What Happens if a Felon Tries to Buy a Gun?
The right to bear arms is a fundamental aspect of the United States’ Second Amendment. However, this right is not absolute, and there are certain individuals who are prohibited from purchasing or owning firearms due to their criminal history. Felons, in particular, are restricted from buying guns, and attempting to do so can result in severe consequences.
What is a Felon?
A felon is an individual who has been convicted of a felony, which is a serious crime punishable by more than one year in prison. Felonies include crimes such as murder, rape, robbery, and drug trafficking. When a person is convicted of a felony, they are deemed to be a felon and are subject to certain legal restrictions, including the prohibition on owning or purchasing firearms.
What Happens if a Felon Tries to Buy a Gun?
If a felon attempts to buy a gun, they are committing a federal offense. The following are the consequences of trying to buy a gun as a felon:
- Felony Charge: The felon can be charged with a federal felony, punishable by up to 10 years in prison.
- Civil Penalty: The felon can be fined up to $250,000.
- Loss of Gun Rights: The felon will lose their right to own or possess firearms for life.
- Immigration Consequences: For non-citizens, attempting to buy a gun as a felon can lead to deportation and ineligibility for citizenship.
How Do Gun Dealers Screen for Felons?
Gun dealers are required by law to screen potential buyers for felony convictions. To do this, they check the buyer’s name against the National Instant Criminal Background Check System (NICS) database. The NICS database contains information on individuals who are prohibited from owning or purchasing firearms, including felons.
What are the Consequences of a Felon Attempting to Buy a Gun?
The consequences of a felon attempting to buy a gun can be severe. Some of the consequences include:
- Jail Time: The felon can be sentenced to prison for up to 10 years.
- Fine: The felon can be fined up to $250,000.
- Loss of Gun Rights: The felon will lose their right to own or possess firearms for life.
- Criminal Record: The felon will have a criminal record, which can impact their ability to get a job, rent an apartment, or get credit.
- Rehabilitation: The felon will be required to participate in rehabilitation programs to address the underlying issues that led to their criminal behavior.
Can a Felon Regain Their Gun Rights?
In some cases, a felon may be able to regain their gun rights. This can happen through a process called expungement, which involves sealing or destroying the felon’s criminal record. However, this is not always possible, and the felon will need to meet certain conditions, such as:
- Complying with Probation: The felon must comply with the terms of their probation, including any rehabilitation programs or treatment.
- Cleansing Their Record: The felon must demonstrate that they have cleansed their criminal record by completing their sentence and paying any fines or restitution.
- Petitioning the Court: The felon must petition the court to expunge their criminal record.
Table: Consequences of a Felon Attempting to Buy a Gun
| Consequence | Description |
|---|---|
| Jail Time | Up to 10 years |
| Fine | Up to $250,000 |
| Loss of Gun Rights | For life |
| Criminal Record | Impact on employment, housing, and credit |
| Rehabilitation | Required participation in rehabilitation programs |
Conclusion
Attempting to buy a gun as a felon is a serious offense with severe consequences. Felons who attempt to buy a gun can face up to 10 years in prison, fines of up to $250,000, and loss of gun rights for life. Additionally, the felon will have a criminal record, which can impact their ability to get a job, rent an apartment, or get credit. It is important for individuals with a criminal history to understand the consequences of attempting to buy a gun and to seek legal advice if they are considering doing so.
