Can I Purchase A Firearm After Expungement?
Can I Purchase a Firearm After Expungement?
Firearm ownership is a hotly debated topic in the United States. There are a number of laws and regulations governing who can and cannot own a firearm, and these laws can vary from state to state. One of the most common questions people ask is whether or not they can purchase a firearm after an expungement.
The answer to this question is not always straightforward. In general, a person who has been convicted of a felony is prohibited from owning a firearm. However, there are a number of exceptions to this rule, and some states may allow people with certain types of felony convictions to own firearms after they have been expunged.
In this article, we will discuss the laws governing firearm ownership after expungement in more detail. We will also provide information on how to check your own firearm rights and how to apply for a firearm purchase permit.
Key Takeaways
- In general, a person who has been convicted of a felony is prohibited from owning a firearm.
- There are a number of exceptions to this rule, and some states may allow people with certain types of felony convictions to own firearms after they have been expunged.
- The laws governing firearm ownership after expungement vary from state to state.
- You can check your own firearm rights by contacting the National Instant Criminal Background Check System (NICS).
- You can apply for a firearm purchase permit through your local law enforcement agency.
State Expungement Type Firearm Purchase Eligibility Alabama Expungement of Conviction Yes Alaska Expungement of Conviction Yes Arizona Expungement of Conviction Yes Arkansas Expungement of Conviction Yes California Expungement of Conviction Yes Colorado Expungement of Conviction Yes Connecticut Expungement of Conviction Yes Delaware Expungement of Conviction Yes Florida Expungement of Conviction Yes Georgia Expungement of Conviction Yes Hawaii Expungement of Conviction Yes Idaho Expungement of Conviction Yes Illinois Expungement of Conviction Yes Indiana Expungement of Conviction Yes Iowa Expungement of Conviction Yes Kansas Expungement of Conviction Yes Kentucky Expungement of Conviction Yes Louisiana Expungement of Conviction Yes Maine Expungement of Conviction Yes Maryland Expungement of Conviction Yes Massachusetts Expungement of Conviction Yes Michigan Expungement of Conviction Yes Minnesota Expungement of Con Can I Purchase A Firearm After Expungement?
This is a common question for people who have been convicted of a crime and have their record expunged. The answer is not always straightforward, as it depends on the specific circumstances of the expungement and the state in which you live.
In this article, we will discuss the federal laws regarding gun ownership after expungement, as well as the laws in individual states. We will also provide some tips on how to navigate the process of purchasing a firearm after an expungement.
Federal Laws Regarding Gun Ownership After Expungement
The federal law that governs gun ownership after expungement is the Gun Control Act of 1968 (GCA). The GCA prohibits people who have been convicted of a felony from possessing a firearm. However, the GCA also provides an exception for people who have had their felony conviction expunged.
To qualify for the GCA’s expungement exception, you must have had your conviction expunged in accordance with the law of the state in which you were convicted. You must also have been a law-abiding citizen for at least 10 years after your conviction was expunged.
If you meet these requirements, you are eligible to purchase a firearm after your conviction has been expunged. However, you should be aware that some states have additional requirements for gun ownership after expungement.
State Laws Regarding Gun Ownership After Expungement
In addition to the federal law, some states have their own laws regarding gun ownership after expungement. These laws can vary from state to state, so it is important to check the laws in your state before you attempt to purchase a firearm.
Generally speaking, state laws are more restrictive than the federal law. Many states require people who have been convicted of a crime, even a misdemeanor, to wait a certain amount of time before they can purchase a firearm. Some states also require people who have been convicted of a crime to obtain a special permit or license before they can purchase a firearm.
It is important to note that even if you meet the requirements of the federal law and the laws of your state, you may still be denied a gun purchase by the National Instant Criminal Background Check System (NICS). The NICS is a database that contains records of all people who have been convicted of a crime. When you attempt to purchase a firearm, the seller is required to run a background check through the NICS. If the NICS finds that you have a criminal record, you will be denied the sale.
Tips for Purchasing a Firearm After an Expungement
If you have had your conviction expunged, you may still be eligible to purchase a firearm. However, the process can be complex and there are a number of things you need to keep in mind.
Here are a few tips for purchasing a firearm after an expungement:
- Check the laws in your state. Make sure you understand the federal law and the laws in your state regarding gun ownership after expungement.
- Wait the required amount of time. Many states require people who have been convicted of a crime to wait a certain amount of time before they can purchase a firearm.
- Obtain a permit or license, if required. Some states require people who have been convicted of a crime to obtain a special permit or license before they can purchase a firearm.
- Be prepared for a background check. When you attempt to purchase a firearm, the seller is required to run a background check through the NICS. Be prepared for the possibility that you may be denied the sale.
If you have any questions about purchasing a firearm after an expungement, you should consult with an attorney.
Purchasing a firearm after an expungement can be a complex process. However, it is possible to do if you meet the requirements of the federal law and the laws in your state. By following the tips in this article, you can increase your chances of successfully purchasing a firearm after an expungement.
2.1 What is an expungement?
An expungement is a legal process that can erase the records of a criminal conviction. This means that the conviction is no longer considered a part of your criminal record, and you can legally state that you have never been convicted of a crime.
Expungements are not available for all criminal convictions. In general, only misdemeanors and certain felonies can be expunged. The specific requirements for expungement vary from state to state.
If you are eligible for an expungement, the process can take several months to complete. You will need to file a petition with the court, and you may be required to pay a fee. The court will then review your petition and make a decision on whether to grant the expungement.
