When Can a Felon Own a Gun?
In the United States, the possession and ownership of firearms are heavily regulated by federal and state laws. One of the most significant restrictions is the prohibition on felons owning or possessing firearms. But, under what circumstances can a felon own a gun?
Federal Law
Under federal law, a person convicted of a felony is prohibited from owning or possessing a firearm. This prohibition is outlined in 18 U.S.C. § 922(g), which states that:
- Any person who has been convicted of a felony, or any person who has been adjudicated as a mental defective or who has been committed to a mental institution, is prohibited from shipping or transporting in interstate or foreign commerce, or possessing in or affecting commerce, any firearm or ammunition; or from receiving any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
Felony Convictions
To understand when a felon can own a gun, it’s essential to understand what constitutes a felony conviction. A felony is a crime punishable by more than one year in prison. This includes crimes such as murder, assault, burglary, drug trafficking, and other serious offenses.
Pardons and Expungements
In some cases, a felon may be eligible for a pardon or expungement of their conviction. A pardon is a formal forgiveness of the crime, while an expungement is the process of sealing or destroying the criminal record. If a felon receives a pardon or expungement, they may be eligible to own a gun again.
State Laws
While federal law prohibits felons from owning guns, state laws may vary. Some states have their own laws that prohibit felons from owning firearms, while others may have more lenient restrictions. For example:
| State | Felon Firearm Prohibition |
|---|---|
| California | 10 years after completion of sentence |
| Florida | 5 years after completion of sentence |
| New York | 10 years after completion of sentence |
| Texas | 5 years after completion of sentence |
Restoration of Gun Rights
In some states, a felon may be eligible to have their gun rights restored through a process known as restoration of gun rights. This process typically involves applying to the state’s governor or a state board, and demonstrating that the individual has been rehabilitated and is no longer a threat to public safety.
Background Checks
Even if a felon is eligible to own a gun, they will still be subject to a background check through the National Instant Criminal Background Check System (NICS). This check will review the individual’s criminal history and determine whether they are eligible to own a firearm.
Conclusion
In summary, a felon can own a gun again under certain circumstances. These include:
- Receiving a pardon or expungement of their conviction
- Meeting the eligibility requirements for restoration of gun rights in their state
- Completing their sentence and waiting the required number of years before applying to own a gun again (varies by state)
- Passing a background check through the NICS
It’s essential for individuals with felony convictions to understand the laws and regulations regarding gun ownership in their state and to consult with an attorney or law enforcement professional if they have questions or concerns.
