Can a Convicted Felon ever possess a Firearm?
Federal law prohibits any person who has ever been “convicted in any court of a crime punishable by imprisonment for a term exceeding one year” to ever or for any reason “possess… any firearm or ammunition.” 18 U.S.C. 922(g) makes it a federal crime for any person who has ever been convicted of any felony to ever possess any firearm regardless if it is inside or outside of the home. This blanket federal ban on all felon gun possession is punishable with up to 10 years of imprisonment.
There are exceptions to this rule in some instances. Federal law contains an explicit statutory exclusion which provides that the federal criminal offense of firearms possession is inapplicable to persons who has had their civil rights restored on the predicate state felony conviction. 18 U.S.C. §921(a)(20) provides:
What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms.
Whether a person has had his civil rights restored for a state conviction is a matter determined by state, not federal law. However, for federal law to recognize the state restoration of rights exception, the terms of the restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. If the restoring state includes the three aforementioned rights then federal law contains an additional clause that must be examined. This clause looks to the actual state law to see if there are any restrictions imposed on the right of the convicted felon to possess a weapon. If there is some added firearms restriction under state law, then the federal clause is triggered to make the possession of any firearms unlawful under federal law, despite the state’s restoration of civil rights.
Is there any other way to regain the right to own a gun? In theory, one can submit an application to the Bureau of Alcohol, Tobacco, Firearms, (ATF) under 18 U.S.C. § 925(c) requesting restoration of your gun rights. The application is supposedly granted if “it is established . . . that the circumstances . . . and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.”
November 27th, 2008 at 9:36 pm
I have a felony conviction for DWIs,served time in prison.
I broke the law,i gambled and lost ! I have paid a tremondous price for my misstakes……Family,financial,freedom,humility.
Im not allowed to vote,i took my Daughter to vote (just turned 18) for the first time,but i could not !
I have no viloence on my record.
What does DWIs have to do with gun-owner-ship to protect your family and self ?
1. Im ex-military (honerable) River scout (imjin)DMZ Korea-68.
2.Tax payer for 38 yrs.
3.Bussiness Owner for 33 yrs.
4.Ive raised and carred for two familes (2)in college.
What else does the State-Goverment want from me?
They have punished me every concievable way possible for my……………..{victimless-non violent offence},you would think i commited the crime of the century! P.S.Well it is the new CASH-COW of the century for the State and Judicial system.
is’nt it funny im this TERRIBLE/DANGEROUS PERSON,not responsible enough to own a gun (military-67-69),or vote !
“BUTT” im OK………to pay TAXES ever 1/4 of the year !
I’M Imissing something here !
WHO ever reads this, THANKS for listening.
I FEEL BETTER NOW !………..
January 18th, 2009 at 4:29 pm
I was a bank director in the ’80’s and in an booming oil town, and then the oil bust came. We all got sued by the FDIC when our bank failed, even we had nothing to do with the cause (oil failure bust). I ran a Pharmacy & a customer’s schitzophrenic son died at age 28.
Mom sued me & the store claiming I sold the meds to her knowing they would kill him. I countersued her for libel & slander (wrote it myself) and I won it in court, but it was a really bad time.
I decided I needed to find a way to get my money out 0f the USA. I did, and I listed the acct. on my 1040 every yr., Pd taxes on it’s income, yet the IRS came at me and didn’t like the way I did it and I wound up having to agree to plea for a lesser charge & I rec’d a 3 yr probation, which I completed in 2007. I was told it could cost me $300,00 for trial, if I got a hung jury or wanted to appeal, they’d try me again for another $300,000. I HAD NO CHOICE BUT TO PLEA OUT.
February 18th, 2009 at 4:47 pm
My son is 25 yrs old and 3 years ago busted with narcartics and a gun. He enededup getting 6 months SAFP, 3 months halfway house, 6 months aftercare and 10 years probation. He has been out for three years. Weel, he was in poss of pot and a gun at his home and is now awaiting sentencing…..any ideas what to expect…no money for attorney’s so it is court appointed!!
