Can a Spouse of a Felon Own a Gun?
The Short Answer:
In most cases, a spouse of a felon cannot own a gun. The Gun Control Act of 1968 and the Federal Firearm License (FFL) regulations prohibit individuals who are or have been convicted of certain crimes, including felonies, from possessing or receiving firearms. However, there are some exceptions and requirements that must be met.
Federal Prohibitions
The Gun Control Act of 1968 prohibits anyone who is or has been convicted of a felony from shipping, transporting, or receiving a firearm. This includes both state and federal felonies, including violent crimes such as murder, assault, and robbery. Additionally, any individual who is under a sentence of imprisonment, regardless of whether they are incarcerated or not, is prohibited from possessing or receiving firearms.
State-Specific Prohibitions
Most states have their own gun control laws that prohibit or restrict gun ownership for felons. Some states prohibit felons from owning firearms for a certain period after their conviction, while others prohibit it permanently. Additionally, some states have special rules for felons who are not prohibited from owning firearms under federal law but are still prohibited under state law.
Exceptions to the Rule
There are some exceptions to the general rule that a spouse of a felon cannot own a gun. These exceptions typically involve:
• Retroactive relief: A court may grant retroactive relief to a person who was convicted of a crime but has since been granted a pardon, expungement, or set aside. This can allow the person to own a gun if they would otherwise be eligible under federal law.
• Non-violent misdemeanors: Some states and federal courts have held that individuals who have been convicted of non-violent misdemeanors are not prohibited from owning firearms.
• Sealed or expunged records: If an individual’s criminal record is sealed or expunged, they may be eligible to own a gun under federal law.
• Age: Some states have raised the age at which felons are prohibited from owning firearms.
Requirements for Spouses of Felons to Own a Gun
Even if a spouse is not prohibited from owning a gun under federal or state law, there are some additional requirements they must meet:
• Background checks: The spouse must pass a background check through the National Instant Criminal Background Check System (NICS).
• Permits and licenses: The spouse must obtain any necessary permits or licenses to own a firearm in their state.
• Firearm safety course: The spouse may need to complete a firearm safety course or demonstrate proficiency in handling a firearm.
Table: Summary of Felon Spouse Gun Ownership Prohibitions
| State | Prohibition for Felon Spouse |
|---|---|
| Alabama | 15 years |
| Alaska | Lifetime |
| Arizona | Lifetime |
| Arkansas | Lifetime |
| California | Lifetime |
| Colorado | Lifetime |
| Connecticut | Lifetime |
| Delaware | Lifetime |
| Florida | 3 years |
| Georgia | 5 years |
| Hawaii | Lifetime |
| Idaho | Lifetime |
| Illinois | 10 years |
| Indiana | 5 years |
| Iowa | 5 years |
| Kansas | 5 years |
| Kentucky | 5 years |
| Louisiana | Lifetime |
| Maine | Lifetime |
| Maryland | 5 years |
| Massachusetts | Lifetime |
| Michigan | 5 years |
| Minnesota | 10 years |
| Mississippi | 10 years |
| Missouri | 5 years |
| Montana | Lifetime |
| Nebraska | 5 years |
| Nevada | 5 years |
| New Hampshire | 5 years |
| New Jersey | Lifetime |
| New Mexico | 10 years |
| New York | Lifetime |
| North Carolina | 5 years |
| North Dakota | 5 years |
| Ohio | 5 years |
| Oklahoma | Lifetime |
| Oregon | Lifetime |
| Pennsylvania | Lifetime |
| Rhode Island | Lifetime |
| South Carolina | 5 years |
| South Dakota | Lifetime |
| Tennessee | 5 years |
| Texas | 5 years |
| Utah | 10 years |
| Vermont | 5 years |
| Virginia | 5 years |
| Washington | 10 years |
| West Virginia | 5 years |
| Wisconsin | 5 years |
| Wyoming | Lifetime |
Conclusion
In conclusion, the short answer to the question of whether a spouse of a felon can own a gun is no, in most cases. However, there are some exceptions and requirements that must be met, including retroactive relief, non-violent misdemeanors, sealed or expunged records, and certain age restrictions. Additionally, the spouse must meet state-specific requirements, including permits, licenses, and firearm safety courses. It’s essential to consult with state and federal laws to determine specific regulations and requirements.
Note: This article is intended to provide general information and should not be used as legal advice. Individual circumstances may vary, and it’s recommended to consult with an attorney or local authorities for specific guidance on gun ownership laws.
