Can a Nonviolent Felon Own a Gun?
Direct Answer:
It is illegal for a nonviolent felon to own a gun in most states, but the situation is complex and can vary depending on the individual’s circumstances.
What is a Felon?
A felony is a serious crime, typically punishable by more than one year in prison. In the United States, a convicted felon is someone who has been found guilty of a felony and has been sentenced accordingly.
What is Nonviolent?
Nonviolent crimes are offenses that do not involve physical harm, threat, or force towards another person. Examples of nonviolent crimes include:
• Possession of a controlled substance (drugs)
• Fraud
• Embezzlement
• Tax evasion
• Theft
Felon in Possession of a Firearm Laws
The felon in possession of a firearm (FOPF) law prohibits convicted felons from owning, possessing, or controlling a firearm, including:
• Handguns
• Rifles
• Shotguns
• Machine guns
• Semiautomatic firearms
• Silencers
The FOPF law was enacted in 1986 as part of the Anti-Drug Abuse Act to prevent felons from continuing to engage in criminal activities, including drug trafficking.
States with Exceptions for Nonviolent Felons
Some states have exceptions or special laws that allow nonviolent felons to own a gun. These laws vary, but in general, they require the convicted felon to:
• Demonstrate good behavior and conduct for a certain period, usually 5-10 years
• Complete probation or parole without incident
• Not have any additional criminal charges or convictions
The following states have such laws:
• Arkansas: Nonviolent felons can own a gun after 10 years
• Florida: Nonviolent felons can own a gun after 8 years
• Kansas: Nonviolent felons can own a gun after 5 years
• Montana: Nonviolent felons can own a gun immediately
• Oklahoma: Nonviolent felons can own a gun after 5 years
• South Dakota: Nonviolent felons can own a gun after 5 years
• West Virginia: Nonviolent felons can own a gun after 5 years
Court Decisions and Rulings
The 5th Circuit Court of Appeals and the 11th Circuit Court of Appeals have both ruled that the FOPF law does not impose a lifetime ban on the possession of firearms for nonviolent felons.
The 9th Circuit Court of Appeals, on the other hand, has held that the FOPF law is constitutional and can be applied to nonviolent felons.
Penalties for Illegal Gun Possession
The penalties for illegal gun possession as a nonviolent felon can include:
• Fine: $10,000 to $100,000
• Imprisonment: 5 to 30 years
• Mandatory restitution: Payment to the government or victims
Rehabilitation and Restoration
Many advocacy groups and individuals argue that nonviolent felons should have the right to own a gun once they have completed their sentence and demonstrated good behavior.
Restoration of Civil Rights
Some states restore the civil rights of convicted felons, including the right to vote, run for office, and own a gun. The restoration process varies by state.
Conclusion
In conclusion, while it is illegal for most nonviolent felons to own a gun, there are exceptions and special laws that allow nonviolent felons to own a gun in some states. The situation is complex, and the penalties for illegal gun possession can be severe. Ultimately, rehabilitation and restoration of civil rights are essential for second chances and redemption.
References:
- 18 U.S. Code § 922(g)
- Federal Law: 18 U.S. Code § 924(e)
- State Laws: Varies by state
- Case Law: Varies by circuit court
- Restorative Justice Organizations: Various
