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Can You purchase a gun with a misdemeanor?

Can You Purchase a Gun with a Misdemeanor?

The right to bear arms is a constitutional right in the United States, but it is not unconditional. There are certain circumstances under which an individual may be prohibited from purchasing a gun, including having a misdemeanor conviction. In this article, we will explore the answer to the question: Can you purchase a gun with a misdemeanor?

Federal Laws

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Federal law prohibits individuals who have been convicted of a misdemeanor crime of domestic violence or a misdemeanor crime punishable by more than two years in prison from purchasing or owning a firearm. This means that if you have a misdemeanor conviction that falls within one of these categories, you will be prohibited from buying a gun.

**Federal Misdemeanors Prohibiting Gun Ownership

  • Domestic Violence: A misdemeanor crime of domestic violence is a crime that is committed against a current or former intimate partner, such as a spouse, girlfriend, boyfriend, or family member.
  • Misdemeanor Crime Punishable by More than Two Years in Prison: This category includes misdemeanors that carry a maximum sentence of more than two years in prison. Examples of such crimes include:

    • Certain drug offenses
    • Property crimes, such as burglary or theft
    • Crimes involving violence or the threat of violence, such as assault or threats

State Laws

In addition to federal law, many states have their own laws prohibiting individuals with certain misdemeanor convictions from purchasing or owning firearms. These laws may be more stringent than federal law, or they may prohibit individuals from owning firearms for a certain period of time after a misdemeanor conviction.

**State Misdemeanors Prohibiting Gun Ownership

  • California: In California, individuals who have been convicted of certain misdemeanors, including drug offenses and certain property crimes, are prohibited from owning firearms for a period of 10 years.
  • Florida: In Florida, individuals who have been convicted of a misdemeanor crime of domestic violence are prohibited from owning firearms for a period of 3 years.
  • New York: In New York, individuals who have been convicted of a misdemeanor crime involving the use or threatened use of physical force against another person are prohibited from owning firearms for a period of 5 years.

Waiting Periods

In some states, there is a waiting period before an individual can purchase a gun, even if they do not have a misdemeanor conviction. This waiting period can range from 3 to 14 days, depending on the state.

**Waiting Periods by State

StateWaiting Period
California10 days
Florida3 days
New York3 days

How to Check if You Can Purchase a Gun with a Misdemeanor

If you are unsure whether you are prohibited from purchasing a gun due to a misdemeanor conviction, there are several steps you can take:

  • Check the Federal Background Check System: The National Instant Criminal Background Check System (NICS) is a federal database that checks an individual’s criminal history and other records to determine whether they are eligible to purchase a firearm. You can check your status on the NICS website.
  • Contact Your Local Law Enforcement Agency: Your local law enforcement agency may be able to provide you with information on your eligibility to purchase a firearm.
  • Check Your State’s Laws: Check your state’s laws to see if there are any specific provisions that may prohibit you from purchasing a gun due to a misdemeanor conviction.

Conclusion

In conclusion, the answer to the question "Can you purchase a gun with a misdemeanor?" is yes, but only under certain circumstances. Federal law prohibits individuals with certain misdemeanor convictions from purchasing or owning firearms, and many states have their own laws prohibiting individuals with misdemeanor convictions from owning firearms. If you are unsure whether you are eligible to purchase a gun due to a misdemeanor conviction, it is recommended that you check the federal background check system, contact your local law enforcement agency, and check your state’s laws.

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