Can You Buy a Gun with a Misdemeanor?
The right to bear arms is a fundamental freedom protected by the Second Amendment of the United States Constitution. However, this right is not absolute, and individuals with certain criminal convictions, including misdemeanors, may face restrictions on their ability to purchase or own firearms.
Direct Answer:
In general, no, you cannot buy a gun with a misdemeanor conviction. Federal law prohibits the sale of firearms to individuals who have been convicted of a misdemeanor crime of domestic violence, as well as to those who have been convicted of certain other misdemeanor crimes.
Federal Laws
The federal Gun Control Act of 1968 and the National Instant Criminal Background Check System (NICS) Improvement Amendments Act of 2007 (NICS Improvement Act) are the primary federal laws that regulate the sale of firearms. These laws prohibit the sale of firearms to individuals who:
- Have been convicted of a misdemeanor crime of domestic violence
- Are subject to a restraining order or have been convicted of a misdemeanor crime of stalking
- Have been adjudicated as mentally defective or have been committed to a mental institution
- Are illegally or unlawfully in the United States
- Are under indictment for a felony or have been convicted of a felony
- Are fugitives from justice
- Are users of or addicted to a controlled substance
Misdemeanor Crimes of Domestic Violence
A misdemeanor crime of domestic violence is defined as a crime that:
- Is committed by an adult against a current or former intimate partner, including spouses, former spouses, intimate partners, and individuals who have a child in common
- Is committed by an adult against a family member, including parents, stepparents, siblings, and children
- Is committed by an adult against a person with whom the perpetrator has a dating relationship
Examples of misdemeanor crimes of domestic violence include:
- Simple assault or battery
- Disorderly conduct
- Criminal trespass
- Harassment
- Stalking
State Laws
In addition to federal laws, many states have their own laws that regulate the sale of firearms to individuals with misdemeanor convictions. These laws may be more restrictive than federal laws, and some states may prohibit the sale of firearms to individuals with certain types of misdemeanor convictions.
Table: State Laws Regulating Firearm Sales to Individuals with Misdemeanor Convictions
| State | Prohibited Misdemeanors |
|---|---|
| California | All misdemeanor crimes of domestic violence, as well as misdemeanor convictions for stalking, rape, or sexual battery |
| Florida | Misdemeanor crimes of domestic violence, as well as misdemeanor convictions for stalking or aggravated stalking |
| Illinois | Misdemeanor crimes of domestic violence, as well as misdemeanor convictions for stalking or criminal sexual abuse |
| New York | Misdemeanor crimes of domestic violence, as well as misdemeanor convictions for stalking or harassment |
Consequences of Purchasing a Gun with a Misdemeanor Conviction
If you purchase a gun with a misdemeanor conviction, you may be committing a federal felony. The consequences of being convicted of a federal felony can be severe, including:
- Up to 10 years in prison
- A fine of up to $250,000
- Restitution to the victims of the crime
Additionally, you may also face state charges and penalties, including:
- Up to 5 years in prison
- A fine of up to $10,000
- Revocation of your right to possess firearms
Conclusion
In conclusion, while the right to bear arms is a fundamental freedom, it is not absolute. Individuals with certain criminal convictions, including misdemeanors, may face restrictions on their ability to purchase or own firearms. If you have been convicted of a misdemeanor crime, it is important to check with your state’s laws and regulations to determine whether you are eligible to purchase a gun.
