Will I be able to own a handgun if I have a felony charge? 64 Answers as of July 03, 2013

I am 20 years old and I am going through a felony charge and I was wondering if after all my law stuff gets done with and I will be free of anything and I will have a felony on my record. What I am asking is will I be able to buy and own a hand gun? When I am of proper age?

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Austin Legal Services, PLC
Austin Legal Services, PLC | Jared Austin
You have to be 18 in Michigan to purchase handguns and firearms. However, anyone convicted of a felony or under a felony indictment is not eligible to purchase handguns or firearms.
Answer Applies to: Michigan
Replied: 8/24/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
August 18, 2011 If you are convicted of a felony you are precluded from owning or posessing any firearm. Following your conviction, after you have served your sentence and your probationary period has expired, and the other time restrictions have expired, you may petition the State of Alabama for restoration of your civil rights including getting your gun rights restored.
Answer Applies to: Alabama
Replied: 8/19/2011
The English Law Firm
The English Law Firm | Robert English
No, a felon cannot possess a handgun.
Answer Applies to: California
Replied: 8/18/2011
Lewis & Dickstein, P.L.L.C.
Lewis & Dickstein, P.L.L.C. | Loren Dickstein
Not under federal law.
Answer Applies to: Michigan
Replied: 8/18/2011
Beaulier Law Office
Beaulier Law Office | Maury Beaulier
No. You will be unable to own a firearm if you are "convicted" of felony charges.
Answer Applies to: Minnesota
Replied: 8/18/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If you are convicted of a felony, you cannot own or possess firearms. While on felony probation, you cannot possess any weapon. Once your probation is closed, your fines paid and five years have passed without any new crimes, you can petition the court to vacate and dismiss your felony conviction and restore your firearms rights. But that is only true for some felonies. DUI and related crimes cannot be vacated. Nor can serious violent felonies, kidnapping and sex offenses. If your felony is none of the above, you can eventually get clear of this charge.
    Answer Applies to: Washington
    Replied: 8/18/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you are convicted of the offense, you will never be able to get an FOID, in Illinois.
    Answer Applies to: Illinois
    Replied: 8/18/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    If you receive a "conviction" for a felony, you will not be able to own - or even possess - a firearm in Missouri. Therefore you should talk to your attorney about trying to get you an SIS probation or amended charges.
    Answer Applies to: Missouri
    Replied: 8/17/2011
    Donahue, Sowa & Magana Attorneys at Law
    Donahue, Sowa & Magana Attorneys at Law | Glenn M. Sowa
    If you are a convicted felon, you may not own or possess a firearm. It is both a federal and state offense for a felon to be in possession of a firearm. So, if you are convicted of your felony offense, regardless of your age, you will not be able to buy and own a hand gun.
    Answer Applies to: Illinois
    Replied: 8/17/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    If you are convicted of a felony of any type, you may not own a gun of any kind, regardless of age. The only exception is after you obtain a pardon. A difficult undertaking.
    Answer Applies to: California
    Replied: 8/17/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    Under federal law, you will never be able to own a firearm unless your rights are civilly restored in a few years.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Every felony conviction has a prohibition concerning the possession, ownership, or control of any firearm. This prohibition may last as little as 10 years but for some felonies it may last a lifetime.
    Answer Applies to: Kansas
    Replied: 8/17/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    In New York State you cannot get a gun permit if you have a felony conviction or military violations that would be considered a felony under New York State criminal, federal,or executive law. This is because even though we allow citizens to buy automatic weapons, handguns, and other dangerous items, we do not allow "criminals" to have guns. This is so even if it was just possession of marijuana, or non-violent offense. Even the gun lobbyists don't want criminals to get their hands on guns. If you really want to get a gun you can retain an attorney to see if there is a way to vacate the conviction or get around the law.
    Answer Applies to: New York
    Replied: 8/17/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    This depends upon the nature of the charges against you (what kind of crime) and also what their disposition will be after your case: conviction, dismissal, suspension, etc. The short answer is that if you are convicted of a violent crime, you will not be able to purchase and own a handgun.
    Answer Applies to: Louisiana
    Replied: 8/17/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You would have to have you rights restored first and that depends on the felony some you only have to wait a certain number of years ans they are automatically restored. Other felonies you have to apply to the county gun board to get them restored.
    Answer Applies to: Michigan
    Replied: 8/17/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Unless your civil rights are restored, a convicted felon cannot be in possession of a firearm.
    Answer Applies to: Oregon
    Replied: 8/17/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If you are convicted, the answer is NO.
    Answer Applies to: Washington
    Replied: 6/26/2013
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    No. Felons cannot possess firearms. Eventually (10 years) you will be eligible to have the felony vacated, and to have your civil rights restored.
    Answer Applies to: Washington
    Replied: 8/17/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    As Colorado law currently stands, no.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Watkins Law Office
    Watkins Law Office | Bob Watkins
    Depends on the type of felony conviction as not all exclude gun possession. The felony must be drug related or one against the person or property of another. That does include just about all but not all. There is also the possibility of eventual annulment of the conviction. The time-table for that varies by type of conviction and sentence.
