Can a non-violent felon own a firearm? 72 Answers as of August 31, 2011

The best way to find out is probably to contact your local sheriffs department and ask them. You can also contact your local state probation department. In most instances the answer is no.

It is illegal under federal and state law for a convicted felon to be in possession of a firearm. There are severe penalties for doing so. Therefore, unless you obtain a pardon or (depending on the state) the state where you were convicted has a procedure to restore your rights to possess a firearm, you should not do so.

The constitutional right to keep and bear arms is being examined by the United States Supreme Court. Civil rights attorneys, specifically an attorney that focuses on the second amendment, is the attorney who can best advise you on what you can do to secure your constitutional right to keep and bear arms, despite a felony conviction for a nonviolent offense that occurred a long time ago. You should seek to hire an attorney that focuses on such matters as soon as possible as the fight may be a long one.

There is a procedure to file a Motion to allow a convicted felon to purchase/own a firearm. Some convictions will not allow the grant of the motion. It requires a filing fee, motion, and hearing with the Court. If interested in assistance with this, and you are in the Detroit metro Area, you may contact my office to arrange an appointment to further discuss my representing you.

Depending on what "degree" (C or B) your felony was, you could apply to have it expunged from your record. Then you can own firearms outright, instead of looking for a loophole. The process is relatively simple. Call around to some lawyers in your area. If you can't have the conviction expunged, there is no exception for non-violent felons.

Good question! Under Federal Law, the 1968 Crime Bill prohibits all felons from owning, buying or possessing firearms. The good news is one can have the right to keep and bear arms restored under limited circumstances. If your alleged crime happened in Washington, I can help you get the felony vacated and dismissed and your gun rights restored. I've been doing that for several years and I can definitely help you as long as your fines are paid and you have had five years after finishing probation and no new criminal convictions. Please call me and we can discuss your next step.

The prohibition on owning firearms generally applies to ALL felonies, and not just those that are considered "violent" offenses. If you were convicted of a felony you may not own or possess any firearms or ammunition, regardless of the felony you were convicted of.

I would have to know the specific legal record information to give you the most accurate response. Feel free to discuss with me furher or if I can help you at all regarding your past charges or the firearm situation.

Not in Oklahoma. The only exception is if you receive a pardon on the non-violent felony. 21 O.S. 1283

No. You would be committing a felony offense under both federal and state law. The law does not distinguish between violent and nonviolent felonies in this type of situation.

The law does not specify the types of felonies prohibited from owning firearms, just that it is illegal for a convicted felon to be in possession of a firearm.

Your question does not specify, so assume that you mean California. You will need a personal consultation with an attorney. You can definitely not own a concealable firearm (a sidearm), unless you obtain a Certificate of Rehabilitation and a Pardon from the Governor. You cannot receive those until seven years after you were out of custody. You will need to have a personal consultation with a qualified attorney regarding rifles and hunting.

First, by way of disclaimer this reply does not establish an attorney client relationship and is general answer only. A more specific answer could be provided if you contact me and retain me. However in general convicted felons in NY cannot possess firearms but could be exception if not for hand gun but perhaps a hunting rifle, but I would need more information from you to answer better. Looking forward to hearing from you.n

As far as my experience, the law is very clear cut. Felony convictions mean lifetime firearms bans, regardless of the type of felony.

No, a convicted felon may not own a firearm. There is a federal law, known as the Brady law which makes it a crime for a convicted felon to own a firearm unless the person's civil rights have been restored.

No, you cannot own a firearm.

It depends on the laws in the state where you live. There are differences between owning a gun and being able to carry a gun.

No. Call me to schedule formal meeting to retain me to defend your rights.

The short answer is "no," you can not own a firearm if you have a felony conviction. However, you may be eligible to apply for a pardon or restoration of your civil rights. You will need a lawyer in your state to help you with this. It can be very difficult to accomplish. Good luck.

If the civil rights of someone convicted of a felony have not been restored, it is a violation of federal and state laws to possess a firearm or ammunition. This is a very serious crime. If the case was adjudicated in Arizona, the process of having civil rights restored maybe fairly straight forward. One should seek the services of a competent professional, although forms to obtain the desired relief may be available from the court but, as the possession of a firearm or ammunition is a serious crime, the better course of action is to obtain assistance from a competent professional.

This answer is a general statement of law, did not and could not consider all details of your situation, should not be relied upon as legal advice, does not create an attorney/client relationship.

As far as I know, it is against Federal Law for a felon to own a firearm. In Oregon where I practice, it is also against the law for ANY felon to own a firearm no matter what the felony conviction was for. You may want to explore expunging your conviction. That will remove the felony conviction, if it can be expunged (not all felony convictions are eligible). A caveat: even after a state conviction is expunged, you may still be considered a convicted felon under federal law.

No. It does not matter what the felony is for; if you have a felony conviction, you cannot own a firearm.

You can always attempt to expunge your prior felony if you would like to have that off of your record and not worry about it.

No. You can petition for relief. Penal Code Section 12021

I am afraid not.

Each state has its own rules concerning this issue. However, federal law trumps state law on this issue, and if a person has been convicted of a felony in a state court, federal law prohibits a felon from owning a firearm. If your state has an expungment statute, this may be a way around the issue.

A convicted felon can, under certain circumstances, apply to have their rights reinstated. If this happens, then a convicted felon can legally own a gun. If this does not happen, then a convicted felon cannot own a gun.

Try to get an expungement or pardon.

In Colorado the law is that anyone with a felony conviction - regardless of what it was for - cannot possess, use or carry a firearm.

That is very unlikely.

