Can a Person with a Misdemeanor Get a Gun?
In the United States, the right to bear arms is protected by the Second Amendment to the Constitution. However, the ease with which an individual can obtain a gun can depend on their criminal history, including misdemeanors. If you have a misdemeanor conviction on your record, it may affect your ability to purchase or possess a firearm.
Direct Answer
In general, a person with a misdemeanor conviction can still obtain a gun, but it depends on the specific circumstances of the case and the laws of the state where they reside.
Federal Law
The federal government prohibits certain individuals from possessing firearms, including those who have been convicted of a misdemeanor crime of domestic violence. Title 18, Section 922(g)(9) of the United States Code states that a person who has been convicted of a misdemeanor crime of domestic violence is prohibited from shipping, transporting, possessing, or receiving a firearm.
However, not all misdemeanor convictions are considered domestic violence, and not all states prohibit individuals with misdemeanor convictions from possessing firearms.
State Laws
State laws vary widely regarding the possession of firearms by individuals with misdemeanor convictions. Some states may prohibit individuals with certain misdemeanor convictions from possessing firearms, while others may not have any restrictions.
Example of State Laws
| State | Misdemeanor Convictions that Prohibit Gun Ownership |
|---|---|
| California | Any misdemeanor involving domestic violence, child abuse, or elder abuse |
| Florida | Misdemeanors involving domestic violence, assault, or battery |
| New York | Misdemeanors involving domestic violence, harassment, or stalking |
| Texas | Misdemeanors involving domestic violence, assault, or battery |
In some states, the misdemeanor conviction must have occurred within a certain time period or must have involved certain specific circumstances to be considered disqualifying.
Non-Violent Misdemeanors
Not all misdemeanor convictions are considered violent or domestic violence-related. Non-violent misdemeanors, such as disorderly conduct or petty theft, may not prohibit an individual from possessing a firearm.
Restoration of Rights
In some cases, an individual with a misdemeanor conviction may be able to have their rights restored. This can involve seeking a pardon or expungement of the conviction, which can vary by state.
Pardons
A pardon is a formal forgiveness of a crime and can restore an individual’s right to possess a firearm. However, the process of obtaining a pardon can be lengthy and may involve a hearing before a governor or other high-ranking official.
Expungement
Expungement involves sealing or destroying a criminal record, which can make it difficult for law enforcement to access the information. Some states allow individuals to expunge certain misdemeanor convictions, which can restore their right to possess a firearm.
Conclusion
In conclusion, a person with a misdemeanor conviction can still obtain a gun, but it depends on the specific circumstances of the case and the laws of the state where they reside. Non-violent misdemeanors and certain states may not prohibit an individual from possessing a firearm. However, it is essential to note that federal law prohibits certain individuals with misdemeanor convictions from possessing firearms, and state laws can vary widely.