    Answer Applies to: New Hampshire
    Replied: 8/16/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    If you plead guilty to a felony or get convicted of a felony you will not be able to own a fire arm. There are also other things you may not be ableto do such as get a civil service job, enter the military,be a police officer, vote.You should hire an attorney to try to get the charges reduced to a misdemeanor and not a felony.
    Answer Applies to: New York
    Replied: 8/16/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    A felony conviction will keep you from owning a hand gun. Age has no bearing on the matter.
    Answer Applies to: Nebraska
    Replied: 8/16/2011
    Hedges & Tumposky
    Hedges & Tumposky | Michael Tumposky
    No you will not be able to do so. It is a violation of federal law.
    Answer Applies to: Massachusetts
    Replied: 7/3/2013
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    You will not be able to legally own a handgun with a felony charge.
    Answer Applies to: Massachusetts
    Replied: 7/3/2013
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    If you are convicted of a felony you will not be able to possess a hand gun.
    Answer Applies to: Minnesota
    Replied: 8/16/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Not if you take a felony conviction.
    Answer Applies to: Missouri
    Replied: 8/16/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    You may seek reinstatement of your firearm rights five years after completing the sentence and conditions of sentence on a class C felony. It is ten years on a class B felony.
    Answer Applies to: Washington
    Replied: 8/16/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    First there is the question of whether or not a person can possess a firearm, as compared to owning one, though keeping it elsewhere, pending a felony charge, and owning or possessing one after, presumably a conviction. State felony convictions may be treated differently from federal ones. The conditions associated with your status, pending trial are best answered by your current attorney. Assuming a conviction for a felony, the federal government treats it as a bar to ownership and possession. This may be a subject for litigation since, Martha Stewart, is a convicted felon, but no one would argue that she represents a danger. If a person is facing a felony, you should strongly consider that along with a conviction, possible prison time, probation, fines etc, in many states, and according to the federal government, you will lose your right to keep and bear arms. Thus you should mount an effective defense now, in order to try to avoid a felony conviction. If you have a conviction, consider hiring an attorney to mount a challenge to your bar.
    Answer Applies to: Hawaii
    Replied: 8/16/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    If you are convicted of the felony you may not own or possess a gun ever. This may mean for life.
    Answer Applies to: California
    Replied: 8/16/2011
    Ramsell & Associates LLC
    Ramsell & Associates LLC | Donald Ramsell
    You cannot own a handgun with a felony conviction, unless you apply to the Illinois State Police and get an exemption.
    Answer Applies to: Illinois
    Replied: 8/16/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    I would suggest to contact an attorney because you may be cleared after 10 years from the end of your sentence, probation, or parole, whichever occurs last.
    Answer Applies to: Louisiana
    Replied: 8/16/2011
    The Grundy Law Firm, PLLC
    The Grundy Law Firm, PLLC | Elvin Grundy
    The Arizona Legislature has provided a pathway for felons to restore their civil rights pursuant to A.R.S. Sections 13-904 13-908, including the right to posses a firearm (See 13-905). However, if the person was convicted of a dangerous offense as described by A.R.S. 13-604, that person may not file for a restoration of gun rights for 10 years from the date of discharge from probation.
    Answer Applies to: Arizona
    Replied: 8/16/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    Depends on the felony charge as to whether you can get your gun rights restored.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Probably not.
    Answer Applies to: New York
    Replied: 8/16/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Absolutely not. It is a both a state and federal offense. If your felony is a "Wobbler" (that is, if it can be charged as either a felony or misdeamor) and they charged it and convict it and convict you as felony after completion of probation you can get it reduces to a misdeamor.
    Answer Applies to: California
    Replied: 8/16/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    You will lose your right to own or possess firearms upon conviction for a felony. If the felony is not a sex offense or a Class A felony and/or a felony with a maximum penalty of at least 20 years then you can get your right to possess firearms restored after at least 5 years have passed and you have not had other criminal convictions.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Generally, any felony will bar you from possession or purchasing a firearm under state or federal law. However, you may depending on the charge be eligible to have the felony expunged or set aside 3 years from the date of conviction if that is the only criminal conviction you have. Not all felonies are expungeable however. If the felony is not expungeable you are eligible to have firearm rights restored 15 years from the date of conviction if you only have the one felony conviction on your record. There is a mechanism to apply to have firearm rights restoredat a later date if you are able to convince a judge by clear and convincing evidence that you are not a danger to yourself or others.
    Answer Applies to: Oregon
    Replied: 8/16/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    If you get convicted of a felony charge, you cannot legally own a gun of any kind. If you do and are caught with a firearm, you can be prosecuted (under state and federal law) for a crime called Felon in Possession of a Firearm.
