Can You Get a Gun with a Misdemeanor?
In the United States, the ability to possess a firearm is regulated by federal and state laws. While a misdemeanor conviction is not typically considered a significant criminal offense, it can still have a significant impact on an individual’s rights, including their right to own a gun. But can you get a gun with a misdemeanor? The answer is not simple.
Federal Prohibitions
Under federal law, it is prohibited for an individual to knowingly possess a firearm if they have been convicted of a misdemeanor crime of domestic violence. This is outlined in 18 U.S. Code § 922(g)(9). Even if the misdemeanor was related to a non-domestic violence incident, it is still considered a disqualifying offense.
For example, if an individual is convicted of a misdemeanor assault charge related to an altercation with a stranger, they may still be disqualified from owning a firearm due to the domestic violence offense.
State Prohibitions
State laws governing gun ownership also vary. Some states may prohibit gun ownership for individuals with specific types of misdemeanors, such as:
• Reckless endangerment (e.g., California Penal Code § 348(b))
• Criminal mischief (e.g., New Jersey Statute § 2C:17-2)
• Disorderly conduct (e.g., Montana Code Annotated § 45-5-501)
In these states, an individual may be considered a prohibited person if they have been convicted of any of these types of crimes, even if they did not result in a finding of domestic violence.
Waiting Periods and Restraining Orders
In some states, an individual who has been convicted of a misdemeanor may be subject to a waiting period before they can apply for a concealed carry permit or purchase a firearm. This period can range from a few days to several months or even years.
Additionally, if an individual is served with a restraining order due to a domestic violence allegation, they may be prevented from possessing a firearm until the order is expired or vacated. If the restraining order is active, the individual may need to surrender any firearms to law enforcement.
Implications for Firearm Background Checks
When an individual applies for a firearm or undergoes a background check, the FBI’s National Instant Criminal Background Check System (NICS) database is queried. Any disqualifying misdemeanor or felony convictions, as well as active restraining orders, are reported to the database and can prevent the transaction from proceeding.
Remedies and Appeals
If an individual is seeking to restore their right to own a firearm after a misdemeanor conviction, they may need to pursue a petition for expungement or a sealing of the record in court. Expungement_ is typically only available for non-publicly available offenses, and the process and requirements for expungement vary from state to state. Sealing the record involves sealing the criminal record so that it is no longer publicly available, but may still be accessible by law enforcement or other authorized parties.
Conclusion
In summary, while a misdemeanor conviction is not necessarily a complete bar to owning a gun, it can still impact an individual’s ability to purchase, own, or carry a firearm. Both federal and state laws prohibiting gun ownership for individuals convicted of certain misdemeanors create a complex landscape that can be difficult to navigate.
Table: Felony and Misdemeanor Crimes Prohibiting Gun Ownership
| Type of Crime | Federal Provision | State Provisions (Examples) |
|---|---|---|
| Domestic Violence Misdemeanor | 18 U.S. Code § 922(g)(9) | California Penal Code § 348(b); New Jersey Statute § 2C:17-2 |
| Any Misdemeanor with a Minimum 1 Year Sentence | 18 U.S. Code § 922(g)(1) | Montana Code Annotated § 45-5-501; Wyoming Statutes § 6-7-101 |
| Misdemeanor with a Record of Violence | Arizona Revised Statutes § 13-3106; Texas Penal Code Ann. § 46.04 |
Key Points to Remember
• Even if a misdemeanor is not classified as a domestic violence crime, it can still affect an individual’s ability to own a gun.
• State laws regarding gun ownership for individuals with misdemeanors vary widely.
• Gun ownership rights can be suspended or revoked due to various types of misdemeanor convictions and restraining orders.
• Obtaining a concealed carry permit or purchasing a firearm often requires a background check that can be delayed or blocked due to a disqualifying misdemeanor conviction.
To ensure compliance with federal and state laws, it is essential for individuals to review their criminal record and check with local authorities before purchasing, owning, or carrying a firearm. It’s crucial to consult with an attorney or legal expert to determine the specific requirements and restrictions in your area.
