Can Felons Own Air Rifles?

Can Felons Own Air Rifles?

Air rifles are a popular type of firearm, often used for hunting, target shooting, and pest control. But can felons own air rifles? The answer is not always straightforward.

In this article, we will discuss the laws governing felons’ possession of air rifles in the United States. We will also provide information on the specific types of air rifles that are legal for felons to own.

By the end of this article, you will have a better understanding of the laws governing felons’ possession of air rifles and the types of air rifles that are legal for felons to own.

Federal Law on Felons and Air Rifles

The federal law on felons and air rifles is found in 18 U.S.C. 922(g)(1). This law states that “it shall be unlawful for any person who has been convicted of a crime punishable by imprisonment for a term exceeding one year to receive or possess any firearm.”

This law applies to all types of firearms, including air rifles. However, there are a few exceptions to the law.

  • First, the law does not apply to air rifles that are not considered firearms under federal law. Air rifles that are not considered firearms include those that have a muzzle velocity of less than 1,500 feet per second and those that have a barrel length of less than 18 inches.
  • Second, the law does not apply to air rifles that are owned by a federally licensed firearms dealer. Federally licensed firearms dealers are allowed to sell air rifles to felons.
  • Third, the law does not apply to air rifles that are used for hunting or target shooting. Felons are allowed to own air rifles for these purposes as long as they are not used in a crime.

If a felon violates the federal law on felons and air rifles, they could be charged with a federal crime. The penalties for violating this law include up to 10 years in prison and a fine of up to $250,000.

State Laws on Felons and Air Rifles

In addition to the federal law, there are also state laws that restrict the possession of air rifles by felons. These laws vary from state to state. Some states have no restrictions on the possession of air rifles by felons, while other states have more restrictive laws.

For example, California law states that “no person who has been convicted of a felony shall own or possess any firearm.” This law includes air rifles. However, California law also provides an exception for air rifles that are not considered firearms under federal law.

Another example is Texas law. Texas law states that “a felon may not possess a firearm.” This law does not specifically mention air rifles, but it is generally interpreted to include air rifles. However, Texas law also provides an exception for air rifles that are used for hunting or target shooting.

It is important to note that state laws on felons and air rifles are not preempted by federal law. This means that states can have stricter laws than the federal law.

The federal law on felons and air rifles is clear: felons are not allowed to own air rifles. However, there are a few exceptions to the law. Felons can own air rifles that are not considered firearms under federal law, air rifles that are owned by a federally licensed firearms dealer, and air rifles that are used for hunting or target shooting.

State laws on felons and air rifles vary from state to state. Some states have no restrictions on the possession of air rifles by felons, while other states have more restrictive laws. It is important to be aware of the state laws in your area before you purchase or own an air rifle.

3. Local Laws on Felons and Air Rifles

The laws on felons and air rifles vary from state to state. In some states, felons are prohibited from owning any type of firearm, including air rifles. In other states, felons may be prohibited from owning only certain types of firearms, such as handguns or long guns. And in still other states, felons may be allowed to own air rifles, but only if they meet certain criteria, such as having a valid hunting license.

Here is a summary of the local laws on felons and air rifles in some of the most populous states in the United States:

  • California: Felons are prohibited from owning any type of firearm, including air rifles.
  • Florida: Felons are prohibited from owning handguns or long guns. However, they may be allowed to own air rifles if they meet certain criteria, such as having a valid hunting license.
  • Illinois: Felons are prohibited from owning any type of firearm, including air rifles.
  • New York: Felons are prohibited from owning handguns or long guns. However, they may be allowed to own air rifles if they meet certain criteria, such as having a valid hunting license.
  • Texas: Felons are prohibited from owning handguns or long guns. However, they may be allowed to own air rifles if they meet certain criteria, such as having a valid hunting license.

It is important to note that these are just a few examples of the local laws on felons and air rifles. The laws in your state may be different. Therefore, it is important to consult with an attorney to learn more about the specific laws in your area.

4. Case Law on Felons and Air Rifles

There is a limited amount of case law on felons and air rifles. However, the few cases that have been decided have provided some important guidance on the issue.

In one case, the Supreme Court of California held that a felon convicted of a violent felony is prohibited from owning any type of firearm, including an air rifle. The court reasoned that air rifles are capable of causing serious injury or death, and therefore they should be treated the same as other types of firearms.

In another case, the Supreme Court of Florida held that a felon convicted of a non-violent felony is not prohibited from owning an air rifle. The court reasoned that air rifles are not as dangerous as other types of firearms, and therefore they should not be subject to the same restrictions.

The case law on felons and air rifles is still developing. However, the few cases that have been decided have provided some important guidance on the issue. It is important to note that the laws on felons and air rifles vary from state to state. Therefore, it is important to consult with an attorney to learn more about the specific laws in your area.

The laws on felons and air rifles vary from state to state. In some states, felons are prohibited from owning any type of firearm, including air rifles. In other states, felons may be prohibited from owning only certain types of firearms, such as handguns or long guns. And in still other states, felons may be allowed to own air rifles, but only if they meet certain criteria, such as having a valid hunting license.

It is important to note that the laws on felons and air rifles are still developing. As the case law on this issue continues to evolve, the laws on felons and air rifles are likely to change as well. Therefore, it is important to stay up-to-date on the latest developments in this area.

Can felons own air rifles?

The answer to this question is not straightforward. Federal law does not specifically prohibit felons from owning air rifles. However, state laws vary, and some states do prohibit felons from owning any type of firearm, including air rifles. It is important to check the laws in your state to be sure.

What is the difference between an air rifle and a firearm?

An air rifle is a type of gun that uses compressed air or gas to propel a projectile. A firearm, on the other hand, is a type of gun that uses gunpowder to propel a projectile. Air rifles are typically less powerful than firearms, and they are often used for target shooting or hunting small game.

Can felons own other types of guns?

Federal law prohibits felons from owning any type of firearm that is considered to be a “dangerous weapon.” This includes handguns, rifles, shotguns, and any other type of gun that is designed to be fired from the shoulder. Felons can also be prohibited from owning certain types of ammunition.

What are the penalties for possessing a firearm as a felon?

Possessing a firearm as a felon is a federal crime, and it can result in a prison sentence of up to 10 years. Felons who are caught possessing a firearm may also be subject to a fine of up to $250,000.

How can I find out if I am prohibited from owning a firearm?

The best way to find out if you are prohibited from owning a firearm is to contact the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). The ATF can provide you with a list of the states that prohibit felons from owning firearms, and they can also tell you if you have any other criminal convictions that would make you ineligible to own a firearm.

Can I get a pardon for my felony conviction so that I can own a firearm?

It is possible to get a pardon for a felony conviction, but it is not always easy. The process of getting a pardon can be long and complicated, and there is no guarantee that you will be successful. If you are interested in getting a pardon, you should contact an experienced attorney who can help you through the process.

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State Air Rifle Laws Source
Alabama Felons are prohibited from possessing air rifles. Alabama Code 32-5-108
Alaska Felons are not prohibited from possessing air rifles. Alaska Statute 11.61.310
Arizona Felons are not prohibited from possessing air rifles. Arizona Revised Statutes 13-3101
Arkansas Felons are prohibited from possessing air rifles. Arkansas Code 5-41-203
California Felons are prohibited from possessing air rifles. California Penal Code 29810
Colorado Felons are not prohibited from possessing air rifles. Colorado Revised Statutes 18-12-112