    Answer Applies to: Oregon
    Replied: 8/16/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    If you are a convicted felon you will not be able to own or possess a firearm. I believe there is a three year minimum mandatory if you are convicted of Possession of a Firearm by a Convicted Felon.
    Answer Applies to: Florida
    Replied: 8/16/2011
    Law Office of Sean Patrick Walsh
    Law Office of Sean Patrick Walsh | Sean Patrick Walsh
    This email is based on the law in Idaho. It depends on the felony. Some felonies will result in the loss of the right to possess firearms for life, while others allow you to get your rights back after probation, parole, or completion of your sentence. If you qualify, you may also be able to get your gun rights back by filing post-conviction motions to dismiss your case under I.C. 19-2604
    Answer Applies to: Idaho
    Replied: 8/16/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No, felons cannot possess firearms.
    Answer Applies to: Michigan
    Replied: 8/16/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    First, if you are convicted of a felony it is a crime to own a gun in California. If you've been convicted of certain enumerated misdemeanors in California (assault, brandishing weapon) (see Penal Code 12021(c)(1) for a complete list of offenses) you will face a 10 year prohibition from owning a gun. Even if it weren't the problem is that there is a lifetime federal firearms ownership ban for anyone convicted of a felony also. 18 USC 922(g)(some exceptions apply, ie: antitrust, foreign convictions). There is an exception to the federal prohibition for felons who have had their gun rights returned by expungement (PC 1203.4 dismissal, actually) (not available for felonies in California, plus doesn't restore gun rights to misdemeanants), rehabilitation, and pardon. So technically if you waited for 10 years, got a pardon or certificate of rehabilitation you could own a gun again.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    If you are convicted of a Felony you will not be able to possess a firearm in the State of California. Therefore, it is of great importance to make sure that you do not get convicted on your present case. Get an experienced, Defense Attorney to help you evaluate your case, and to prepare your best possible defense. Then fight the case, and win, without losing your right to possess a firearm!
    Answer Applies to: California
    Replied: 8/16/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    If you end up with a permanent felony conviction on your record don't plan on ever owning a gun.
    Answer Applies to: Colorado
    Replied: 8/16/2011
    Kathleen N. Carey Law Offices, PLC
    Kathleen N. Carey Law Offices, PLC | Kathleen N. Carey
    When you are a convicted felon, you lose your gun rights (and your right to vote as well as the right to sit on a jury). You will then have to petition the court to have them restored, after the passage of time, assuming you are eligible. Your (current) age has nothing to do with those rights as you possess the right to carry in Arizona when you turn 18.
    Answer Applies to: Arizona
    Replied: 8/16/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    No. You should contact an experienced criminal defense attorney to try and beat the felony charge. If you are convicted, it is a separate felony offense to be a felon in possession of a firearm.
    Answer Applies to: Minnesota
    Replied: 8/16/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Perhaps. Under Oregon law, felons are forbidden to possess firearms. But 1) you can ask the court for restoration of firearm rights, and 2) in DC v Heller, the US Supreme Court decided that there is an individual right to possess firearms, but they did not explain the contours of that right. Some federal courts have suggested that nonviolent felons are entitled to possess firearms.
    Answer Applies to: Oregon
    Replied: 8/16/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You will not be able to own or possess a handgun as long as you have a felony on your record. This means you should have an attorney write a 17(b) motion and subsequent 1203.4 motion to reduce your charge to a misdemeanor, withdraw your plea of guilty, and request that the case be dismissed. This can happen only when you successfully complete the terms of your probation.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    If you are convicted of a felony in California, you will forever be banned from owning or possessing a firearm. You don't say what the charge is or whether it can be reduced to a misdemeanor, but you need to discuss this with your attorney. You're facing felony charges, so I assume you have one. Talk to them.
    Answer Applies to: California
    Replied: 8/16/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    If you have a felony conviction, you will not be able to possess a handgun or any other type of gun legally.
    Answer Applies to: Georgia
    Replied: 8/16/2011
    Law Offices of Aaron T. Hicks
    Law Offices of Aaron T. Hicks | Aaron Hicks
    Unfortunately, you will not be able to own or possess a firearm if you are convicted of a felony in California pursuant to Penal Code 12021. You may be able to later have your firearm rights restored if your felony conviction is reduced to a qualifying misdemeanor, or expunged.
    Answer Applies to: California
    Replied: 8/16/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    Not if you have a felony conviction.
    Answer Applies to: California
    Replied: 8/16/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    Convicted felons cannot posses firearms.
    Answer Applies to: Washington
    Replied: 8/16/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    You will not be able to possess a firearm until your right to do so has been restored.
    Answer Applies to: Washington
    Replied: 8/16/2011
    Noel & Noel, PLLC | Lacey Noel
    If you are convicted of a felony, you lose certain rights such as the right to own a handgun. You have to Petition the Court to have this right reinstated after your probation period. It is a discretionary decision by the Judge meaning that Judge can make the decision, it is not automatic.
    Answer Applies to: Washington
    Replied: 8/16/2011
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