Can a Felon be Around a Person with a Gun?
As a general rule, a felon in the United States is not legally allowed to possess or handle a firearm. However, there are certain circumstances in which a felon may be allowed to be around someone who has a gun, as long as they meet specific requirements and follow legal guidelines.
Felon In Possession of Firearm (FIPF) Law
The federal law known as the Felon in Possession of Firearm (FIPF) Law, 18 U.S.C. § 922(g)(1), prohibits any person who has been convicted of a felony from owning, possessing, or controlling a firearm or ammunition.
Federal vs. State Laws
While federal law prohibits felons from owning or possessing firearms, each state has its own laws regarding gun ownership and possession by felons. Some states have stricter laws than federal law, making it illegal for felons to even be around a person with a gun. Other states have less restrictive laws, allowing felons to possess firearms if they have a permit or have completed a certain rehabilitation program.
Consequences of Violating FIPF Law
If a felon is found to be in possession of a firearm or ammunition, they can face severe consequences, including:
- Federal Charges: Up to 10 years in prison and/or a fine
- State Charges: Up to 10 years in state prison and/or a fine
- Loss of Civil Rights: Felons who violate the FIPF law may lose their right to vote, own a gun, or possess a gun
Exception to the Rule
While the general rule is that felons cannot possess firearms, there are some exceptions to the rule, including:
- Certain Felony Convictions: Felons who have been convicted of non-violent, non-drug related felonies may be able to possess firearms after completing their sentence and meeting specific requirements
- Felon Who Has Completed Probation or Parole: Felons who have completed their probation or parole and have been crime-free for a certain period of time may be able to possess firearms
- Felon Who Has Been Legally Cleared: Felons who have been cleared of their felony conviction through an expungement or record sealing process may be able to possess firearms
What to Do if a Felon is Around Someone with a Gun
If a felon is around someone with a gun, the following steps should be taken:
- Contact Local Law Enforcement: If a felon is caught in the act of handling a firearm, contact local law enforcement immediately
- Document the Incident: Take photographs and collect witness statements to document the incident
- Report the Incident to the FBI: If the incident involves a federal crime, report it to the FBI
Table: Felon Ownership of Firearms by State
| State | Felon Ownership of Firearms Allowed | Conditions/Exceptions |
|---|---|---|
| Alabama | Yes | Permit required |
| Alaska | Yes | Background check required |
| Arizona | Yes | Permit required |
| California | No | Illegal to possess a firearm, regardless of felony conviction |
| Colorado | Yes | Permit required, completion of rehabilitation program |
| Florida | Yes | Permit required, completion of rehabilitation program |
| Illinois | No | Illegal to possess a firearm, regardless of felony conviction |
| Indiana | Yes | Permit required |
| Michigan | Yes | Permit required |
| New York | No | Illegal to possess a firearm, regardless of felony conviction |
| Ohio | Yes | Permit required, completion of rehabilitation program |
| Pennsylvania | Yes | Permit required, completion of rehabilitation program |
| Texas | Yes | Permit required, completion of rehabilitation program |
| Washington | No | Illegal to possess a firearm, regardless of felony conviction |
Conclusion
In conclusion, while it is generally illegal for felons to possess or handle firearms, there are certain exceptions and circumstances in which a felon may be allowed to be around someone who has a gun. It is essential for both felons and non-felons to understand and comply with federal and state laws regarding gun ownership and possession.
