Can You Own a Gun with a Felony?
In the United States, owning a gun is a constitutional right, as protected by the Second Amendment. However, this right is not absolute, and there are certain circumstances that can restrict an individual’s ability to own a firearm. One such circumstance is a felony conviction.
The Short Answer
No, you cannot own a gun with a felony conviction. Federal law prohibits individuals who have been convicted of a felony from owning or possessing a firearm.
Federal Law
The federal law that prohibits individuals with felony convictions from owning a gun is the Gun Control Act of 1968. Specifically, the law states that:
"It shall be unlawful for any person who has been convicted of a felony, or who is under indictment for a felony, to receive, possess, or transport in interstate or foreign commerce any firearm or ammunition."
State Laws
While federal law sets a minimum standard, state laws may also impose restrictions on gun ownership for individuals with felony convictions. Some states may have more lenient laws, while others may have stricter laws.
Consequences of Ownership
If you own a gun with a felony conviction, you can face severe consequences, including:
- Criminal Charges: You can be charged with a federal crime, which can result in fines and imprisonment.
- Confiscation of Firearms: Law enforcement can seize any firearms you own or possess.
- Loss of Gun Rights: You may lose your right to own a gun for a period of time or permanently.
Exceptions
There are some exceptions to the general rule that individuals with felony convictions cannot own a gun. These exceptions include:
- Pardons: If you have been pardoned for your felony conviction, you may be able to own a gun.
- Expungement: If your felony conviction has been expunged, you may be able to own a gun.
- Restoration of Gun Rights: Some states allow individuals with felony convictions to have their gun rights restored after a certain period of time.
Types of Felonies
Not all felonies are created equal when it comes to gun ownership. The following types of felonies may not necessarily prohibit you from owning a gun:
- Misdemeanor Felonies: Some states consider certain misdemeanors to be felonies, but these may not prohibit gun ownership.
- Non-Violent Felonies: If you have been convicted of a non-violent felony, such as a drug offense, you may be able to own a gun.
Table: Felony Convictions and Gun Ownership
Felony Conviction | Gun Ownership Allowed? |
---|---|
Violent Felony | No |
Non-Violent Felony | Yes (in some states) |
Misdemeanor Felony | Yes (in some states) |
Pardoned | Yes |
Expunged | Yes |
Conclusion
In conclusion, owning a gun with a felony conviction is generally not allowed under federal law. While there may be some exceptions, it is important to understand the specific laws and regulations in your state and to seek legal advice if you have questions or concerns about your right to own a gun.
Additional Resources
- National Rifle Association (NRA) – Gun Laws and Regulations
- Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) – Firearm Laws and Regulations
- Federal Bureau of Investigation (FBI) – Gun Control Act of 1968