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It is estimated that around 40% of the adults in the country either own a gun or live in a home where someone does. There are over a billion guns in the country, because of the relaxed laws that allow people to own and carry them. Those who have been convicted of a felony may want to go back to owning a gun once their time has been served. But it may not be as easy as wanting to go back. Many people wonder if an ex-felon can own a gun.
The question of whether or not an ex-felon can own a gun is one that is in flux. This means that it may differ by state and it is also being challenged, so at some point the laws may change. It is important to check with the government in your particular state to see what their laws are regarding gun ownership as an ex-felon.
Most people in America know that the constitution, which is the law of the land, provides citizens with the right to own a gun. Known as the Second Amendment to the constitution, states “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”
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That amendment gives every citizen the right to own a gun. However, there are some cases when those rights can be taken away, and being an ex-felon is one of them. This is especially true if the crime was considered violent in nature or if it involved the usage of a gun. Those who are convicted of such a felony typically lose their right to own a gun for the rest of their life.
Federal Law on Gun Ownership
The federal laws trump the state laws, so what the federal government has laws about the states should follow suit. That does not always happen, because there are challenges to federal laws, including when it comes to guns. But knowing the federal laws regarding a particular subject is a good starting point.
The federal government bars anyone from having a gun if they have been convicted of a felony and sentenced to more than one year in prison. Those who have served years in prison due to having a felony conviction are not eligible to own a gun once they leave prison, because the federal law states that they cannot.
The federal verbiage of the law regarding this issue states that:
Persons who have been convicted of a “crime punishable by imprisonment for a term exceeding one year,” as defined by 18 U.S.C. § 921(a)(20), are prohibited from receiving or possessing firearms under Federal law, 18 U.S.C. § 922(g)(1).
As well as this:
The Gun Control Act of 1968 (GCA) prohibits felons and certain other persons from possessing or receiving firearms and ammunition (“prohibited persons”).
The Exceptions to the Law
There are some exceptions to the law regarding this issue. This typically involves someone who was convicted of a felony and then it was later overturned or the status was changed. For example, if someone was convicted of a felony and then later they were found to be innocent or their conviction was reduced to a misdemeanor, then they may qualify for being able to own a gun again.
Those who have had their rights fully reinstated may be able to own a gun again. They would know who they are, because the state would inform them that their rights are all being reinstated. Those who have questions about whether or not their rights have been reinstated regarding this issue should contact their law enforcement agency to get clarification before purchasing a gun.
These laws typically include guns for hunting, antique guns, a firearm muffler, and a firearm silencer. Ex-felons by and large cannot own guns or ammunition for them. If they are found to have them it could be a violation of their probation or they could be charged for breaking the law, and may find that they have to serve more time in prison or jail.
Some people want there to be exceptions to the law so that they can own a gun to go hunting, or they can own an antique gun that may have been passed down through generations. There are numerous instances where ex-felons are seeking the right to own a gun, and those laws may change.
Challenges and Changes to the Law
The laws regarding ex-felons owning guns are being challenged in some areas, so they may change sometime in the near future. There are people in various states who are challenging it, stating that if they have served their time for a nonviolent felony, they should be able to have their gun law rights reinstated.
In early 2023, an appeals court agreed to hear the case, so there are people who are waiting for that trial to come about. If the court rules that people can own guns after serving their time for a felony conviction then it may change the laws across the country. It could also lead to the challenge being taken to the highest court in the land, which is the Supreme Court.
If at some point the Supreme Court agrees to hear a case on this issue, then whatever they rule would be considered the law of the land. They have the final say regarding laws and only hear cases that impact the country and make it up to them, after being heard in an appeals court first.
Those who are ex-felons who would like to own a gun should check with their local police department first. Find out if they are able to, based on how long the conviction was, and what the laws are at the time that they are inquiring about it. They will be a good resource for being able to look at your personal conviction history and comparing it with the laws at the current time, to inform you if you can own a gun or not.
