People with felonies are subject to more scrutiny in the eyes of the law when compared to others. Felonies are considered serious crimes. They can either be violent or non-violent crimes. The penalties for committing a felony can vary by state. Federal sentencing for felonies depends on the severity of the criminal act. They can range from a year or two in prison for lesser offenses to a life sentence without the possibility of parole in the most heinous cases.
The Second Amendment guarantees us the right to bear arms. However, those rights are often limited for people who have a felony on their criminal record. Federal laws are put in place that prohibit people who have felonies on their record from owning guns.
Gun Restrictions for Felons
Federal laws regarding gun ownership for felons have been on the books for over 80 years. In 1934, the National Firearms act made it illegal for any felon who had committed a violent act to own a gun. The Gun Control Act of 1968 expanded the penalty, making it illegal for anyone who had committed any kind of felony to own a gun. If a felon is convicted of gun ownership, they can be sentenced to a prison term of a year or more. The maximum sentence for such an offense is ten years in prison.
What weapons can felons own?
There are some weapons that felons can legally own and use, depending on which state you live in. Air rifles and pellet guns are generally not considered firearms, so anyone of legal age can own them. Paint guns and crossbows are also not considered firearms, because they are used for sport and recreation.
Can felons own a gun after 10 years?
In some states, felons are allowed to become gun owners after a ten year period. That time period can begin at the date the sentence was completed, the person was paroled or from when their sentence was suspended, if applicable. The states that currently allow this are:
1. Alaska
2. Georgia
3. Kansas
4. New Mexico
5. North Dakota
6. Pennsylvania
7. Utah
Each state has their own specific laws and regulations regarding restoration of gun ownership rights for felons. Some states allow felons to pursue gun ownership rights after ten years, even if there are no written laws on the books for this process in that state. There are some states that never allow a felon to own guns.
At the federal level, felons can apply for relief with the Bureau of Alcohol, Tobacco and Firearms to restore their gun ownership rights. They must be able to prove that the circumstances of their felony conviction and crime that was committed do not constitute a safety risk for the general public. Appealing for gun ownership rights on the federal level is tricky. The Bureau is not currently able to expend funds to either investigate or act upon applications for gun ownership relief. This makes any relief requests at the federal level effectively useless.
Can felons own a gun after 20 years?
Right now, the following states allow felons to pursue gun ownership rights 20 years after the sentence has passed:
1. Illinois
2. North Carolina
People with felonies on their record can pursue their gun ownership rights by having their records expunged. To do this, it must be at least 20 years or more since the felony conviction and any prison time that was served for that felony.
Each state has their own criteria for expunging felony records. Most of them have a waiting period, will need to see evidence that the felon does not have any new convictions or criminal charges on their record, and evidence that the felon has met all terms that were associated with their conviction. They may also ask for proof that the felon has been rehabilitated and is a contributing member to society. The felon may be required to provide proof of employment (pay stubs, tax forms, etc.), education transcripts or records of any volunteer experiences they have had following their prison sentence. Talk to a lawyer or legal counsel so that you fully understand the requirements before applying to have your records expunged.
Can I own a gun if my spouse is a felon?
Most legal experts would suggest removing any and all firearms from the home in this situation. Even if the felon is not the legal owner of the guns, they are still available in the home for use. The law doesn’t always assume positive intent, especially in the case of people convicted of felonies.
A felon could be found guilty of constructive possession if they know that firearms are in the home and they are able to maintain possession of the firearms. It’s possible to still have those weapons in a home, but it is generally not recommended. It can open up possible legal entanglements for both the felon and their spouse. Some terms of release specifically state that there cannot be any guns in the home.
Restoring firearm rights
There are also a few loopholes in the federal laws. For instance, there are several white collar felony convictions that don’t prohibit offenders from owning guns. Felony convictions for unfair trade practices or antitrust laws do not carry the same penalties as other types of felony convictions.
A 1965 amendment that was made to the federal Firearms Act of 1938 allows felons who want to become gun owners the ability to apply for “relief from the disability of not being able to possess a gun. The felon must plead their case to the Bureau of Alcohol, Tobacco and Firearms. If there is enough evidence and testimony given to prove that the circumstances and felony conviction would not cause the felon to be considered a public safety risk, their gun ownership rights may be restored.
For a felon to be prevented from owning guns, they have to be convicted of a crime that can be punishable by a prison term that’s more than a year. While most felony sentences are for a year to three years or more, it is possible to be convicted of a felony for less than a year of prison time. In that case, a felon could legally own guns.
Another way for felons to become gun owners is by having their conviction expunged. Felons whose civil rights have been legally restored or who have been pardoned for their crimes are not considered to be convicted at all. Once this happens, a person who was formerly considered to be a felon can legally own and use guns.
Receiving a pardon
Felons can also apply for a federal pardon to have their gun ownership rights restored. Just keep in mind the fact that this is a lengthy process that is not guaranteed to be approved. There must have been at least five years since the felony act was committed before they can apply for a pardon.
The felon will need to state why they are applying for the pardon. They must also list any possible hardships that they may be facing as a result of having the felony conviction on their record and the ways the pardon will impact them in a positive manner. Attaching a letter from local or state authorities to the pardon request is recommended.
At least three character affidavits are also required to be sent along with the pardon paperwork. Each character affidavit should have that person’s full name, address and telephone number. The person should have a knowledge of the criminal offense in question and the letter should be signed and notarized. Persons selected for this task should not be immediate family members.
After the review, the request will be forwarded to either the state governor or US president with a recommendation. A government official will make the official decision whether or not to grant clemency. If clemency is granted, the felon can legally own guns again.
This can be a very detailed and exhausting process. It can take months or years to file the paperwork and receive a decision. Seeking legal counsel is recommended to help felons gather and prepare the necessary paperwork and guide them through every step along the way.
Supporting a felon in receiving gun rights
If you have a family member or friend who is a felon but has served their sentence and is trying to ease their way back into a normal life, they may rely on you for support. Many felons lead non-violent lives and have made conscious efforts to improve their personal situation. They just want to get back to the way things were. For some of them, that includes having their gun rights restored.
If a felon wants to become a gun owner again, there are several ways in which you can help them. You can assist them by learning more about the local and state laws and guidelines regarding gun ownership where you live. You can help them seek legal counsel and pursue remedies to restore their rights. You can also talk to other friends or associates to see if they would be willing to write personal letters of recommendation if the felon is seeking a pardon. You can also just stand by them as they work towards regaining normalcy in their lives.
Gun ownership for felons is a difficult subject. The laws in every state are different, and new laws are enacted every year. Some laws make it easier for felons to reclaim their gun ownership rights, while others are more restrictive. Take the time to study and understand what is allowed and what isn’t where you live. Make sure that you understand the possible consequences or punishments that could be handed down if you break any of those laws. Seek legal counsel if you are determined to restore your gun ownership rights at the state or federal level. Owning and using firearms for sport and hobby can be a relaxing pastime, as long as it’s done within the confines of the law.