After being convicted of a felony, a person must file a written request with the court to receive their right to possess a firearm back. Some of the factors that the court will consider in determining whether or not to return gun rights are: criminal history, performance on probation, past violence, victims' injuries, current status, length of time with clean record, etc.. On a first time non-violent offense, the court would likely return the right to possess a firearm after probation has been successfully completed. When a considerable amount of time has passed and no other charges have been raised, the court would also entertain a motion to set aside the past conviction and allow the person to move forward having the felony conviction set aside.

Federal law forbids felon's from possession of weapon and it would be a crime that you could be prosecuted for. It makes no distinction between a registered vs. non-registered weapon. Does not matter if the conviction is for a non-violent offense. Prohibition extends for misdemeanors for domestic violence.

You should consult with an experienced criminal defense lawyer in your jurisdiction concerning this question. Each state is different. Generally, a convicted felon in this state (Georgia) cannot possess a firearm, no matter what type of felon y it may be

No, you cannot own a firearm if a convicted felon.

Probably not. The best way to find out is to apply for a carry permit with your local Sheriff (in Pennsylvania). If you are a New Jersey resident, forget about it.

No, and even if you can own a long gun in CA it is still a federal crime. If you want a gun have it registered in a friend's name and do not keep it at your house.

No, the felon in possession of a firearm statute which prohibits you from owning such a weapon make no distinction with respect to whether the felony involved violence or not. M.E.

Unless there is some special exception in your state (there is none in GA) you cannot possess a firearm if you have a felony conviction. Possession is not ownership. GA cares not who the owner might be,you cannot possess a gun if you have a felony conviction.Possession is actual (physically in your hand) and constructive (in your house, in your brother's room). If you can get to the firearm in the house, then you constructively possess it and will be prosecuted if caught (possible 5 year sentence)

In order to obtain and lawfully possess a firearm here in Illinois, you would need a valid FOID card, and because you have this felony conviction on your record, you cannot get the FOID card. My suggestion is to try and get a pardon from the governor's office, ad your conviction occurred so long ago, and was a non-violent matter.

No, if you were convicted of a felony and sent to prison you can not own a firm arm.

If you are convicted of any felony, then you are not allowed to possess a firearm. It does not matter that the felony was a non-violent property offense. The best advice would be to have your felony expunged if enough time has passed. It can take about 5 months but the result will be a sealed record and you would be allowed to possess firearms as any non-felon would. Contact me for a free consultation.

There are exceptions to the statute that would make the statute not applicable. For example if you received a pardon with respect to the crime or felony and were expressly authorized to possess a firearm under 18 USC app. 1203. Without more information I cannot give you an opinion as to whether or not any of the exceptions would apply to your circumstances. This is for informational purposes only and should not be construed as legal advice. Good luck!

As to California, no, a felon cannot own a firearm. The only possible way is to get a full and unconditional pardon from the Governor.

No, it makes no differences whether it was violent or not.

Under Federal law (1968 Gun Control Act) a convicted felon may not possess a firearm. There is no distinction in what type of felony. Federal law overreaches state law.A person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. See 18 U.S.C. 922(g). This includes some misdemeanors as well.

No, a convicted felon cannot own or possess a firearm, even if your case is later expunged. If you were a minor at the time, then your proceeding was not a criminal "conviction." You should consult with an attorney so they can review your documents.

You may be able to register, call me to discuss the possibilities.

I felon cannot own a firearm. If your sentence was deferred pursuant to Code of Criminal procedure 893, then you may be able to convert the conviction to an acquittal and have it expunged from your record.

No, not in California.

As a general rule, under Minnesota's Gun Control Act, Minn. Stat. 624, a person who has been convicted of a crime of violence as defined under the act (and the list is long), a domesti8c abuse criminal charge of any sort, or who has been convicted of a felony drug offense may not possess a firearm unless ten (10) years have elapsed since the sentence discharge (meaning off probation), or restoration of civil rights, whichever occurs first AND the person has no other offenses of the same categories.

A felon cannot own or posses a firearm. They cannot serve on a jury or vote. Whether there is a way for you to obtain the status that you my own a firearm depends on the facts of your case. Contact me for a free consultation to discuss your options.

You can petition that the crime be reduced through a 17(b) Motion to a misdemeanor and then Expunge the Crime and thus own a firearm.

No. Any felony conviction bars you from owning or possessing firearms or ammo. You can seek expungement, to help you in employment, but it would not change your prohibited person status under state and federal law.

Many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.

A convicted felon cannot possess a firearm. However, it may be possible to reduce you charge to a misdemeanor and then in CA you can possess a firearm.

There is a process of restoring civil rights for someone who was previously convicted of a felony. Among the rights that MAY be restored is the right to bear arms.

We actually assist many individuals with the restoration of their rights. Legal matters such as restoring your civil rights are complicated. We recommend that you seek immediate legal representation. A competent attorney can explain small differences in the law or the facts that
could dramatically affect your case. Feel free to contact us for assistance.

Even for a single non-violent felony, you are barred for life from possessing a firearm by federal law and laws in most states. (The federal law is found at Title 18, United States Code, Section 922(g)(1)). Currently, the only way around the federal prohibition is to have your civil rights fully restored, such as from a presidential pardon, a state-level pardon, finding of factual innocence, or similar process. Many common after the fact dismissals, such as an expungement in California, does not restore your right to possess a firearm.

This may change. With the recent Supreme Court decision declaring that the Second Amendment protects an individual right to possess firearms, there has been much legal speculation that the felony prohibition might be unconstitutional in the case of someone convicted of a non-violent felony. A good lawyer could file a serious and credible constitutional challenge seeking to the law and seek to have your right to possess a firearm restored. Feel free to give me a call to discuss it.