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Can I own a gun with a felony?

Can I Own a Gun with a Felony?

In the United States, owning a gun is a constitutional right protected by the Second Amendment. However, there are certain restrictions and prohibitions in place for individuals with a felony conviction. The question on everyone’s mind is: can I own a gun with a felony?

The Short Answer

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No, individuals with a felony conviction are generally prohibited from owning or possessing a firearm. Federal law prohibits the sale or transfer of firearms to individuals who have been convicted of a felony, and most states have similar laws. This means that if you have a felony conviction on your record, it is illegal for you to own or possess a gun.

The Long Answer

The National Instant Criminal Background Check System (NICS) is the primary database used to screen potential gun buyers and ensure that they are eligible to own a firearm. The NICS database includes information on individuals who have been convicted of a felony, as well as those who have been adjudicated mentally incompetent or have a domestic violence restraining order against them.

When an individual attempts to purchase a firearm, the NICS system checks their background against the database to ensure that they do not have any disqualifying convictions or other issues. If the system detects a disqualifying condition, the sale is blocked and the individual is notified that they are not eligible to own a firearm.

State-by-State Variations

While federal law prohibits felons from owning guns, state laws can vary significantly. Some states have more lenient laws, allowing certain felons to own guns after a certain period of time has passed since their conviction. Others have stricter laws, prohibiting felons from owning guns for life.

Here is a breakdown of state laws regarding felon gun ownership:

StateFelon Gun Ownership Restrictions
AlabamaProhibited for life
AlaskaProhibited for 10 years
ArizonaProhibited for 5 years
ArkansasProhibited for life
CaliforniaProhibited for life
ColoradoProhibited for 10 years
ConnecticutProhibited for life
DelawareProhibited for life
FloridaProhibited for 10 years
GeorgiaProhibited for 5 years
HawaiiProhibited for life
IdahoProhibited for 10 years
IllinoisProhibited for life
IndianaProhibited for 10 years
IowaProhibited for 10 years
KansasProhibited for 5 years
KentuckyProhibited for 10 years
LouisianaProhibited for 10 years
MaineProhibited for 10 years
MarylandProhibited for life
MassachusettsProhibited for life
MichiganProhibited for 10 years
MinnesotaProhibited for 10 years
MississippiProhibited for life
MissouriProhibited for 10 years
MontanaProhibited for 10 years
NebraskaProhibited for 10 years
NevadaProhibited for 10 years
New HampshireProhibited for 10 years
New JerseyProhibited for life
New MexicoProhibited for 10 years
New YorkProhibited for life
North CarolinaProhibited for 10 years
North DakotaProhibited for 10 years
OhioProhibited for 10 years
OklahomaProhibited for 5 years
OregonProhibited for 10 years
PennsylvaniaProhibited for 10 years
Rhode IslandProhibited for life
South CarolinaProhibited for 10 years
South DakotaProhibited for 10 years
TennesseeProhibited for 10 years
TexasProhibited for 10 years
UtahProhibited for 10 years
VermontProhibited for 10 years
VirginiaProhibited for 10 years
WashingtonProhibited for 10 years
West VirginiaProhibited for 10 years
WisconsinProhibited for 10 years
WyomingProhibited for 10 years

Sealing or Expunging a Felony Conviction

In some cases, individuals with a felony conviction may be able to seal or expunge their record, which can affect their ability to own a gun. Sealing or expunging a record means that the court orders the destruction of the record, making it as if the conviction never occurred.

However, even if a record is sealed or expunged, the NICS database may still show the conviction, preventing the individual from owning a gun. Additionally, some states have laws that prohibit felons from owning guns even if their record is sealed or expunged.

Consequences of Illegal Gun Ownership

Owning a gun with a felony conviction is illegal and can result in severe consequences. Federal charges can be brought against individuals who illegally possess a firearm, and they can face up to 10 years in prison and a fine of up to $250,000.

In addition to federal charges, individuals who illegally own a gun may also face state charges, which can result in additional penalties, including fines and imprisonment.

Conclusion

In conclusion, owning a gun with a felony conviction is generally prohibited by federal and state law. While some states have more lenient laws, allowing certain felons to own guns after a certain period of time has passed since their conviction, it is still illegal to own a gun with a felony conviction.

Individuals who are unsure about their eligibility to own a gun should consult with a qualified attorney or law enforcement officer to determine their status. Remember, owning a gun with a felony conviction can result in severe consequences, including federal and state charges, fines, and imprisonment.

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