If a felony conviction is expunged can the person own a handgun?
Normally as long as the person has no felony record, they can own a firearm. A case sealed or expunged has the same effects as not having occurred in the first place. So, in short, the answer is yes.
If it's has just been expunged, no. In order to own a gun after a felony, you must petition to have your rights restored, which is not the same thing as an expungement.
If an otherwise felon's case is expunged, they may own a firearm, provided there are no other felony records. Expunction of a case gives it the same effects as no case to begin with. The same is true if a case is sealed vs. expunged. A sealed case means that only certain law-enforcement or Government agency can view it. Another type of conviction is known as adjudication withheld, meaning that if the otherwise felon successfully… Read More
The general answer is no, a felon cannot own a handgun, however it is possible, sometimes, to have your gun rights restored. Check with a local attorney.
The general answer is no, but it is possible, sometimes, to have your gun rights restored. Check with a local attorney for more information.
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… Read More
It depends on what the charge is.
The basic answer is no. A felon cannot own a gun, regardless of what the felony was.
Under US law, several things will disqualify you from legally possessing a firearm- rifle, pistol or shotgun. One of them is to be CONVICTED of a felony, or a crime of domestic violence. A person that was charged but not convicted has not been convicted. Other legal circumstances can include being under a restraining order, under indictment, or being a fugitive from justice.
Whether or not the person can legally own a firearm depends upon what is required by the state in which the person resides. In regards to the felony charge only the conviction of a felony would be applicable unless the person has a prior criminal history of domestic violence or some other pertinent matter.
In view of the recent US Sp. Ct. case, Heller vs District of Columbia (cite not available to me right now) I believe the answer is yes. But the gun must be for self protection. Just what that means in this context has not yet been litigated. Therefore, I think a felon needs to appear before a judge sitting in chancery and justify the equities involved. Almost certainly the gun would be restricted to a… Read More
Depends on the state you live in. In California, a felon may not own or possess any gun of any kind. However, Federal Law is different. Only violent felonies may preclude you from owning a gun. If it is a non-violent offense, odds are pretty good you can own a long gun. You should always check with local and state law enforcement before you attempt to buy a gun, as being a felon and merely… Read More
Strictly speaking, it's neither, but I know that's not what you meant. Owning or possessing a gun that is actually stolen CAN be a felony, however, it isn't always a crime. If you find out you have a stolen gun, you can, in most cases, turn it in to the local police without being charged with anything. Added: The biggest factor is if you KNOW that it IS stolen, or SUSPECT that it MIGHT be… Read More
No you can't less you want to go back to Jail with another felony and serve up to three or more years
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.
Probably not, but there are some circumstances where a felon can have some rights restored. You should check with a local attorney familiar with the process for more information.
No. "Convicted felon in possession of a firearm" is a violation of FEDERAL law (US Code, Title 18) and an expungement in OH has no bearing on your status. (Your criminal history record is always accessible to government agencies.)
No i don't think so
It depends on what the details are. If you have no felonies or misdemeanors on your record, you should be able to buy a handgun. If you were arrested for something but never convicted, or if the charges were dropped, you can buy a handgun legally.--------------Added: The questioner doesn't reveal in the question if they were arrested for a felony offense or not. If they were, they would not be able to legally possess a… Read More
No, citizens in Indiana can apply for a gun permit and a CCW (concealed carry) permit at their local sherriff's office. You MUST HAVE A PERMIT to carry the weapon, however, or else it will be a crime.
No, he's a kid
If you lawfully own a registered handgun and get convicted of a nonviolent felony can they take away your firearm?
They can forbid you to possess any firearm.
The law states that you are eligiable as long as you have not been CONVICTED of a felony, or other various laws such as stalking, ect. There are also several provisions that will bar a person from obtaing a permit, if you check the Tennessee government web site they are listed. The application does require an applicant to list all arrest, even if the charges were expunged, but I understand the state statute to only… Read More
If a charge is expunged it is erased from record. If your record has no entries of things that would prevent you from purchasing a handgun, you will be ok.Another View: An expungement just closes that particular expunged offense record to PUBLIC scrutiny. Law enforcement, the courts, Government agencies, and organizations conducting background checks for national security clearances, still have access to it. Therefore - no - you will not be eligible to purchase a… Read More
yes if you turn it anyone who says you cant In Tennessee, it is illegal to carry a handgun on your person or accessible in a vehicle unless you have a Tennessee permit (or a permit from any other state. Tennessee recognizes permits from any state).
Probably not, it depends on a couple of things. Expunged is not the same thing as never existed. Most law enforcement agencies can still access the information. It also depends on what was expunged.
