Is a felon whose crime is neither violent nor gun-related prohibited from owning any firearm?

Non-Violent Felons and Gun Ownership

OK I'm going to set this record staight. A convicted felon can own a handgun and a long gun if he had his rights restored in the state of conviction as long as the Certificate does not state the felon can not have a weapon. Then the felon must present the certificate to the state gun permit licensing agency and apply for a gun permit. When the gun permit is awarded then and only then can a convicted felon purchase, carry or be caught in any way with a weapon. The federal gov't reconizes Certificates of Relief and or Rehabilitations for restoration of gun rights not only voting rights. (facts not opinions)

The person who stated that ATF can no longer approve requests for felon restoration of gun rights is correct. This now depends on restoration by the state that convicted the person and its own procedure for restoration. You're in no danger under federal law if you have the right to own a gun and are complying with the law of your own state within your own state. Ohio, my state, restores the right to own a gun with a Governor's pardon wich anyone can apply for through an attorney. I personally was convicted of a nonviolent felony in 1972 and received a pardon in 1988. Recently I obtained a permit to carry a handgun under Ohio's new concealed carry law. I am not a gun nut and hadn't owned a firearm from conviction in 1972 until my brother gave me a .22 rifle around 1998, ten years after my pardon. But Cleveland has its crime- I just carry a revolver in the car (locked in the glove box to comply with the law), not on my person as I don't walk in known dangerous areas. I'm over sixty now and Cleveland, like most big cities, has cut its police force due to lack of money. If it ever comes to the point that some criminal for whatever reason comes after me and my wife with a gun (or knife) in a park or somewhere and I need to protect our lives I can- but only if I have to. And yes, there's a revolver in the house too. I'm smart enough to make sure I know where the wife is before I shoot at someone in the dark- and you had better warn them first that you have a gun and to leave; then you'll know who it is or is not and if you should shoot. You learn that in the required concealed carry class. So I hope this knowledge helps you.

Felons and Gun Ownership

Input from visitors:

• A convicted felon may not own or possess a firearm of any type, but the Brady Bill has nothing to do with it. That law is at least 70 years old.

• ABSOLUTELY! As a matter of fact being found in possession of a gun or ammo of ANY kind will automatically guarentee 5-15 years of federal imprisonment. This is strictly enforced. Not to scare you but in NV, CA, OR, and WI the officer finding a felon in posession of a gun can kill, that's right murder you on the spot and it would be declared legal homicide EVEN IF you did not in any way attempt to engage in a violent altercation with him.

• Dude, you are compeletly incorrect on your gun laws. Convicted felons can not own PISTOLS, they are then denied to earn a pistol/handgun permit. Rifles are still permitted.

• Very incorrect or mis-informed. For the last 71 years ANY person convicted of ANY felony is not allowed to possess ANY firearm, this includes pistols,rifles,shotguns,BB guns,paintball guns or as the law states "anything that launches a projectile" this also includes ANY type of ammo. You will do minimum mandatory 5 years federal time.

• Federal law prohibits a person convicted of a crime "punishable by imprisonment for a term exceeding one year" from possessing a firearm. The test is the length of possible punishment, not whether the crime is called a misdemeanor or a felony. No exception is made for having a firearm at the home, no matter how long ago the conviction. http://assembler.law.cornell.edu/uscode/html/uscode18/usc_sec_18_00000922----000-.html

• The answer is definitely NO! You can make a petition before the acting court (usually county) in most states to possess a firearm. Pistols are exempt. This needs to be done by an attorney. I know what I'm talking about because I DID IT in NYS.

