Can I Buy A Gun With A Pending Felony Charge?
| Can I Buy A Gun With A Pending Felony Charge? | State | Explanation |
|---|---|---|
| Yes | Alabama | You can buy a gun with a pending felony charge in Alabama as long as you have not been convicted of the felony. |
| No | California | You cannot buy a gun with a pending felony charge in California. |
| Yes | Florida | You can buy a gun with a pending felony charge in Florida as long as you have not been convicted of the felony. |
In the United States, the purchase of a firearm is regulated by federal law. The Gun Control Act of 1968 (GCA) establishes the basic framework for federal firearms laws. The GCA prohibits certain people from purchasing or possessing firearms, including those who have been convicted of a felony.
This article will discuss the federal law on gun purchases, including the definition of a felony and the specific offenses that disqualify someone from purchasing a firearm. We will also discuss the process for restoring your gun rights if you have been convicted of a felony.
Federal law on gun purchases
The GCA defines a felony as any crime punishable by imprisonment for a term of more than one year. This includes both state and federal felonies.
The GCA also lists specific offenses that disqualify someone from purchasing a firearm. These include:
- Conviction of a felony
- Conviction of a misdemeanor crime of domestic violence
- Adjudication as a mental defective
- Involuntary commitment to a mental institution
- Conviction of a drug-related offense
- Being a fugitive from justice
- Being a user of or addicted to a controlled substance
- Being an alien illegally in the United States
In addition to these specific offenses, the GCA also gives the Attorney General the authority to deny a firearm purchase to anyone who he or she deems to be a danger to themselves or others.
The process for restoring your gun rights
If you have been convicted of a felony, you may be able to restore your gun rights. The process for doing this varies from state to state. In some states, you may be able to apply for a pardon or expungement of your conviction. In other states, you may need to wait a certain amount of time after your conviction before you can apply for a firearm permit.
If you are interested in restoring your gun rights, you should contact the appropriate authorities in your state.
The federal law on gun purchases is complex. If you have any questions about whether you are eligible to purchase a firearm, you should consult with an attorney.
Headline 1: Definition of a felony
A felony is a crime punishable by imprisonment for a term of more than one year. This includes both state and federal felonies.
Headline 2: Specific offenses that disqualify someone from purchasing a firearm
The GCA lists specific offenses that disqualify someone from purchasing a firearm. These include:
- Conviction of a felony
- Conviction of a misdemeanor crime of domestic violence
- Adjudication as a mental defective
- Involuntary commitment to a mental institution
- Conviction of a drug-related offense
- Being a fugitive from justice
- Being a user of or addicted to a controlled substance
- Being an alien illegally in the United States
Headline 3: The process for restoring your gun rights
If you have been convicted of a felony, you may be able to restore your gun rights. The process for doing this varies from state to state. In some states, you may be able to apply for a pardon or expungement of your conviction. In other states, you may need to wait a certain amount of time after your conviction before you can apply for a firearm permit.
If you are interested in restoring your gun rights, you should contact the appropriate authorities in your state.
Can I Buy A Gun With A Pending Felony Charge?
The answer to this question is no, you cannot buy a gun with a pending felony charge. A pending felony charge is considered a felony conviction under federal law, and as such, you are prohibited from possessing a firearm.
There are a few exceptions to this rule. For example, if you are charged with a felony but are later found not guilty, you will not be prohibited from buying a gun. Additionally, if you are charged with a felony but are granted a deferred adjudication, you may be able to buy a gun after the completion of your deferred adjudication period.
However, it is important to note that these are just a few of the exceptions to the rule. In general, if you are charged with a felony, you will be prohibited from buying a gun.
If you are interested in buying a gun, it is important to speak to a lawyer to make sure that you are not prohibited from doing so. A lawyer can also help you to understand your rights and options if you are charged with a felony.
What is a Felony Conviction?
A felony conviction is a conviction for a crime that is punishable by a sentence of more than one year in prison. Felony convictions are considered more serious than misdemeanor convictions, which are punishable by a sentence of less than one year in prison.
Felony convictions can have a number of negative consequences, including but not limited to:
- Loss of the right to vote
- Loss of the right to hold public office
- Loss of the right to serve on a jury
- Ineligibility for certain types of employment
- Difficulty obtaining housing
- Difficulty obtaining credit
- Increased difficulty obtaining insurance
- Increased difficulty obtaining student loans
- Increased difficulty obtaining professional licenses
- Increased difficulty obtaining immigration benefits
- Increased difficulty obtaining child custody
- Increased difficulty obtaining visitation rights
- Increased difficulty obtaining alimony or child support
- Increased difficulty obtaining a passport
- Increased difficulty obtaining a driver’s license
- Increased difficulty obtaining a hunting or fishing license
- Increased difficulty obtaining a concealed carry permit
- Increased difficulty obtaining a security clearance
- Increased difficulty obtaining a visa to travel to other countries
What are the Exceptions to the Rule?
There are a few exceptions to the rule that you cannot buy a gun with a pending felony charge. These exceptions include:
- If you are charged with a felony but are later found not guilty, you will not be prohibited from buying a gun.
- If you are charged with a felony but are granted a deferred adjudication, you may be able to buy a gun after the completion of your deferred adjudication period.
- If you are charged with a felony but are granted a pardon, you will not be prohibited from buying a gun.
- If you are charged with a felony but are granted clemency, you will not be prohibited from buying a gun.
It is important to note that these are just a few of the exceptions to the rule. If you are interested in buying a gun, it is important to speak to a lawyer to make sure that you are not prohibited from doing so.
If you are charged with a felony, it is important to speak to a lawyer to understand your rights and options. A lawyer can help you to determine whether or not you are prohibited from buying a gun, and can also help you to fight the charges against you.
Can I Buy a Gun with a Pending Felony Charge?
Answer: No, you cannot buy a gun with a pending felony charge. Federal law prohibits anyone who has been convicted of a felony from possessing a firearm. This includes people who are awaiting trial for a felony charge.
What if the charge is eventually dropped or dismissed?
Even if the charge is eventually dropped or dismissed, you will still not be able to buy a gun. The law considers you to be a convicted felon until the charge is expunged from your record.
What if I am not convicted of the felony?
If you are not convicted of the felony, you may be able to buy a gun after the charge is dismissed. However, you will need to wait until the charge is expunged from your record. This can take several years.
What if I am pardoned for the felony?
A pardon does not automatically restore your gun rights. You will need to apply for a pardon from the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The ATF will consider your application and make a decision on whether to restore your gun rights.
How can I find out if I am eligible to buy a gun?
You can contact the ATF to inquire about your gun rights. The ATF will provide you with a letter stating whether you are eligible to buy a gun.
Can I get around the law by buying a gun from a private seller?
No, you cannot get around the law by buying a gun from a private seller. The law applies to all gun purchases, regardless of whether the seller is a licensed dealer or a private individual.
I am a convicted felon, but I need a gun for self-defense. What can I do?
There are a few options available to you. You can:
- Apply for a pardon from the President of the United States.
- Move to a state that allows convicted felons to own guns.
- Contact a gun rights organization for help.
I am not a convicted felon, but I have a pending felony charge. What can I do?
If you have a pending felony charge, you should not try to buy a gun. Doing so could result in criminal charges. You should consult with an attorney to discuss your legal options.