Not if the felony is still on your record. Once you are a felon, you cannot own or possess rifles or handguns. A felon can sometimes have his rights restored, but for information on that, you really should contact an attorney familiar with the process.
You can't legally keep it accessible unless you have a permit. If you have a permit, you can keep it anywhere in the car. Without a permit, it has to be unloaded and inaccessible.
Probably not. If the only thing restored was voting rights, that doesn't include the right to own a gun. You should probably check with your attorney.
Own? No. Federal law says you must be 21 to own a handgun. Edit: no no no no no.. Federal law says you have to be 21 to PURCHASE a handgun.. Owning one is still up to the state... Dumbasses.
If the Alcohol Tobacco and Firearms Division granted me relief of my firearms disability due to a felony conviction can i own a handgun in N.C.?
you will know when you try to buy a firearm, and a NCIC check is conducted. At that point if your record is clear you can buy, if still FLAGGED you will not be able to buy a firearm.........
Can a convicted felon in the state of Indiana still possess a handgun if their crime was nonviolent and they already had a ccp?
No. A convicted felon may not legally possess a handgun in any state, regardless of whether is was violent.
It depends on where you are. Only a few states require registration, and there is no national registration. "Gun registration" is perhaps the most incorrectly used term used when talking about guns.
It sort of depends, but if the assault charge is still on your record, you will probably be denied by the TBI if you try to buy a gun in Tennessee. If so, you can appeal it, and it may or may not be overturned.Tennessee is one of only a couple of states that uses its own state system for gun purchases, instead of the federal system only like most other states, and they don't… Read More
Before a felon can own any type of a gun, his civil rights must be restored. Since it was at the federal level, they must be restored by the president. You do not apply to the White House. There is an office where you apply. That office will send you the information. There should be a web site for information on what website to use to get the proper application. When the proper office approves… Read More
I do not think so, most states do not permit a convicted felon to be around hand guns. Especially if they are on parole or probation, and the Parole officier can and will come to your home unannounced and if they see that or feel that may be the case, they can violate the parole.
No they are not, cause that is concurrent possession.
This is assuming you mean the emancipation of a minor. As long as you are over 21 and have met the requirements (such as not being convicted of a felony, not being convicted of a domestic violence case [even as a misd.], etc.). An emancipation of a minor has nothing to do with your ability to own a handgun. I would advise you to contact you local police department's non-emergency number and ask them. They… Read More
It depends on where you are. Federal law says an FFL licensed dealer cannot sell you one unless you are 21, but in some states, you can buy a gun from an individual if you are under 21.
It may depend on your prior criminal record, but for that offense alone you could be looking at upwards of 15 years in prison.
If that is a felonly, no you can't.
If you live in Virginia and have a domestic assault conviction can you own a handgun purchased from a private party?
No. Having a domestic violence conviction makes you a prohibited person by federal law, which means you cannot own or possess a firearm anywhere in the U.S.
Not legally. Felons cannot legally purchase handguns in any state, unless the felon's rights have been restored.
No. Felons are prohibited by federal law from owning or even possessing a handgun. It is possible, under some circumstances, for a felon to have his rights restored.Added: Actually . . . I believe that Texas MIGHT have some statute that DOES allow felons to possess firearms under very limited circumstances (e.g.: only in their residences) but have not researched the exact statute.
I'm assuming you mean "past felony." No, you cannot. Generally speaking, any felony on your record makes you a prohibited person (you cannot legally own or possess a firearm), unless you have had your rights restored.
Yes and no. Firstly, according to FEDERAL firearms code the answer is "no." Beyond that, your state may have varying statute. In the state of Texas, according to penal code 46.04 a person convicted of a felony may, after FIVE YEARS of RELEASE FROM STATE SUPERVISION (ie, released from probation, parole, community service, etc) may purchase a firearms to keep at their own residence for home defense. They ARE protected by the "castle law." This… Read More
Can you own a handgun in your own home if you have a son who was convicted of a felony and was in prison for more and one year and now he lives in your home?
Well, yeah, I guess, but I would definitely suggest you keep it away from your son... Added: If you are otherwise lawfully qualified there is no prohibiton against YOUR owning or possessing a firearm. HOWEVER, the law prohibits YOUR SON from being anywhere he may have access to a firearm. It makes no difference WHERE you keep it in the residence, even if you claim it is locked in a safe. It is referred to… Read More
What kind of state "fines?" They will do a background check on you, and during that check it is likely they will discover the outstanding "fines" that you owe, what happens next is up to the licensing authority. However, they might think that it does not display a good sense of law abiding and responsibility on your part.