Can felons own guns? Is this governed by state or federal law? Does this apply to only certain types of guns or all guns?
In 1934 the government passed a law banning any person who had been convicted of a violent felony from owning a gun. This was in addition to an existing ban keeping violent felons from owning machine guns - the new law basically said that violent felons couldn't own any type of firearm.
This restriction was expanded in 1968 to include all felonies (not just violent ones). This practice continues to this day - except in rare circumstances where your civil rights are "restored" (this is only a possibility in a few states), or until your felony is expunged, you are not eligible under federal law to legally own a firearm.
Ammunition
Many felons don't realize this, but the federal ban on owning a firearm also applies to any type of ammunition - if you are caught with just a bullet you are in violation of this ban and subject to another felony (this one federal, meaning a lot more jail time and less chance of a pardon).
Does this only apply to concealed weapons?
Actually this law applies not only to concealed weapons, but also to any firearm that might be in your own. In the United States, felons are not legally allowed to bear arms - this is a point of controversy because it means in essence that you cannot defend yourself if somebody breaks into your home.
How can you legally own a gun again?
The easiest way to regain your right to bear arms is to have your felony expunged. Some states, however, offer felons the opportunity to own a handgun again after a certain amount of time has passed from the successful completion of probation. This is rare and there are many states, such as North Carolina, where a felon can never again own a weapon.
Are any types of felonies excluded?
Actually, 18 U.S.C. 921(a)(20)(A) specifically exempts a few types of felonies:
...any Federal or State offenses pertaining to antitrust
violations, unfair trade practices, restraints of trade, or other
similar offenses relating to the regulation of business
practices...
I have a weed charge 0-4 oz. that was reduced to a class b misdermeanor and i sucessfuly completed six months deferred probation and a unlawful labeling of dvd's and it to was reduced to class A misdermeanor plus i serveda 180 days county time. but the problem come in when i apply for jobs it come up as a felony. why? and what can i do.
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I was convicted of passing bad checks about seven years ago, but because some where across the state line becaus of where I lived at the time was right at the state line they were felonies. I would like to find out if I could own gun in the state of Illinois. The charges were in the state of GA.
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in 2001 i was arrested only and held for 11 hours due to an argument with wife and a handgun was involved. A verable treat was made and thats why i was arrested. I have NO convictions, and I trying to join the army, having trouble here, need advice? I HAVE NO FELONY CONVICTIONS OR MISDEAMNORS JUST AN ARREST.......
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the procees is very hard and expencive. in most states you must first obtain a lawyer and you must go before the same judge who sentenced you to have it expunged. i am in the process of doing this for myself and i was senteced 16 years ago and i am having problems. wish you the best of luck in your try
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I was charged and convicted of "Firing a Weapon in an occupied dwelling". My question is: In NC can I have my rights restored or have my felony expunged? I don't want to waste time or money if it is a lost cause to begin with. If I can please direct me as to where to start.
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