Does the Federal government allow an ex-felon to possess a firearm?
Most felons have this burning question in their minds. Felons are generally ruled out of numerous civilian rights after convictions. The Federal government doesn’t prohibit a civilian from owning a firearm. But the scenario is different in a felon’s case. A felon rarely gets the legal rights to possess a firearm.
Anyway, there are many misconceptions about a felon’s gun rights restoration. Most felons aren’t aware of the gun rights restoration process. This article will clarify the topic in a detailed way.
Contents
Can A Felon Own A Firearm Legally?
Different US states have different sets of firearms laws. Sometimes a state’s firearm laws differ from Federal laws. The Federal firearm laws never allow a felon to reinstate his firearm rights again.
However, a felon can regain his firearm right if he gets a governor’s pardon. In such a case, he needs to apply for a pardon from the respective state governor. The Federal laws remain against him even if he receives a governor’s pardon.
In that condition, a Federal executive can still arrest you for possessing firearms. Your state government can permit you to use firearms inside the state boundaries. But you shouldn’t use your gun nearby the borders or outside your state. In such a case, the Federal authority can arrest you anytime.
Anyway, the firearm license depends upon the severity of your crime. Some critical offenses can cause a lifetime ban on a felon’s firearm rights. In other cases, the felon stands a chance to restore his rights. A felon should be aware of his state’s firearm laws carefully. He should also go through the Federal laws before using a firearm. Otherwise, that can cause an even longer sentence to him.
Is A Felon Allowed To Be Around Firearms?
No specific law prevents a felon from being around firearm owners. Anyway, the felons should not retain any association with the firearm.
Here, the term ‘constructive possession’ comes into play. This refers to a condition where the felon knows about a gun’s presence nearby him. Suppose a felon knows about a gun’s presence at his home, or he can control a gun. Then the felon would be suspected guilty if he stays there anymore. Several ex-felons got sentenced again due to the constructive possession of guns. So, an ex-felon should be conscious of this factor.
Factors That Cause A Permanent Ban On A Felon’s Gun Rights
Some specific convictions can result in a lifetime ban on your firearm rights. If the following convictions are applicable for you, a permanent ban is inevitable.
- Conviction of ‘brandishing a firearm’ twice or more times can cause a permanent ban.
- A lifetime ban will be enforced in a case of ‘assault with a firearm.’
- Were you convicted of ‘assault with an assault weapon’? Well, don’t hope for restoring your firearm right then.
- The government takes away a felon’s firearm rights in case of an ‘assault with a gun against a peace officer.’
In these convictions, the offenders stand no chance of getting back firearm rights. All states’ governments are pretty strict about these convictions.
What Is The 10-Year Ban System?
10-years ban system is applicable for felonies not associated with firearms or violence. Gun assaults that don’t violate gun restrictions also come under this system. Let’s check out the convictions that cause 10-years bans.
1 Assault
- This is applicable if your firearm assault involved an unrestricted weapon. The unrestricted weapons generally mean stun gun or less-lethal weapons.
- One conviction of ‘assault with a deadly weapon or firearm.’
- Other forms of assault also come under this category.
2 Battery
- You might be sentenced to a 10-year ban for spousal battery.
- Sexual batteries cause a 10-year ban on firearm usage.
3 Threats
- Criminal threats are one of the main reasons for the 10-years ban.
- Giving a threat to a government official can cause the same punishment.
- Threatening witnesses and victims can cause such a punishment.
4 Domestic Violence
- A felon might get punishment for causing any form of domestic violence.
- Crimes related to stalking are punished with this punishment.
5 Weapons Offenses
- This punishment is considered for a crime like discharging a firearm.
- Illegal possession of a weapon is another reason for such a punishment.
- Transferring or selling weapons or firearms can cause such punishments too.
A 10-year ban system applies to all these crimes and convictions. In such cases, the respective state government sentences a 10-year ban to the offender. Anyway, the Federal laws are beyond the state laws. The Federal laws are prioritized in case of a conflict between a state’s laws and the Federal laws.
In cases of these convictions, the felon can restore his firearms rights after ten years. However, not all states’ laws support this punishment system. This ban system is applicable in some states like California.
How Do You Restore Your Firearm Rights After Ten Years?
This is a subjective procedure, and it varies from man to man. The following points are going to highlight the ways of restoring firearm rights-
1 A felon needs a certification of rehabilitation from the state government. That is necessary to apply for firearm rights restoration. This process is only applicable if you received a 10-year firearm ban. Give up the thought of firearm right restoration in case of a permanent ban. The certification of rehabilitation assures that the felon has completed his rehabilitation. So, he is eligible for applying for firearm rights restoration.
2 Seeking a governor's pardon is another great way to do so. This is a complicated and time-taking procedure. This procedure is also known as a direct pardon. If you get such a pardon, chances of restoration get increased. Applying for a governor pardon is not easy, though. Very few felons are granted government pardon. Anyway, the Federal restrictions still prevail on the individual even after receiving a pardon.
3 The process becomes way easier if your case gets expunged. In such a condition, the authorities pardon your criminal record. Moreover, your history gets wiped out from the government’s register. This happens when a case gets dismissed. Also, this can happen after a successful probation period.
Who Can Apply For Firearm Rights Restoration After Ten Years?
- A felon needs to go through five years after meeting his punishment conditions. The person has to maintain a good reputation in this period too.
- The decision depends upon the judiciary bench entirely. The bench will grant you this right if they consider you safe for the public.
- The felon should fill the application form accurately. Any mistake in the application form can lead to clear rejection.
A felon can apply for firearm rights restoration after the authorities reject them once. However, the applicant needs to wait for a year before applying again. The authorities often grant felons their firearm rights in their second attempt.
Conclusion
A felon should double-check the state and the Federal firearm laws before owning or using guns. Many felons possess firearms without legal authorizations.
In such a scenario, felons get prolonged punishments. Some of them don’t even know the laws properly. If you want to restore your firearm rights, consult a local lawyer. He will legally guide you to solve your purpose. Don’t follow any illegal path as that can lead you to further problems.
