Can a Felon Own a Shotgun in Alabama?
As a former inmate tries to reintegrate into society, one question that might puzzle him is whether he can still own a firearm, especially a shotgun. Alabama state law has its own guidelines when it comes to convicted felons’ gun rights. In this article, we’ll provide an answer to this critical question, focusing on shotgun ownership.
Criminal Law Basics
In Alabama, crimes of dishonesty and morally reprehensible offenses, as defined under Title 13A-6 of the Alabama Criminal Code, qualify as serious felonies that can prohibit firearm possession. These felony classes, detailed below:
• Class A Felony: Most severe crimes like murder, manslaughter, sexual offenses, and drug-related trafficking. Felons under Alabama code are prohibited from possessing a firearm for at least ten years from the completion of their sentence or their release on parole (Section 13A-11-730).
• Class B Felony: Offenses against individuals like aggravated assault, domestic violence, and certain white-collar crimes. Felons are disallowed from having a gun for ten years, counted from the sentence’s end or the conclusion of probation (Section 13A-11-73a).
• Class C Felony: Lower-tier felonies including, among others, controlled substances violation and certain driving under the influence (DUI) cases. Class C felonies carry five years of firearm prohibitions, as per Alabama code, commencing when the individual is released on probation (Section 13A-11-7-24a).
In this instance, we are mainly discussing the latter two classes: B and C felonies, for these are generally relevant for shotgun ownership regulations. Although we’ll reference A-Felony circumstances to acknowledge its significance within Alabama laws.
Federal Restrictions
Even if state law grants leniency to ex-convicts, there is a supplementary factor in federal law which needs careful attention. Pursuant to 18 USC Section 922(g) of the Federal Gun Control Act:
Any individual convicted in any court (within or outside the state), who has committed a serious offense, (excluding tax fraud and misdemeanor crime or the like, is an eligible offense) cannot have any firearm for ten (10) years, except during supervised probationary period less** than five years (specific case-by-case discretion reserved to the Courts).
Additionally, other conditions need fulfillment:
– Felony must be more than an average misdemeanor with specific intentionally causing severe injury or deadly result** within its penal provision.
- Such felony conviction includes: criminal code violations regarding assaultive/offensive and aggressive violations within the following context—crimes directed toward violence towards others such as a death penalty trial outcome by plea or judicial action within ten years subsequent after crime or conviction occurred** 15 years previous of actual trial date.
Please highlight relevant points regarding both of the above clauses since any disqualification arises either.
Note: Under Title 13A of Alabama laws: "Prohibiting of Possessing/Transporting Arms (Alarming/Impersonation)." In Title 22: "Gambling/Suspending Liquor Regulation"; Title 12/28: Motor Vehicles Driving & Traffic Controls), etc.)
