Felony Guide

Felony Gun Laws

Can felons carry guns? Do guns laws for felons vary by state? Are any states, such as Texas, particularly harsh on felons carrying guns? When is a felon eligible for a gun permit again?

Congress passed the first blanket prohibition on felons carrying guns in the Gun Control Act of 1968, which made it illegal for felons to possess a gun any under circumstances. The Firearm Owners' Protection Act, passed in 1986, reinforced the ban on felons carrying guns, and also banned people who have been convicted of a crime punishable by more than one year of imprisonment from possessing guns.

Congress later expanded federal gun control laws by passing what is commonly known as the Lautenberg Amendment, which prohibits persons who are subject to protective or restraining orders as a result of domestic violence, or who have been convicted of misdemeanor crimes involving domestic violence. Incidentally, these federal laws not only ban felons from possessing guns, but also from possessing any type or amount of ammunition.

In addition to the long-standing federal prohibition on felons possessing guns, there are also many state laws that limit the ability of a felon to legally carry a gun, some of which even predate the federal law. At one extreme, some states prohibit anyone who has been convicted of a felony, and even of certain misdemeanor crimes involving violence, from ever legally carrying a gun. Other states prohibit only those persons who have been convicted of certain violent felonies from carrying a gun.

There are also states where you might be able to legally carry a gun, even though you have been convicted of a felony, if a certain amount of time has passed since you finished serving your term of probation or incarceration. Plus, in the vast majority of states that restrict the possession of guns by felons, juveniles who have been convicted of crimes that would have been felonies had they been adults at the time of conviction are also prohibited from carrying guns. Thus, there are many variations in the exact details of the laws that restrict felons from carrying guns from state to state, but, despite the nature of the state law at issue, the bottom line is that federal law always prohibits felons from possessing guns.

In some states, there are procedures by which a felon could attempt to regain eligibility for a gun permit and/or to legally carry a gun. Federal law states that if a felon has his or her civil rights restored by the state in which he or she was convicted of the felony, then a felon might become eligible to carry a gun, subject, of course, to any state law restrictions on felons possessing guns.

A felon might have his or her civil rights restored, for example, if the felony conviction was expunged, overturned, pardoned, or otherwise set aside. Every state has different laws for these processes, and you must follow the procedures and laws of the state of your felony conviction in order to attempt to become eligible for legal gun possession. As a practical matter, however, there are some states whose laws do not provide for the restoration of the right to carry a gun for felons, such as North Carolina. In those states, then, there is simply no relief from the lifelong ban on a felon possessing a gun.

Seel also:
Felony Restrictions: Owning a Gun
Texas Gun Law

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I got My Record sealed. Felony 4 . Went to a gun safety class. Then I went and bought a gun. Past the FBI background check the Colorado Background check. Thin Applied for my ccw .And thin they said I can't Have A Gun..What do I Do.Im Trying to do the Pardon.I just need Help

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Brett
Monday, November 4, 2013

what if get caught with firame on fenloy probation


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jen
Thursday, October 31, 2013

im a felon and work for the federal government can I apply for a gun permit and my felone is 13 years old

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tracy
Wednesday, October 23, 2013

I was recently hired at a pawn shop in Ohio. As I am in training now, I have come to learn the rules for buying

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Christopher J Cavallaro
Thursday, June 6, 2013

What happened to the rest of my question?

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Christopher
Friday, June 7, 2013

I was convicted of B

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Tracy
Friday, April 5, 2013

I was convicted of B

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Tracy
Friday, April 5, 2013

I have a felony of 6 years ago but was dropped due to prosecutors motion, what does that mean?

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shane
Friday, March 1, 2013

Where can I find info on my gun carrying eligibility. I'm a convicted felon but its been over 5 yrs since the completion of my parole. Non violent crime, no gun charges and I'm a Texas resident. Any help would be appreciated.

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justin hehmke
Sunday, January 6, 2013

Hey I'm in the same boat but its been 10 years on my end since probation. Did u find out any helpful info? Please let me know if so.

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charles miles
Tuesday, April 2, 2013

Is it not true the GCA of 1968 is actually unconstitutional whether ruled that way or not. I do not understand the authority of the federal government to write this law and where does the Constitution give them this authority?

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John
Friday, January 4, 2013

can a felon own a gun if he is on probation for drug charges if so what can i do to have him locked up he has hit my granddaughter and has a rifle what can i do he is still on probation

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bert swan
Wednesday, January 2, 2013

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