February 18th, 2009 at 4:47 pm
My son is 25 yrs old and 3 years ago busted with narcartics and a gun. He enededup getting 6 months SAFP, 3 months halfway house, 6 months aftercare and 10 years probation. He has been out for three years. Weel, he was in poss of pot and a gun at his home and is now awaiting sentencing…..any ideas what to expect…no money for attorney’s so it is court appointed!!
February 18th, 2009 at 4:47 pm
My son is 25 yrs old and 3 years ago busted with narcartics and a gun. He enededup getting 6 months SAFP, 3 months halfway house, 6 months aftercare and 10 years probation. He has been out for three years. Weel, he was in poss of pot and a gun at his home and is now awaiting sentencing…..any ideas what to expect…no money for attorney’s so it is court appointed!!
November 30th, 2009 at 9:25 am
Receiving stolen goods while in college 16 years ago has labeled me for life as a ‘convicted felon’.
There should be relief for those that make mistakes after demonstrating positive life attributes, like staying out of trouble, getting a college degree, or through some sort of positive demonstration.
I am no more dangerous with a firearm, than the NC Highway Patrol trooper who got a DWI.
January 3rd, 2010 at 3:30 pm
Hello,
I would like to have the Supreme Court look at a very simple plan for felons and see if they would
go with it, Most Felons that have felonies have a record for life, But lets look at the ones that
had a Domestic Violence which really all that it was , was a argument with no combativness involved but the police charged him or her with domestic violence. Lets say this charge was 20 yrs ago and he hasnt done any type of reaccurence of this type of behavior. This in itself proves
that he or she is not a threat in society as they have proven this within years of showing good behavior or trying to better there communication skills in the next relationship they get into.
Guns are a very important tool, when your life is totally in danger, I served into the miltary,
and I trained with weapons of all types, When to use them and when not to use them.
I feel, that if I can be trusted with the military with $500.000.00 worth of equipment in Guns and
Armorment , I think that I can prove to society that my mind and willingness is on the correct note of handling a gun for protectection in my home only.
Felons 20yrs with no pevious felonies should be allowed
Domestic Violence has to be looked at in repeated occurrences within 5yrs between and if they have had this type of behavior now then I agree, NO GUNS!
To protect your home ONLY! and have gun only in the home and not allowed to carry outside the home should be allowed if a felon has proven himself to society. 20yrs with no record of any
type of anger or danger to others.
I think that you can pass a law with restricted measures of this type, I know alot of felons that
have guns in there home and have been very good about not using them other then for protection of there home so, why not just make this legal and watch the crime rate go down
after all of these punk kids try to pull off some stupid stunts like breaking into a felons house.
If the law makers dont smarten up, I promise that you will not have a choice in the diffrence of who carrys and who doesnt. Life is first on the list, and protection of Real familys are real and first on the list. So if they want to try to break in and try to kill the person for $40.00 they can find in this house beware, if there in a Coma afterwards from gunshots or paralyzed from stupidity.
Laws dont make people change, Guns always have, knowing that what there up against in acts
of stupidity and ignorance.
Please look at this in a real way as the world is changing faster then you know and prisons
are getting fuller and and your letting the wrong people out when they deserve the time they have gotten. Good Behavior in prison is not a option when you kill someone for spite.
Prison Laws need to be change along with Civil Laws.
Thank You,
Good Felon,
February 13th, 2010 at 1:12 pm
February 13, 2010 10:14am
I was a police officer at the time of my conviction in 1985. Served three years of a ten year sentence in a federal camp. Did tens of police work and handled guns all my life. I moved away from Texas when I got out and never returned. Have been a law abiding citizen and have assisted police several times in my community in fighting and solving crime. But they didn’t know my past. Now that my health isn’t so great that I can physically defend myself or family if need be, I need to own a gun. But as you know, federal law says, NO! I am not a threat to anyone and certainly not a criminal. I have not had so much as a traffic ticket since 1985. HELP! (crideaux@yahoo.com)
March 5th, 2010 at 10:32 am
The truth is is that many Americans are felons. The conviction is not the evidence of being a felon. The conviction means you were the one that got caught. Any person that ever passed a joint of pot to the person sitting next to them is a felon. Any person that has driven at least 3 times in a state of intoxication is a felon. Any person that has ever punched someone in the mouth, deserved or not is a felon. Any person that ever cheated on their taxes, regardless of how minimal it was, is a felon. Any person that ever intentionally lied to a court about how fast they were going before being given the speeding ticket is a felon. Any person that ever bumped a car in a parking lot that caused damage and then took off is a felon. A very large part of the population are felons.
