QUESTION
Will I be able to own a handgun if I have a felony charge?
Asked on Aug 15th, 2011 on Criminal Law - Washington
More details to this question:
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?
30 ANSWERS
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You will not be able to legally own a handgun with a felony charge.
Answered on Jul 03rd, 2013 at 10:03 PM
Appeals/Post-Conviction Attorney serving Boston, MA
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Tumposky & Associates, P.C.
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No you will not be able to do so. It is a violation of federal law.
Answered on Jul 03rd, 2013 at 10:03 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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If you are convicted, the answer is NO.
Answered on Jun 26th, 2013 at 2:04 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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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.
Answered on Aug 24th, 2011 at 4:42 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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No, a felon cannot possess a handgun.
Answered on Aug 18th, 2011 at 7:38 PM
Not under federal law.
Answered on Aug 18th, 2011 at 1:09 PM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Under federal law, you will never be able to own a firearm unless your rights are civilly restored in a few years.
Answered on Aug 17th, 2011 at 7:31 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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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.
Answered on Aug 17th, 2011 at 7:11 AM
Michael J. 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.
Answered on Aug 17th, 2011 at 7:06 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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No. Felons cannot possess firearms. Eventually (10 years) you will be eligible to have the felony vacated, and to have your civil rights restored.
Answered on Aug 17th, 2011 at 6:33 AM
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.
Answered on Aug 16th, 2011 at 2:29 PM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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If you are a convicted felon, you will not be able to own a handgun or any other gun for that matter. For more information, contact Craig W. Elhart at (231) 946-2420.
Answered on Aug 16th, 2011 at 2:04 PM
Most people convicted of felonies in California are not allowed to own a firearm.
Answered on Aug 16th, 2011 at 12:20 PM
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.
Answered on Aug 16th, 2011 at 12:10 PM
Not if you take a felony conviction.
Answered on Aug 16th, 2011 at 10:57 AM
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.
Answered on Aug 16th, 2011 at 10:52 AM
Elvin Garry 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.
Answered on Aug 16th, 2011 at 9:57 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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Probably not.
Answered on Aug 16th, 2011 at 9:19 AM
Criminal Defense Attorney serving Seattle, WA
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The Law Office of Michael Morgan, L.L.C.
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Depends on the felony charge as to whether you can get your gun rights restored.
Answered on Aug 16th, 2011 at 9:19 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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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.
Answered on Aug 16th, 2011 at 8:48 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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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.
Answered on Aug 16th, 2011 at 8:19 AM
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.
Answered on Aug 16th, 2011 at 8:03 AM
2 Awards
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.
Answered on Aug 16th, 2011 at 7:50 AM
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
Answered on Aug 16th, 2011 at 7:50 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, felons cannot possess firearms.
Answered on Aug 16th, 2011 at 7:32 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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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.
Answered on Aug 16th, 2011 at 7:26 AM
Criminal Defense Attorney serving Norwalk, CA
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Law Offices of George Woodworth and Associates
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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!
Answered on Aug 16th, 2011 at 7:26 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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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.
Answered on Aug 16th, 2011 at 6:51 AM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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Convicted felons cannot posses firearms.
Answered on Aug 16th, 2011 at 6:31 AM
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.
Answered on Aug 16th, 2011 at 6:31 AM