Federal law provides significant penalties for felons in possession of weapons, unless the felon has his rights restored by the convicting state.
Anyone who has been convicted of a felony is banned by federal law from ever possessing “any firearm or ammunition." Specifically 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. 18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for felon gun possession is up to 10 years in prison.
There are many other federal gun ownership restrictions. For example, a conviction for a misdemeanor domestic battery results in a loss of gun rights. A person who is the subject of an order of protection may not possess a weapon. In light of the 2008 case of District of Colombia v. Heller, such restrictions may now have Second Amendment implications. A good summary is available from the Bureau of Alcohol Tobacco, Firearms and Explosives.
The Statutory Exception
The rule prohibiting felon gun ownership has some exceptions. There is specific statutory language providing that the federal criminal firearms possession does not apply to individuals who have had their civil rights restored by the state in which they where convicted of the felony.
18 U.S.C. 921(a)(20) provides:
"Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly [or implicitly as a matter of state law] provides that the person may not ship, transport, possess, or receive firearms."
State Law Restoration of Rights
State law determines the restoration of civil rights for a state conviction, not federal law. The civil rights restoration must incorporate the right to serve on a jury, the right to seek and hold public office, and the right to vote. Absent restoration of these rights federal recognition of the state restoration of rights exception will not apply.
Federal law contains another passage to be considered. If the restoring state includes the three rights above, then one must determine if state law in any way restricts the convicted felon’s rights to possess a weapon. If there is any state restriction on the felon’s right to have a weapon then the possession of any firearms by the convicted felon is federally illegal. This is true even if all other civil rights are restored.
In the end, federal restrictions on the possession of firearms by convicted felons are entirely dependent upon the restrictions imposed by the various states. If there is a state restriction on an individual’s gun possession as the result of a criminal conviction, then possession is a violation of federal law.
The Process for Restoring Rights
Every state has its own process for felons to petition the government to restore their civil rights. Rights can be affected by the expunging or sealing of records which are judicial actions or pardons from the governor, which are executive actions. The level of restoration may be affected by the crime itself, whether it is a violent crime a drug crime or a crime of dishonesty. State laws vary greatly. For an example of the process, see Illinois Criminal Expungement Law.
The copyright of the article Gun Ownership by Convicted Felons in Law, Crime & Justice is owned by David J. Shestokas. Permission to republish Gun Ownership by Convicted Felons in print or online must be granted by the author in writing.
i have been looking for this information for so long and it was in the
easiest place to find it. I personally asked a lawyer in California how
should i go about restoring my constitutional rights and he was of
absolutely no use. I am sure that gun-rights are not important to some
lawyers or people personally but i believe that everyone should be
concerned about the rights guarranteed in our constitution. If i adhere to
the Law then i should have every privlege. Thank you
Mar 11, 2009 12:26 PM
Guest :
im doing something for school and this helps a lot
May 31, 2009 2:49 PM
Guest :
I have a felony conviction in federal court, and I am planning to sue for
my rights to be restored after my period of supervision. I am aware that
BATFE does not process the applications due to funding, but the law does
allow one to petition the local district court if the petition is denied. I
plan to claim a violation of my rights to due process, since I am not being
allowed to take advantage of a remedy which still exists in the law. One
main point will be that BATFE can always charge an application fee, as INS
does for visa applications, thereby nullifying the congressional funding
issue all together. I have not seen this arguement tried in any case.
Jul 17, 2009 2:06 AM
Guest :
i have a felony conviction. non violent!! i have paid my dues to society,
who among you hasn't made a mistake in your life. am i not still a
american?? i say yes i am!! im expected to live by our great countries
laws, pay taxes but yet im no longer protected by our own constitution. so
i ask where is the justice?? i am a good god fearing loyal red blooded
american who would lay his life down for this great country any day of the
week. so i live by and respect the laws of our great country should i not
be treated as a equal. thank you and god bless
Jul 30, 2009 1:25 PM
Guest :
I live in Alaska and need to hunt to provide for my family. My conviction
was for assault, but it was a fistfight and I have never used a gun
irresponsibly. I think the laws should be changed to reflect that.
Sep 26, 2009 9:30 PM
Guest :
Fellow Americans, I feel all of your pain. I too have a past federal
felony conviction (1998 level 3 Trademark Infringement). I've been working
on this one for awhile now. It's ridiculous and pathetic to know that as
things stand for now, all of us will NEVER be done paying "our debt
back to society." I have lived like a monk for 10yrs, and that, nor
any amount of time will restore the rights that I'm entitled to...
never! Hypothetically, if more years pass by, and my wife and kids are
sleeping in our home, that is broken into by armed crackheads with Uzi's.
What I'm I going to do?? Shoot them with my kids slingshot?!? I don't
think so. There's is saying that applies here. It says... It's better to
be tried by a jury of twelve, than it is to be carried by six. Good Luck
my brothers.
Oct 13, 2009 2:44 PM
Guest :
Our constitution guarantees us the right to protect ourselves, and the
bureaucrats have taken away many of our naturally given liberties, just for
things like to impress their image in front of the elderly, and rich with
body guards. We as people should not fear the government, the government
should fear us, we can fire the entire Congress, non violently, peacefully,
historically, we can only accomplish it if enough of us unite to bring back
what's ours, to take away the injustices and current paradigms set by those
who created laws strictly for self-gain. The worst thing in the world is to
be a helpless sheep, to have a feeling of legal right to do something, and
have it being denied legally, because of things we can never understand, or
don't want to. Until we unite to bring back justice, we will go on our
usual routines as blind sheep, and everyday more and more things will be
taken away from us. We really forgot the true meaning of "Of the
people, By the people", we as taxpayers can fire the government only
if we unite as a cause, and not unite as in communism, but unite as a
Democratic cause, by Democracy, for the Democracy. What really is not
Democratic, is the fascism that goes on in this country, separating classes
by blood, if we don't unite peacefully, this country might be headed for a
revolution... We as a country are a young nation, and we must learn from
history to prevent the mistakes of mankind.