March 5th, 2010 at 10:45 am
Our former President Bill Clinton is a serial felon. He has committed more felonies than most other Americans. So to be fair perhaps an application to purchase a gun should have questions about whether or not you have ever committed a felony…not whether or not you have ever been convicted of a felony. These answer to those questions should be subject to our laws for perjury. The current law allows far more felons the opportunity to possess and carry guns than it actually prevents. We all know the story about OJ Simpson. After his acquittal he could have gone out and purchased guns ad infinitum and no law could have prevented it. People change and grow after they commit a criminal act and are convicted. They call that growth circumspection. Not so much can be said for those that have not been caught.
March 5th, 2010 at 10:52 am
Felecia
It sounds like you are saying that your son, while on probation for a prior felony, committed another felony. I am not so sure what you are asking. It does not look good. His behavior is what hurts all of us with prior convictions from having our rights restored. I cannot feel a great deal of empathy for your sons plight. Someone needs to teach him what is right and what is wrong. Clearly he has not learned it yet so incarceration may be the only way to motivate him. I feel badly for you as his mother, but sometimes “tough love” is the only cure.
March 13th, 2010 at 2:43 pm
I got a pcs when i was 18. did 6 month. now still have felony,can i own a gun ????
the law says, people who served more than a year. IM now 33 havent beeb in to any trouble sense
June 1st, 2010 at 12:52 pm
i live on the eastside of indianapolis my friends house was broken into monday. he walked out of his bedroom and was shot five or more times.he didnt have a gun by choice. im a convicted felon.i was young and dumb.i dont want to get a job because people are getting shot almost everyday. 90% of the shooters are already convicted felons.most convicted felons get their guns illegaly.so if you let us have permits and register the gun under state law if that gun is used you’ll have a better idea who!!!when are people going to learn that when you say someone can’t they try to prove you wrong.tell you what i cant be around guns as a convicted felon then tell the polisce if they arrest a convicted felon they have to do it without thier guns because if my dad own a gun i would be going to jail for it and my dad would go to jail for having on around a convicted felon(happened to my friends dad).so if a cop comes near me with his gun then he should be accoutable also!im not trying to make your job harder im just trying to survive in this terrible economy!!!
June 5th, 2010 at 12:29 am
4 years ago I was charged with a nonviolent & non-drug related felony. I was never in Jail/Prison for it and was never sentenced to any Jail/Prison time. I’ve since completed the probation that I was assigned. Does this mean, even though I never went to Jail/Prison, that I too can never own a firearm? And does this restriction also carry over to all types of weapons?
July 7th, 2010 at 3:39 pm
Please contact me regarding restoration at jhv at saf dot org Or use the phone number on the website.
August 26th, 2010 at 3:11 pm
The Government DON’T want Americans to Have Guns anymore thats why the punishment for crimes is GREATER now days unlike it use to be. Instead of taking our Guns all at once and causing an uprising to over throw the Government for taking away our Second Amendment Rights they take our guns away over stupid SHIT and others around us are just happy it ain’t them instead of standing up for our fellow Americans and saying THIS AIN’T GOING TO HAPPEN…. Because AMERICA is SUPPOSE to be land of the free, but instead they are taking away our right one by one and WE Americans are letting them control us. The ONLY reason somebody should lose there firearms is for being found guilty of Murder or attempted Murder!!! If the American people would stand up for our right and let the Government know they were NOT going to bully us around anymore we would not have to live in fear from our own Government!! Felons are STILL made pay Taxes but its harder to find jobs especially good jobs to pay them. A person with a felony has less of a chance to make a good life for themselves and all due to a mistake that more than likely occurred only once and was a mistake which everybody makes in life and the Government and the law makers thrive on people making mistakes where they can take you SECOND Amendment Rights away!!! I for one am tired of only people that are in Government or has money to BUY there way out of trouble are the only ones that will EVER get there rights back or probably not lose them in the first place!!! Wake up America we are all PUPPETS!!!!!!!