Can You Buy a Gun with an Assault Charge?
Direct Answer: The answer to this question is no, you cannot buy a gun with an assault charge. In fact, it is illegal in most states to purchase a firearm if you have an active arrest warrant or an outstanding charge, including a charge of assault.
Contents
Background Check Required
When buying a gun, whether from a licensed dealer, at a gun show, or through a private transfer, you are required by federal law to undergo a background check. This background check is conducted through the National Instant Criminal Background Check System (NICS).
The NICS check typically includes a review of various databases to determine whether a prospective gun buyer is disqualified from owning a firearm based on their criminal history, mental health, or other factors.
Punitive Measures for Misdemeanor Assault
Assault charges are considered a misdemeanor if the incident did not involve a weapon or serious harm to the victim. Under federal law, a convicted misdemeanor is considered a misdemeanor conviction for purposes of federal gun ownership laws.
Section 922(g)(9) of the Gun Control Act (GCA) makes it illegal for certain individuals, including those convicted of misdemeanor crimes of domestic violence (including assault), from owning or possessing a firearm. This provision applies only to misdemeanor convictions that meet certain specific criteria.
However, not all assault charges result in a conviction or misdemeanor punishment. In fact, many assault charges can be resolved through plea deals or expungement processes. Nevertheless, even the threat of an assault charge can make it difficult for someone to purchase a firearm legally.
Ammunition and Registration
Separate from the issue of gun ownership, there is no federal law that bans ammunition purchases for individuals with an assault charge. Therefore, in theory, individuals with an active assault charge may still be able to buy ammunition. However, private dealers or online retailers may refuse to sell ammunition to someone with an active legal issue.
Additionally, firearm registration laws vary by state, but in general, it is not mandatory for private individuals to register their firearms or ammunition. Many states do require registration of firearms and ammunition for some individuals, such as fugitives or those with restraining orders.
<h2[table “” not found /]
Gun Ownership Laws By State
| State | Assault Charge | Federal Firearms License (FFL) Requirement | Gun Show Registration | Private Sale Regs. |
|---|---|---|---|---|
| California | Yes, including misdemeanor | Yes, but exempt for some offenses | Yes | Yes, including internet sales |
| New York | Yes, including misdemeanor | Yes, mandatory | No | Yes |
| Illinois | Yes, including misdemeanor | Yes | Yes | Yes |
| Pennsylvania | No, requires physical injury | No, exempt for some offenses | No | No |
| Connecticut | Yes, including misdemeanor | Yes | No | Yes |
Note that some states may have other requirements or restrictions on firearms, including assault charges, not listed here.
Assault Charge and Possibility of Gun Ownership Reinstatement
In certain situations, individuals with assault charges may be able to regain their right to gun ownership. For example, in states where the underlying criminal charges are expunged, the individual’s legal status may be changed to that of a acquitted person.
Additionally, a conviction for misdemeanor assault typically has a statute of limitations, meaning that after a certain period of time has passed, the conviction no longer applies. In cases where the statute of limitations has expired, the individual’s gun rights may be restored.
However, it’s important to note that having an assault charge on one’s record can still lead to issues with gun purchases and ownership, even after the conviction has been fully discharged. Some states require additional paperwork or background checks, and private dealers or online retailers may still be reluctant to sell firearms to individuals with a history of criminal activity.
Conclusion
In summary, yes, an assault charge is considered a disqualifying factor for gun ownership and purchases in most states. Individuals with an active or outstanding assault charge are barred from purchasing a firearm until the charges are resolved.
Even if the assault charge results in a misdemeanor conviction and does not involve a permanent firearm ban, the record can still impact future firearms purchases and ownership. State-specific laws and regulations differ, so it’s crucial for individuals to research local requirements and consult with local authorities or legal professionals for further guidance.
In the end, individuals with assault charges would do well to prioritize restoring their legal status and pursuing alternative legal avenues to recover from their legal issues rather than pursuing gun ownership.
Sources:
- Gun Control Act (GCA), 18 USC § 922(g)
- Federal Bureau of Investigation (FBI), Criminal Justice Information Services (CJIS) Division – NICS
- Individual state gun laws and court records.
