Can You Buy a Gun after Expungement? A Comprehensive Guide
In the United States, the second amendment to the Constitution ensures the right to bear arms. However, individuals who have been convicted of crimes, including firearms-related offenses, may face restrictions or even prohibitions on obtaining or possessing firearms. Fortunately, in some cases, individuals can have their convictions expunged, but the question remains: Can you buy a gun after expungement?
Contents
What is an Expungement?
An expungement is a legal procedure by which a court orders the sealing or destruction of arrest records, criminal charges, and sentences associated with an arrest or conviction. The term "expungement" is often used interchangeably with "expunction." The goal of expungement is to erase an individual’s criminal record and provide a second chance. Not all states allow for expungement, but many do.
Types of Expungements
There are two main types of expungements: full expungements and partial expungements.
Full Expungements: A full expungement involves the complete erasure of all records related to an arrest or conviction.
Partial Expungments: A partial expungement, also known as a sealing or sealing and destroying, refers to the sealing or destroying of certain records, often leaving some information available. For example, a prosecutor or law enforcement agency might retain a copy of the expunged records, but the general public may not have access to it.
Restrictions on Gun Ownership
In general, federal law prohibits felons from purchasing or possessing firearms. 18 U.S.C § 922(g) However, the federal *National Instant Criminal Background Check System (NICS), which is used for background checks, may exempt certain individuals who have completed their sentences and had their rights restored.
State-Specific Rules
California:
- Background checks: California law (Penal Code §28220) requires a separate background check for firearms purchasing, which may not cover expunged convictions. However, the state Office of Administrative Law (OAL) clarified in a 2019 ruling that expunged convictions, including those for violent misdemeanors, do not require a separate background check if the individual has completed all terms of their sentence.
- Firearms safety certificate: California requires firearms safety certificates for all newly purchased firearms. While some expunged convictions might not disqualify someone from obtaining a certificate, others may still be an issue.
Maryland:
- Background checks: Maryland law (Pub. Gen. Laws art. 27, §§ 27-101(g) and 27-103) requires a criminal history record check for handgun purchases. While expunged convictions are not listed as a disqualifier, the state’s Code of Maryland Regulations (COMAR) 10.13.02.22 states that a partial expungement alone might not be sufficient to avoid a disqualification.
More importantly
Other states might have different rules, which can be complex and dynamic. It is crucial for individuals to research and review their state’s specific regulations regarding expunged convictions and gun ownership.
Table: State-Specific Rules on Gun Ownership Post-Expungement (Partial)
| State | Requirements for Background Checks | Firearms Safety Certificates | Any Notes |
|---|---|---|---|
| California | Separate check for expunged felony convictions | May require proof of expungement (OAL ruling) | |
| Maryland | Partial expungement insufficient (COMAR 10.13.02.22) | Not impacted |
Conclusion
In summary, if you have had your records expunged, including those related to firearms violations, you may still be able to buy a gun after expungement under certain circumstances. However, understanding your specific state’s laws and regulations becomes crucial. Some states recognize expunged convictions without restrictions, while others retain certain records or impose partial restrictions.
Before you make a purchase:
- Check local laws: Research your state’s specific regulations regarding firearm ownership and expungement.
- Run your check: Pass an ATF background check to ensure that your expunged record does not disqualify you.
- Consult a professional: Legal counsel can help you determine the best course of action and ensure compliance with laws and regulations.
Remember: Gun ownership laws and expungement regulations are intricate and subject to change. Always prioritize understanding your jurisdiction’s specific requirements before seeking to purchase a firearm following an expungement.
References:
• 18 U.S.C § 922(g): Prohibitions on Purchasing or Possessing Firearms
• California Department of Justice: Firearms – Expunged Convictions
• Maryland Code (2019): Firearms Purchase and Possession
• Office of Administrative Law: Aetna AllStars Program (2019)
Disclaimer:
This article is for information purposes only and should not be considered legal advice. Consult a qualified attorney and conduct thorough research before purchasing a firearm or seeking further clarification on specific laws in your jurisdiction.
