How Long After a Felony Can You Get a Gun?
If you’ve been convicted of a felony, regaining your right to possess a firearm can be a lengthy and complex process. The laws regarding gun ownership vary from state to state, but there are federal guidelines that apply to all felons. In this article, we’ll break down the process and provide a clear answer to the question: how long after a felony can you get a gun?
Federal Laws
The federal government has laws that prohibit individuals with felony convictions from owning or possessing firearms. Specifically, the Gun Control Act of 1968 (GCA) and the Federal Firearm License (FFL) regulations prohibit individuals who have been convicted of a felony from possessing or transferring a firearm.
Types of Felonies
Not all felonies are created equal when it comes to gun ownership. The following types of felonies will disqualify you from owning a firearm for at least 10 years:
• Misdemeanor crimes of domestic violence: These crimes include assault, battery, or stalking against a current or former spouse, child, or other household member.
• Drug-related felonies: Convictions for drug trafficking, manufacturing, or distribution can lead to a 10-year firearms ban.
• Felony theft: Theft crimes that involve the use of a firearm or violence can result in a 10-year ban.
Other types of felonies, such as property crimes like burglary or larceny, may not necessarily result in a firearms ban. However, it’s essential to note that each state has its own laws regarding gun ownership, and even non-violent felonies can impact your ability to own a firearm.
State-Specific Laws
While federal laws provide a general framework, state laws can vary significantly. Some states have more lenient laws regarding gun ownership, while others have stricter laws. For example:
• California: In California, a felony conviction can result in a 10-year ban on gun ownership, with some exceptions for certain types of felonies.
• Florida: In Florida, a felony conviction can result in a 15-year ban on gun ownership, with some exceptions for certain types of felonies.
• Texas: In Texas, a felony conviction can result in a 5-year ban on gun ownership, with some exceptions for certain types of felonies.
Pardons and Expungements
In some cases, individuals who have been convicted of a felony may be eligible for a pardon or expungement. A pardon can restore your civil rights, including the right to own a firearm. An expungement, on the other hand, can remove the felony conviction from your record, but it may not necessarily restore your right to own a firearm.
Waiting Periods
Even after a felony conviction, there may be a waiting period before you can apply for a firearms license or permit. This waiting period can vary from state to state, but it’s typically 5-10 years.
Applying for a Firearms License
To apply for a firearms license, you’ll need to meet the following requirements:
• Background check: You’ll need to undergo a background check through the FBI’s National Instant Criminal Background Check System (NICS).
• Application process: You’ll need to submit an application to your state’s licensing authority, which may require proof of residency, identification, and other documentation.
• Fingerprinting: You may need to provide fingerprints as part of the application process.
Table: Felony Conviction to Gun Ownership Timeline
| State | Felony Conviction | Waiting Period | Application Process | Eligibility |
|---|---|---|---|---|
| California | 10 years | 5 years | Pardon or expungement | Eligible after 10 years |
| Florida | 15 years | 10 years | Pardon or expungement | Eligible after 15 years |
| Texas | 5 years | 5 years | Pardon or expungement | Eligible after 5 years |
Conclusion
Regaining the right to own a firearm after a felony conviction can be a lengthy and complex process. Federal laws prohibit individuals with felony convictions from owning or possessing firearms, but state laws can vary significantly. By understanding the types of felonies that impact gun ownership, state-specific laws, and the application process, individuals can better navigate the system and regain their right to own a firearm.