If the court grants your expungement, the conviction will be erased
Can I Purchase a Firearm After Expungement?
The answer to this question is not always straightforward. It depends on the specific state in which you live, as well as the federal laws that apply.
In general, people who have been convicted of a felony are prohibited from owning a firearm. However, there are some exceptions to this rule. For example, if you were convicted of a felony and have had your record expunged, you may be eligible to purchase a firearm.
3.2 What federal laws prohibit people with expunged records from owning guns?
The federal law that prohibits people with expunged records from owning guns is 18 U.S.C. 922(g). 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 possess in or affecting commerce any firearm or ammunition.”
The term “crime punishable by imprisonment for a term exceeding one year” includes felonies, but it also includes misdemeanors that are punishable by imprisonment for a term of more than one year.
4.3 How do federal laws interact with state laws regarding gun ownership after expungement?
The federal law that prohibits people with expunged records from owning guns is 18 U.S.C. 922(g). However, this law does not preempt state laws that allow people with expunged records to own guns.
As a result, the laws in your state may be more lenient than the federal law. For example, some states allow people with expunged records to own guns if they have been discharged from probation or parole for at least five years.
The answer to the question of whether you can purchase a firearm after expungement is not always straightforward. It depends on the specific state in which you live, as well as the federal laws that apply.
If you have been convicted of a felony and have had your record expunged, you should consult with an attorney to learn more about your rights under federal and state law.
Resources
- [U.S. Department of Justice: Gun Laws](https://www.justice.gov/archive/ll/highlights/gun_laws.htm)
- [National Rifle Association: Gun Laws](https://www.nra.org/articles/gun-laws)
- [National Shooting Sports Foundation: Gun Laws](https://www.nssf.org/articles/gun-laws)
Can I purchase a firearm after expungement?
The answer to this question depends on the specific circumstances of your expungement. In general, you will be able to purchase a firearm after your record has been expunged. However, there are a few exceptions to this rule.
- You may not be able to purchase a firearm if you were convicted of a felony. Even if your felony conviction has been expunged, you may still be prohibited from purchasing a firearm. This is because federal law prohibits anyone who has been convicted of a felony from possessing a firearm.
- You may not be able to purchase a firearm if you were convicted of a domestic violence misdemeanor. Even if your domestic violence misdemeanor has been expunged, you may still be prohibited from purchasing a firearm. This is because federal law prohibits anyone who has been convicted of a domestic violence misdemeanor from possessing a firearm.
- You may not be able to purchase a firearm if you have been adjudicated as a mental defective. Even if your mental defectiveness has been expunged, you may still be prohibited from purchasing a firearm. This is because federal law prohibits anyone who has been adjudicated as a mental defective from possessing a firearm.
If you have any questions about whether or not you are eligible to purchase a firearm after expungement, you should consult with an attorney.
What if I was convicted of a misdemeanor?
If you were convicted of a misdemeanor, you may still be able to purchase a firearm after your record has been expunged. However, you will need to meet certain requirements.
- You must have been convicted of a misdemeanor that is not a violent crime. This means that you cannot have been convicted of a misdemeanor that involves the use of force or violence.
- You must have been sentenced to less than a year in jail.
- You must have completed all of the terms of your sentence, including any probation or parole.
- You must not have been convicted of any other crimes since your expungement.
If you meet all of these requirements, you will be eligible to purchase a firearm after your record has been expunged.
What if I was convicted of a felony?
If you were convicted of a felony, you will not be able to purchase a firearm after your record has been expunged. This is because federal law prohibits anyone who has been convicted of a felony from possessing a firearm.
There are a few exceptions to this rule. For example, you may be able to purchase a firearm if you were convicted of a felony that was committed before you were 18 years old. You may also be able to purchase a firearm if you were convicted of a felony that was not a violent crime and that you have not been convicted of any other crimes since your conviction.
If you have any questions about whether or not you are eligible to purchase a firearm after a felony conviction, you should consult with an attorney.
What if I was convicted of a domestic violence misdemeanor?
If you were convicted of a domestic violence misdemeanor, you may not be able to purchase a firearm after your record has been expunged. This is because federal law prohibits anyone who has been convicted of a domestic violence misdemeanor from possessing a firearm.
There are a few exceptions to this rule. For example, you may be able to purchase a firearm if you were convicted of a domestic violence misdemeanor that was committed before you were 18 years old. You may also be able to purchase a firearm if you were convicted of a domestic violence misdemeanor that was not a violent crime and that you have not been convicted of any other crimes since your conviction.
If you have any questions about whether or not you are eligible to purchase a firearm after a domestic violence misdemeanor conviction, you should consult with an attorney.
What if I was adjudicated as a mental defective?
If you were adjudicated as a mental defective, you will not be able to purchase a firearm after your record has been expunged. This is because federal law prohibits anyone who has been adjudicated as a mental defective from possessing a firearm.
There are a few exceptions to this rule. For example, you may be able to purchase a firearm if you were adjudicated as a mental defective before you were 18 years old. You may also be able to purchase a firearm if you were adjudicated as a mental defective and that you have not been adjudicated as a mental defective since your adjudication.
If you have any questions about whether or not you are eligible to purchase a firearm after being adjudicated as a mental defective, you should consult with an attorney.
the ability to purchase a firearm after expungement is a complex and nuanced issue. There is no one-size-fits-all answer, as the laws vary from state to state. However, it is important to be aware of the potential consequences of expungement before making a decision. If you have been convicted of a felony, it is important to speak to an attorney to learn more about your rights and options.