Can a non-violent felon buy a gun?
The second amendment of the United States Constitution guarantees the right of citizens to keep and bear arms. However, owning a gun is subject to certain restrictions, especially for individuals with a criminal past. A non-violent felon, in particular, may face challenges in buying a gun. But are they completely barred from acquiring one?
Background on Felonies and the Right to Bear Arms
A felony is a type of serious crime punishable by more than one year of imprisonment. In the eyes of the law, anyone convicted of a felony loses their right to own firearms. This is enshrined in federal law and is applicable to all 50 states.
What is a Felony?
A felony is typically distinguished from a misdemeanor by the severity of the punishment involved. While misdemeanors often carry penalties of up to one year in prison and/or fines, felonies can result in prison terms of more than a year.
The Lifetime Ban on Gun Ownership**
The federal government places a lifetime ban on gun ownership for individuals convicted of violent felonies. **Lautenberg Amendment** passed in 1996 is a federal law that forbids individuals convicted of any crime involving the use of physical force, threat, or violence against another human being from owning, shipping, transporting, or possession of a firearm or ammo.
**Non-Violent Felonies vs. Violent Felonies**
Not all felons are created equal when it comes to gun rights. Non-violent felony convictions, such as larceny, burglary, or drug-related crimes, do not necessarily lead to a lifetime ban on owning a gun. However, the road to rekindling gun ownership is lengthier and more challenging compared to individuals with no prior criminal record.
**Obtaining a Firearms Restraining Order**
To recover their right to own guns, non-violent felons must first secure a firearms restraining order. Also known as a domestic relations restraining order, this paperwork is used to restrict or prohibit someone from accessing weapons due to concerns for immediate harm or danger. Judges can issue these orders proactively or upon the filing of a petition.
|h| | | | **Restraining Order Options for Non-Violent Felons** | |
|-| **Option**| **Eligibility Requirements**| **Effect of Restraining Order** |
|—|—————————–|—————————|
| 1| Protection by a judge| Aged 18 or above or emancipated| Prohibition on firearm possession and control |
| 2| Protection by a domestic relationships court| Aged 18 or above or emancipated| Prohibition on firearm possession and control|
| 3| Request by a law enforcement or a state attorney general (in certain states)| Depends on state laws| Optional, may lead to felony charges if violated|
Obtaining a restraining order is the first step to regaining gun rights after a non-violent felony conviction. However, simply having the order is no guarantee of regaining their right to own guns, as subsequent steps and certifications are required.
Certification Requirements to Reclaim Gun Ownership Rights**
After securing a restraining order, non-violent felons must satisfy stricter certification requirements to recover their right to own firearms.
**Federal Certification: Taxpayer Identification Number and fingerprints**
Non-violent felons must provide their:
* **Taxpayer Identification Number (TIN),** which can be in the form of a driver’s license, passport, or social security card. This ensures the government verifies their identity.
* Fingerprinting: law enforcement agencies must take the convicted felon’s fingerprints for transmission to the FBI.