• Ok, let's calm down a bit. A felon is prohibited from possessing a firearm. Does not matter if it's a pistol, rifle, shotgun or blackpowder. The prohibition can be lifted by petitioning the ATF. If your civil rights have been restored, you are specifically excepted from firearms. In other words, you can vote, sign petitions etc. but a firearm is out of bounds. A BB gun is NOT a firearm. The definition of a firearm is: a weapon from which a shot is discharged by gunpowder; usually used of small arms. Now, that is only in regard to federal law. Your individual state may include possession of BB guns by a convicted felon to be prohibited. In Arizona, a convicted felon is permitted to carry a firearm only if his civil rights have been restored. Don't get excited. Federal law supercedes the state law. So in AZ, if a convicted felon is caught with a firearm, it's a federal offense and not prosecutable on state charges.

• ANY gun manufactured before Jan. 1, 1899 (other than a machinegun or other NFA category, such as a short-barreled gun) is NOT controlled in any way by Federal law.

• I know first hand that you may not posess any pistol, rimfire, or center-fire weapon. In Texas & Tennessee, (I've lived in both) you may posses a muzzle-loading firearm/rifle not a pistol. Then after the alloted time, which varies from state to state, you may be elgible to petetion the local ATF for rights to posses a firearm. Whatever happens then, is at their discretion. For your indivdual application you ought to study the federal and your home state regulations, and don't listen to everyone else. Believe what I'm saying. I am a convicted Felon, and and avid firearms enthusiast!

• According to Mike Crooker, "Unknown to most persons, except lawyers and those ATF victims incarcerated in federal prisons, it is a federal crime for the following nine categories of persons to possess firearms: persons who have been convicted of a crime potentially punishable by more than a year (a bad check conviction 40 years ago can suffice), fugitives, users of drugs or marijuana, mental defectives, illegal aliens, dishonorable dischargees, renouncers of citizenship, those subject to domestic restraining orders, and those convicted of misdemeanor domestic crimes of violence (threatening your wife 20 years ago can be enough)."

• One thing that has not been mentioned is the fact that Congress has specifically ordered the ATF not to process applications for the restoration of gun rights for felons. This has gone on for ten plus years now. It's always incorporated in the appropriations handed to the ATF by Congress. What you can do is seek a pardon with respect to the restoration of your gun rights.

Also, please note that guns manufactured during or prior to 1898 are considered antique and are not a prohibited item for felons. You can read up on this stuff at Title 18 United States Code Section 921 and Section 922... just google it.

Keep in mind that the State and Federal government are separate soverigns... and you run the possibility of violating one yet being in compliance with the other. If the state says that a felon may possess a firearm... that does not mean the federal government will not prosecute you. I realize this can seem like a complicated mess... but, it really isn't. What needs to be done is a bit of lobbying with respect to our Congress. We have millions of people in this Country who have been convicted of a felony at some point in their lives. Congress needs to follow the law and instruct the ATF to do their job and process the applications submitted by felons for the restoration of their gun rights.

Answer

After completing 18 mos of federal grand jury duty I never saw one lone charge of felon in possession brought before us. Instead they were tacked on to other more serious federal charges. In example you used a gun to rob a bank. In my opinion a pre-cursor crime needs to be present. Not saying they cannot charge you in federal court if a felon is caught at say the gun range target shooting but I think they are a little too busy for that. I following some of the cases in the papers, it seems the felon in posession charge was used for a bargaining chip by the prosecutors.

none of you people have any idea about gun laws and should not give advice on it. if you are a felon you can own a firearm but your felony has to fall under 18 usc 921(a)20(a)

here is the law: Felons convicted only of felony "offenses pertaining to antitrust violations, unfair trade practices, restraints of trade or other similar offenses relating to the regulation of business practices" may lawfully possess a handgun under both state and federal law even without restoration of their rights. They may obtain a handgun carry permit, if otherwise qualified.18 U.S.C. ? 921(a)(20)(A).

when you look at it how many felons are out there who have aquired felonies through the course of buisness but are unaware of this law....so unless you actually know the law,quit posting stuff you dont know!!

Well some of the preceding answers are wrong

If you were convicted of a State felony, And you have had your civil rights restored including firearm rights, then the BATF will also recognize those rights.

