Can You Buy A Gun With A Pending Felony?
Can You Buy A Gun With A Pending Felony?
| State | Law | Penalty |
|—|—|—|
| Alabama | Yes, if the felony is not a violent crime | Up to 10 years in prison and/or a $15,000 fine |
| Alaska | No | Up to 5 years in prison and/or a $50,000 fine |
| Arizona | Yes, if the felony is not a violent crime | Up to 1 year in prison and/or a $2,500 fine |
| Arkansas | Yes, if the felony is not a violent crime | Up to 6 years in prison and/or a $10,000 fine |
| California | No | Up to 10 years in prison and/or a $10,000 fine |
The question of whether or not a person with a pending felony can buy a gun is a complex one. The answer depends on a number of factors, including the specific state in which the person resides, the type of felony they have been charged with, and the status of their case.
In this article, we will explore the federal law that prohibits people with pending felonies from buying guns, as well as the state laws that may further restrict gun ownership for people with pending felonies. We will also discuss the penalties for violating these laws.
The Federal Gun Control Act of 1968
The Federal Gun Control Act of 1968 (GCA) is the primary federal law that regulates the sale, purchase, and possession of firearms in the United States. The GCA was enacted in response to the assassinations of President John F. Kennedy, Martin Luther King, Jr., and Robert F. Kennedy, and it was intended to prevent criminals and other dangerous individuals from obtaining guns.
One of the provisions of the GCA prohibits people with pending felonies from buying guns. The law defines a “felony” as any crime punishable by a sentence of imprisonment for more than one year. This means that even if a person has not been convicted of a felony, they are still prohibited from buying a gun if they are currently facing charges for a felony offense.
The GCA also prohibits people who have been convicted of certain types of felonies from buying guns. These include:
- Murder
- Manslaughter
- Assault with intent to kill
- Robbery
- Burglary
- Rape
- Kidnapping
- Arson
- Explosives offenses
- Drug trafficking
- Weapons offenses
In addition, the GCA prohibits people who have been adjudicated as mentally defective or who have been committed to a mental institution from buying guns.
The penalties for violating the GCA’s prohibitions on gun possession by people with pending felonies or criminal convictions vary depending on the specific offense. However, the penalties can include up to 10 years in prison and a fine of up to \$250,000.
State Laws on Gun Possession by People with Pending Felonies
In addition to the federal law, many states have their own laws that prohibit people with pending felonies from buying guns. These state laws are often more restrictive than the federal law, and they may also include additional prohibitions on gun possession for people with pending felonies.
For example, some states prohibit people with pending felonies from possessing any type of firearm, while other states only prohibit people from possessing certain types of firearms, such as handguns or assault weapons. Some states also have “stand-your-ground” laws that allow people to use deadly force in self-defense, even if they are in the process of committing a felony.
The penalties for violating state laws on gun possession by people with pending felonies vary from state to state. However, the penalties can include up to 10 years in prison and a fine of up to \$250,000.
The question of whether or not a person with a pending felony can buy a gun is a complex one. The answer depends on a number of factors, including the specific state in which the person resides, the type of felony they have been charged with, and the status of their case.
If you have a pending felony charge, it is important to speak to an attorney to learn about your rights and options regarding gun ownership.
Additional Resources
- [The National Rifle Association: Gun Laws](https://www.nra.org/articles/gun-laws)
- [The National Shooting Sports Foundation: Gun Laws](https://www.nssf.org/articles/gun-laws)
- [The Law Center to Prevent Gun Violence: Gun Laws](https://www.gunviolenceprevention.org/policy/gun-laws)
3. The Practical Implications of the Law
The law on whether or not you can buy a gun with a pending felony is complex and has a number of practical implications for people who have pending felonies.
What are the practical implications of the law for people who have pending felonies?
The most significant practical implication of the law is that people who have pending felonies are prohibited from buying guns. This means that they cannot purchase a gun from a licensed dealer, and they cannot possess a gun that they already own.
There are a few exceptions to this rule. For example, people who have pending felonies can still possess a gun if they are law enforcement officers or if they have a valid hunting license. However, these exceptions are limited, and most people who have pending felonies will not be able to buy or possess a gun.
Are there any exceptions to the law?
Yes, there are a few exceptions to the law. For example, people who have pending felonies can still possess a gun if they are law enforcement officers or if they have a valid hunting license. However, these exceptions are limited, and most people who have pending felonies will not be able to buy or possess a gun.
What are the best practices for people who have pending felonies and want to buy a gun?
If you have a pending felony, it is important to be aware of the law and its implications. You should not attempt to buy a gun if you are not sure whether or not you are legally allowed to do so.
If you are interested in buying a gun, you should speak to an attorney to learn more about your rights and responsibilities. An attorney can also help you to apply for a gun permit, if you are eligible.
4.
The law on whether or not you can buy a gun with a pending felony is complex and has a number of practical implications. It is important to be aware of the law and its implications if you have a pending felony.
If you are interested in buying a gun, you should speak to an attorney to learn more about your rights and responsibilities.
Call to action
If you have a pending felony and are interested in learning more about your rights to buy a gun, you can contact the National Rifle Association (NRA) or the National Shooting Sports Foundation (NSSF). These organizations can provide you with information about the law and your rights.
Can You Buy A Gun With A Pending Felony?
Answer: No, you cannot buy a gun with a pending felony. A pending felony is a charge that has not yet been resolved, and it can still result in a conviction. Even if you are not convicted of the felony, you will still be prohibited from buying a gun.
What is considered a pending felony?
A pending felony is any charge that has not yet been resolved. This includes charges that are still pending in court, as well as charges that have been dismissed or deferred.
What are the penalties for buying a gun with a pending felony?
If you are caught buying a gun with a pending felony, you could face serious penalties. You could be charged with a federal crime, and you could be sentenced to up to 10 years in prison. You could also be fined up to $250,000.
How can I find out if I am prohibited from buying a gun?
You can check your status by contacting the National Instant Criminal Background Check System (NICS). You can do this online or by phone.
If I am prohibited from buying a gun, can I ever get my rights restored?
Yes, you may be able to get your rights restored after a certain period of time. The specific requirements vary from state to state. You can contact your local law enforcement agency for more information.
Can I still own a gun if I have been convicted of a misdemeanor?
It depends on the type of misdemeanor. Some misdemeanors do not disqualify you from owning a gun, while others do. You can check your status by contacting the NICS.