Can a Felon Get His Gun Rights Back?
The right to bear arms is a cherished American freedom, but not all individuals have the legal ability to exercise this right. Felons, convicted of a felony, forfeit their right to possess or purchase firearms. Under federal law, only the President or the head of the Department of Justice may restore the right of an individual who has lost it due to a federal felony conviction. Therefore, the question remains – can a felon get their gun rights back?
Contents
Why Do Felons Lose Their Gun Rights?
Individuals who have been convicted of a felony are deprived of their right to possess, sell, or transfer a firearm under federal law (18 U.S.C § 922(g)). The purpose of this limitation is to protect society and ensure public safety by preventing individuals who have engaged in criminal behavior from illegally obtaining or using firearms to harm others.
Types of Felonies That Automatically Revoke Gun Rights
Not all felony convictions result in an automatic loss of gun rights. However, most felonies that involve physical harm or the threat of physical harm to another, including violent crimes, criminal possession of a weapon, and drug-related offenses automatically revoke an individual’s gun rights. Some specific examples of felonies that can result in the revocation of gun rights include:
• Murder: First-degree murder (homicide) resulting in the death of an individual
• Drug Trafficking: Trafficking controlled substances, including distributing, manufacturing, or engaging in the sale of marijuana, cocaine, heroin, and other drugs
• Assault: Committed with the intent to commit a felony, violent crimes, or threats involving a weapon
• Arson: Intentionally setting fire to any building, property, or forest
• Other crimes: Felonious use of a weapon (e.g., brandishing, discharging, and pointing), as well as any crime involving the unlawful possession, use, distribution, or sale of prohibited firearms or accessories
Felonies that May Not Automatically Revoke Gun Rights
Some felony convictions do not automatically revoke gun rights. These might include:
• Misdemeanor battery: Non-violent charges related to physical altercations
• Crimes of moral turpitude: Misdemeanors involving moral or religious violations, such as fraudulent activity or disorderly conduct
• White collar crimes: Non-violent, financial crimes, including embezzlement or tax evasion
How Can a Felon Get Their Gun Rights Back?
For a felon to legally possess or purchase a firearm, they must have their gun rights restored either by the President or through a state-specific process. Here are the specific ways a felon can legally regain their gun rights:
Federal Restoration
Individuals who have had their gun rights restored by federal law can possess or transfer firearms. To pursue federal restoration, a felons must:
- Be pardoned by the President or have their pardoned by the Governor and granted a Certificate of Eligibility
- Have expunged their felony convictions or have the conviction nullified
- Have federal sentencing guidelines and regulations comply with the requirements for restitution, fines, and taxes
- Demonstrate exemplary conduct and behavior for five years after their release or the completion of their sentences
State-Specific Restoration
Some states have laws that specifically restore gun rights to eligible individuals. These conditions might include:
• Waiting periods: Between five to 10 years after the completion of one’s sentence
• Behavioral requirements: Complete treatment programs, counseling, or community service
• Criminal record suppression: Have certain criminal record convictions expunged
Table 1: State-Specific Restoration of Gun Rights After a Felony Conviction
| State | Waiting Period/Conditions | Eligibility Requirement |
|---|---|---|
| Alabama | 2-5 years | Apply for restoration with the governor’s office |
| Arkansas | None | Apply for restoration through the state’s Parole Board |
| Indiana | 5-year waiting period | Apply through the state’s Bureau of Motor Vehicles |
| Michigan | 8-year waiting period | Restore by the Michigan Parole Board |
| West Virginia | 15-year waiting period | Complete community service and apply |
Conclusion
In the United States, felons are prohibited from possessing firearms under federal law. To legally regain their gun rights, individuals must have either their federal or state-based gun rights restored. There are specific requirements and timeframes for each process. By understanding the laws regarding felon gun rights restoration, individuals can navigate the pathway to regaining their fundamental right to bear arms responsibly.
