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Can felon own gun?

Can Felons Own Guns?

The question of whether a felon can own a gun is a complex and controversial one. In the United States, the laws surrounding gun ownership are governed by federal and state laws, which can be confusing and often contradictory. In this article, we will delve into the details of the laws and regulations surrounding gun ownership for felons.

Federal Laws

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Under federal law, it is illegal for a convicted felon to possess a firearm. The Gun Control Act of 1968 prohibits the sale, transfer, or possession of firearms to anyone who has been convicted of a felony. This law applies to all felons, regardless of the type of felony they were convicted of.

Federal Statutes

The following federal statutes specifically prohibit felons from owning guns:

  • 18 U.S.C. § 922(g): This statute prohibits the sale, transfer, or possession of firearms to anyone who has been convicted of a felony.
  • 18 U.S.C. § 924(e): This statute prohibits the possession of a firearm by a person who has been convicted of a felony and has been sentenced to a term of imprisonment exceeding one year.

State Laws

While federal law prohibits felons from owning guns, state laws can vary. Some states have laws that are more restrictive than federal law, while others have laws that are less restrictive. In some states, felons may be able to own guns after a certain amount of time has passed since their conviction, while in other states, they may never be able to own a gun.

State-by-State Breakdown

Here is a breakdown of the laws in each state regarding gun ownership for felons:

StateLawTimeframe for Ownership
AlabamaProhibits felons from owning gunsN/A
AlaskaProhibits felons from owning gunsN/A
ArizonaProhibits felons from owning gunsN/A
ArkansasProhibits felons from owning gunsN/A
CaliforniaProhibits felons from owning gunsN/A
ColoradoProhibits felons from owning gunsN/A
ConnecticutProhibits felons from owning gunsN/A
DelawareProhibits felons from owning gunsN/A
FloridaProhibits felons from owning guns3 years after completion of sentence
GeorgiaProhibits felons from owning gunsN/A
HawaiiProhibits felons from owning gunsN/A
IdahoProhibits felons from owning gunsN/A
IllinoisProhibits felons from owning gunsN/A
IndianaProhibits felons from owning gunsN/A
IowaProhibits felons from owning gunsN/A
KansasProhibits felons from owning gunsN/A
KentuckyProhibits felons from owning gunsN/A
LouisianaProhibits felons from owning gunsN/A
MaineProhibits felons from owning gunsN/A
MarylandProhibits felons from owning gunsN/A
MassachusettsProhibits felons from owning gunsN/A
MichiganProhibits felons from owning gunsN/A
MinnesotaProhibits felons from owning gunsN/A
MississippiProhibits felons from owning gunsN/A
MissouriProhibits felons from owning gunsN/A
MontanaProhibits felons from owning gunsN/A
NebraskaProhibits felons from owning gunsN/A
NevadaProhibits felons from owning gunsN/A
New HampshireProhibits felons from owning gunsN/A
New JerseyProhibits felons from owning gunsN/A
New MexicoProhibits felons from owning gunsN/A
New YorkProhibits felons from owning gunsN/A
North CarolinaProhibits felons from owning gunsN/A
North DakotaProhibits felons from owning gunsN/A
OhioProhibits felons from owning gunsN/A
OklahomaProhibits felons from owning gunsN/A
OregonProhibits felons from owning gunsN/A
PennsylvaniaProhibits felons from owning gunsN/A
Rhode IslandProhibits felons from owning gunsN/A
South CarolinaProhibits felons from owning gunsN/A
South DakotaProhibits felons from owning gunsN/A
TennesseeProhibits felons from owning gunsN/A
TexasProhibits felons from owning gunsN/A
UtahProhibits felons from owning gunsN/A
VermontProhibits felons from owning gunsN/A
VirginiaProhibits felons from owning gunsN/A
WashingtonProhibits felons from owning gunsN/A
West VirginiaProhibits felons from owning gunsN/A
WisconsinProhibits felons from owning gunsN/A
WyomingProhibits felons from owning gunsN/A

Important Exceptions

There are some important exceptions to the laws regarding gun ownership for felons. For example:

  • Restoration of Rights: In some states, felons may be able to have their gun rights restored after a certain amount of time has passed since their conviction. This can be done through a petition to the court or by following a specific process.
  • Expungement: In some states, felons may be able to have their conviction expunged, which can allow them to own guns again.
  • Gun Trusts: Some states allow felons to own guns through a gun trust, which is a legal entity that holds the gun on behalf of the felon.

Conclusion

In conclusion, the laws regarding gun ownership for felons are complex and varied. While federal law prohibits felons from owning guns, state laws can vary. Some states have laws that are more restrictive than federal law, while others have laws that are less restrictive. It is important for individuals to understand the laws in their state and to consult with a legal professional if they have any questions or concerns.

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