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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im a felon for pcs can i own a BB/pellet gun/rifle ?

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michael
Friday, July 23, 2010

i have a felony 17 yrs. ago (now 32yrs old) and want to get a firearm license for employment am i still able to obtain it

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james
Monday, July 19, 2010

My husband is a felon but i want to get a gun if i were out of town and our home was robbed and my husband killed the intruder would my husband get in trouble for protecting his home?

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Clara
Friday, July 16, 2010

i am afelon in TEXAS i have been told there is no way to ever get my rights back and all i was cov. of was a dwi my 1st one i hate this state any one know of a state that felons can get there gun rights back please email me

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william
Thursday, July 15, 2010

I was convicted of a b

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rick
Wednesday, July 14, 2010

I was conviced of a sex crime witch was a felony sence 1992 and would like to hunt again is it posable.

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Arthur wilson
Monday, July 12, 2010

eeewwww sex offender... grodie

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dude
Tuesday, July 13, 2010

Sorry let me explain it again.
Okay, so my husband is a felon

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LaToya
Sunday, July 11, 2010

well my husban is a felon and we got in a car accident and they found a gun on the hwy that we had the accident on it wasnt his but they said it was his just cause he is a felon please if someone can help

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LaToya
Sunday, July 11, 2010

The actual fact of the matter is that 1%er is right-you can have your right legally rstored in most states. There are procedures to go through and it does cost money(not sure its exactly $10,000) but as long as you weren't convicted of murder or armed robbery you may well be able to have your right restored.

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law_girl1
Monday, June 28, 2010

I was convicted of attempted murder in 92 got out in 98. last week a gun was discarged in my appt by a friend, I was arrested and charged for prohibited person in posession of a fire arm. the gun was then wrapped up with my t shirt and taken out of my place, so my DNA will probably be on the gun. how can I defend myself from the state and federal laws???

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Gene
Monday, June 21, 2010

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