own or possess a firearm unless the person has been issued a certificate of relief by the court.
Certificate of Relief:
A certificate of relief is a document issued by the court that allows a convicted felon to own or possess a firearm. To be eligible for a certificate of relief, a convicted felon must have completed their sentence, including any probation or parole, and must not have been convicted of any other felony or misdemeanor involving the use or possession of a firearm.
Exceptions:
There are some exceptions to the rule that convicted felons cannot own a gun in Alabama. For example:
- Restored Rights: If a convicted felon has had their civil rights restored, they may be eligible to own a gun. Restoration of civil rights typically requires a petition to the court and a determination that the individual has shown good behavior and is rehabilitated.
- Veterans: Military veterans who have been convicted of a felony may be eligible to own a gun under federal law. The Veterans’ Second Amendment Protection Act, passed in 2017, prohibits the federal government from denying a veteran’s Second Amendment rights solely based on a prior felony conviction.
- Habitual Offenders: Habitual offenders, who have been convicted of three or more felonies, may be eligible to own a gun if they have been granted a certificate of relief by the court.
Consequences of Violating the Law:
Violating the law by possessing or owning a firearm as a convicted felon can have serious consequences. Under federal law, it is a felony to possess or own a firearm as a convicted felon, punishable by up to 10 years in prison. Under Alabama state law, it is a Class C felony to possess or own a firearm as a convicted felon, punishable by up to 10 years in prison and a fine of up to $15,000.
Table: Alabama Gun Laws for Convicted Felons
| Law | Penalty |
|---|---|
| Federal Law | Up to 10 years in prison |
| Alabama State Law | Up to 10 years in prison and a fine of up to $15,000 |
| Certificate of Relief | Required for convicted felons to own or possess a firearm |
Conclusion:
In conclusion, it is generally illegal for a convicted felon to own a gun in Alabama. Convicted felons must comply with federal and state laws governing the possession and ownership of firearms. While there are some exceptions, such as restoration of civil rights or veterans’ benefits, it is important for individuals to understand the law and comply with it to avoid serious consequences. If you are a convicted felon and are interested in owning a gun, it is recommended that you consult with an attorney to determine your eligibility and any necessary steps to take to comply with the law.
