Are there any states that allow a felon to buy a gun?

Legal & Second Amendment
21

Yet some states restore rights, including firearms rights. They may not be able to purchase due to federal laws which should not be involved under state judicial actions, but they can have their rights restored and allowed to have shotguns, rifles or even handguns.

As I stated, the issue on federal laws needs to be corrected.

If a person violates a state law, and that person is convicted and serves their sentence, they should be able to have their rights restored, all of their rights, though we may desire to have some means of adjudicating each case on a case by case basis… if it is a federal crime, then the federal law would apply.

It is interesting, we have a Constitution that guarantees our rights, yet states enact laws that infringe on those rights, and the federal government also do so… and yet, the state may restore rights, and the federal government acts in a tyrannical nature to deny those rights of people that served their sentence.

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22

Welcome to the community,train hard and stay safe. :smiley: from Michigan

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23

That’s not the way it works. Both the state and federal governments are sovereign and can make and enforce their own laws. The state can restore someones rights under state law. But, unless the charge is removed from their record by expungement, seal or pardon, it remains in NCIC.

The state can correct this by changing the way they handle the restoration of rights. The legislators in state governments know (or should know) this and they can take steps to make it right.

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24

Indeed. And state legislators may know, but I am not going to state they do as far too many, and those in the Legislative Branch of the United States, are in many cases, sorely lacking.

My issue is a state charge, a state law, a state conviction and a state sentence and a state restoration of rights should not involve the federal government at all and should not have the person held accountable to federal law in that regard.

If a person convicted of a felony, a state felony and NOT a federal offense of any kind (some state offenses do carry federal charges also I realize), and that person serves their sentence in it’s entirety and the state restores their rights, there should be no punishment or penalty or disenfranchisement by the federal government.

That is where I think there is a need to correct the system. If you do not commit a federal crime, the federal government, including any laws regarding felons, should have no impact or authority. Federal laws regarding felons and firearms should only be for federal felonies, and there should be a means to have their rights restored after their sentence is served. A state felony should only be counted and held in that state and that state can restore the rights.

As it is, most all of us may be guilty of some federal offense due to the overlapping and conflicting laws that have been passed, and if the federal government decides speeding tickets in your home state is a federal felony, and don’t laugh, if the wrong people gain sufficient power in the Legislative Branch, anything is possible, then we will be facing severe consequences for all our actions.

The problem with expunging their record, if they do commit another crime, that record would need to be available for consideration in sentencing if they are convicted of another crime.

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25

You are correct in regard to 18 US Code 922 restricting felons from possessing firearms. However, as with many situations, there are sometimes exceptions to the rule.

In 18 US CODE CHAPTER 44 - 921 DEFINITIONS- (33) (B) (ii)

A person shall not be considered to have been convicted of such an offense for the purpose of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement or restoration of civil rights expressly provides that the person may not ship, transport, possess or receive firearms.
——————————————————————-

The US Supreme Court has established that the basis of a complete restoration of Civil Rights must include Voting, holding public office and sitting on juries and that there must be no firearm restrictions in regard to the restoration.

Keep in mind that any Civil Rights Restoration that takes place would most likely be only State convictions. Anyone convicted in a Federal Court has no current remedy for restoration as it must come from the jurisdiction in which you were convicted of, and there is no active process of restoration in Federal Court.

Restrictions of Firearm possession of someone with restored rights would then be regulated by the State. One example is that at one time Tennessee law allowed a convicted felon with restored rights the right to possess firearm, with the exception of handguns. Since, the felon was restricted by the State from handguns, federal law made it illegal to possess any firearm.

Tennessee recently changed their firearms laws, which now allows some non-violent felons to restore all rights with no restrictions. However, anyone convicted of violent felonies, drug convictions, stalking, mental defects, having restraining orders, renouncing citizenship and even driving while intoxicated would bar you from firearm possession.

However, each State has different procedures in restoring citizenship rights, therefore its prudent upon you to seek out legal advice from a qualified attorney in that State. Keep in mind that if this situation of needing a restoration of rights applies to you, seek a experienced attorney in the area of civil rights restoration. A probate attorney may not be completely knowledgeable of all federal and state laws regarding this particular area of law.

26

No. Convicted felons can’t legally own firearms, vote, or be hired for a government position/job. Note that Marion Barry was re-ELECTED mayor of D.C. after his prison term. One of the original commissioners of the Ohio lottery was forced out when it was revealed that he was convicted of rape in 1929.

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27

A Felon is a Felon and a gun is a gun The two together is a CRIME ITS A FELONY !!! Federal FELONY!!! There is you’re answer yes we have the ANSWER CHANGE THE LAW!!! if you become an informant anything is possible . Sadly Love Bobby jean and Debbie ann twofeathers Marry Christmas Community :latin_cross::united_states:Amen

28

Interesting question.

I know a man who completely changed his life around. Is middle aged now. When he was in his lower 20’s he was issued a felony for a breaking into a freight train and robbery. I think it was “not” involving violence. He did not have to serve time in prison.

In his older age, he had once thought of purchasing a firearm but never did.

Does the number of years ago since the felony - affect the decision to pass a background check?

Do all states require form 4473?

Form 4473, question 21-d. reads:

" 1. Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation? "

4473:
https://www.atf.gov/firearms/docs/4473-part-1-firearms-transaction-record-over-counter-atf-form-53009/download

Example of different felonies:

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29

Federal law prohibits felons from possessing firearms. For federal purposes, any crime that can lead to a sentence of 1 or more years in prison is considered a felony.
@Burdo federal law requires all firearms sold by FFL holders to include a 4473.

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