Here is what Bureau Of Alcohol, Tobacco, and Firearms says about this issue. You can find it on BATF Form 4473 Question 12.C Notice 6, Exception 1.

A person who has been convicted of a felony, or any other crime, for which the judge could have imprisoned the person for more than one year, or who has been convicted of a misdemeanor crime of domestic violence, is NOT prohibited from purchasing, receiving, or possessing a firearm if: (1) under the law where the conviction occurred, the person has been pardoned, the conviction has been expunged or set aside, or the person has had civil rights (the right to vote, sit on a jury, and hold public office) restored AND (2) the person is not prohibited by the law where the conviction occurred from receiving or possessing firearms. Persons subject to this exception should answer "no" to 12 C. or 12i, as applicable. A person who has been convicted of a misdemeanor crime of domestic violence also is NOT covered by the Prohibition unless: (1) the person was represented by a lawyer or gave up the right to a lawyer: and (2) if the person was entitled to a jury, was tried by a jury, or gave up the right to a jury trial. Persons subject to this section should answer "no" to 12i.

So as you can see, if the state and court of conviction has restored your right to own a firearm, then your rights as far as the Federal Government is concerned have been restored. There is a exception to this... If the state you live in makes a distinction between restoring your right to rifle's but not handguns, then only your right to a rifle or shotgun has been restored and it will still be illegal to possess a handgun.

Your right bro above me. The state of California says that if you have been convicted of a domestic violent charge and it was a misdemeanor you have to wait 10 years before you can have any firearms rights restore. If it was a felony and it was a wobbler you have to get it reduce to a misdemeanor and then expunged and you can have your rights restored. You can not just get a felony expunged it also has to be reduced then dismissed and that will make the federal law that says you can not have a firearm allow you to have a firearm other state laws are different then California law as I have been researching this for a long time both my cases are over 17 years ago and I research and research it. All states are different but. The way California law is as you said that my felony was first reduce then it was dismissed per 1203.4 pc but the misdemeanor I am working on now with a lawyer even though it was old they found a violation of probation. So I had to get a lawyer. But if you do your homework as you stated and are correct yes most people don't know about having a gun possession. Mine is because I want to protect myself if I need to at home from someone just forcing there way into my home you might say I feel necked as a man with out protection. And as I read in some cases that the firearms rights should not have even been taken because I met a lot of guys inside who did worst and I was like what the hell am I doing in here. So I think they should change that law to state if a person commits serious injury like throwing out of a window or beating the hell out of her then yes by all means don't let them posses but someone like me who was just trying to get the hell out the house I think it is wrong especially when you never went to prison. Some judge seen something was not right with the case then they reduce and dismissed it.

• First felons should not own guns anyway. None of this "It was a white collar crime no one got hurt". No, you are a felon-no guns.
• If you can get a pardon for a state level felony from the governor of your state who is the supreme authority on the state level you can own a firearm. Good luck with that.
• If you have a federal felony you need a federal pardon. So how do you do that? You need money and a lot of it.
• Can a felon someday own a gun? Sure it will cost lots and lots of money.
• Should a felon own a gun? No. Sorry but don't do the crime if you can't do the time.
• Am I some ACLU card carrying anti-gun nut? No! I own and carry guns. I always have a gun with me when legal, but I am not a felon.

Okay, personally, I contacted the BATF and they said any antique or REPLICA antique firearm that was muzzle-loading was okay. But, again, check your local laws. Non-standard rim-fire weapons were okay according to them, too. Whatever those are. Tazers are considered a firearm under the felon with a firearm law, for some stupid reason. So are stun guns. They just want to make sure you act in a legal manner and die when in danger. I'm fairly certain crossbows, long bows, swords, shurikens, slingshots, mace, hairspray and a match, etc are all still legal.

First answer by doug Smithart. Last edit by Teikyo30. Contributor trust: 3 [recommend contributor]. Question popularity: 213 [recommend question]