Can You Buy a Gun with a Simple Possession Charge?
In the United States, the legal system has strict regulations when it comes to gun ownership. However, there is often confusion about what happens when someone is charged with a simple possession of drugs or other substances. Can you buy a gun with a simple possession charge? The answer is no, but let’s break it down further.
Contents
What is a Simple Possession Charge?
A simple possession charge is a criminal offense that occurs when someone is found to be in possession of a controlled substance, such as drugs, without any intent to distribute or sell. This can include possession of small amounts of drugs, such as marijuana, cocaine, or heroin, for personal use.
Federal Gun Laws
Under federal law, it is illegal for individuals who have been convicted of a felony or who are under indictment for a felony to possess a firearm. Additionally, individuals who have been convicted of a domestic violence misdemeanor or who have a restraining order against them are also prohibited from possessing a firearm.
Federal Law Prohibitions:
- Felony conviction or indictment
- Domestic violence misdemeanor conviction
- Restraining order against the individual
State Laws
While federal law prohibits certain individuals from possessing firearms, state laws may also have similar restrictions. Some states may have stricter laws than others, and some may allow individuals to possess firearms after a certain period of time has passed since their conviction.
State-by-State Comparison:
| State | Felony Conviction | Domestic Violence Misdemeanor | Restraining Order |
|---|---|---|---|
| California | 10 years | 10 years | 5 years |
| Florida | 10 years | 3 years | 3 years |
| New York | 10 years | 10 years | 5 years |
| Texas | 5 years | 5 years | 5 years |
Buying a Gun with a Simple Possession Charge
Now, back to the original question: Can you buy a gun with a simple possession charge? The answer is no. Even if you have been charged with a simple possession of drugs, you are still considered a prohibited person under federal law. This means that you are not allowed to possess a firearm, and attempting to buy one could result in serious legal consequences.
Consequences of Buying a Gun with a Simple Possession Charge:
- Felony charge
- Up to 10 years in prison
- Fine of up to $250,000
- Loss of civil rights, including the right to vote and own a firearm
How to Get Your Gun Rights Restored>
If you have been charged with a simple possession of drugs and are now wondering how to get your gun rights restored, there are a few options:
**Option 1: Expunge Your Record**
If you were arrested but not convicted of the simple possession charge, you may be able to have your record expunged. This means that the arrest and charge will be removed from your record, and you will no longer be considered a prohibited person.
**Option 2: Pardon**
If you were convicted of the simple possession charge, you may be able to obtain a pardon from the state or federal government. This can restore your gun rights and allow you to purchase a firearm.
**Option 3: Restoration of Gun Rights**
Some states have specific laws that allow individuals to have their gun rights restored after a certain period of time has passed since their conviction. For example, in California, individuals who have been convicted of a non-violent felony can have their gun rights restored after 10 years.
**Restoration of Gun Rights by State:**
| State | Time Period | Requirements |
| — | — | — |
| California | 10 years | Non-violent felony conviction |
| Florida | 3 years | Misdemeanor conviction |
| New York | 10 years | Non-violent felony conviction |
| Texas | 5 years | Misdemeanor conviction |
In conclusion, **can you buy a gun with a simple possession charge?** The answer is no. Even if you have been charged with a simple possession of drugs, you are still considered a prohibited person under federal law. However, there are options available to restore your gun rights, including expunging your record, obtaining a pardon, or having your gun rights restored by the state. It is important to understand the laws in your state and to consult with a legal professional if you have any questions or concerns.
