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The very short answer is, yes. A person living with a felon can own a gun as long as that person isn't otherwise disqualified. To be completely legal, the felon must have absolutely no possible access to the gun. A gun in the household with a felon however, is a sticky situation. Even if you are technically legal, it could cause problems.

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15y ago
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11y ago

A convicted felon in any state can not own a firearm for the duration of their lifetime. This is a FEDERAL law.

There is a small chance to have firearm rights restored if your conviction has been expunged. Check with a competent lawyer on the specifics.

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That depends on the state. The Supreme Court of North Carolina in a 2009 decision says Yes:

"The 2004 version of N.C.G.S. § 14-451.1 is an unreasonable regulation, not fairly related to the preservation of public peace and safety" -- Justice Edward Brady.

Other states, such as Colorado, permit it if the purpose for possessing weapons was defense of home, person, and property.

In Oregon - 166.270 - Possession of weapons by certain felons is permitted, if felon was:

(4)(a) Convicted of only one felony under the law of this state or any other state, or who has been convicted of only one felony under the laws of the United States, which felony did not involve criminal homicide, as defined in ORS 163.005 (Criminal homicide), or the possession or use of a firearm or a weapon having a blade that projects or swings into position by force of a spring or by centrifugal force, and who has been discharged from imprisonment, parole or probation for said offense for a period of 15 years prior to the date of alleged violation.

Don't just assume that the word Felon alone eliminates a persons 2nd Amendment rights in all states. Also note that the majority in Heller, SCOTUS seemed to agree that all Americanshave an individual right to use arms for self-defense.

And finally, the purpose of the Gun Control Act of 1968was to assist the states in regulating firearms -- the argument that federal law trumps state gun control legislation has not been accepted [see Fresno Rifle and Pistol Club, 965 F.2d at 725-26].

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13y ago

No unless they are pardon for their crimes, anyone with a criminal background can not own a handgun.

It is in this writers opinion that this is a very good law, and felons should never be allowed to own handguns.

Added: A pardon will not do it. A pardon is only a "forgiveness" of the crime not a retroactive finding of innocence and/or not guilty.

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6y ago

Each state has its own laws concerning the ownership, possession, or the transportation of firearms. Many states allow a convicted felon to own or possess a firearm once their sentence is completed, while other states do not have such provision, or you may have to apply to the Governor or another panel, like the Clemency Board.

Federal Laws prohibit firearms dealers from selling firearms to anyone convicted of a felony, which they define as any crime that is punishable by at least one year and a day in prison, even if the felon served less than that time.

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15y ago

Not in the U.S. In the U.S. felons cannot own or possess guns, no matter what the charge is.

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14y ago

The general answer is no, but it is possible, sometimes, to have your gun rights restored. Check with a local attorney for more information.

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12y ago

No you can't less you want to go back to Jail with another felony and serve up to three or more years

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13y ago

No

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You need to find a lawyer who specializes in firearms law to get a correct answer.