Can a felon own a gun in the United States?

The idea that society ’s vilest criminals should not only stand penalty but also forfeit polite rights savor a long pedigree . In pre-1870 England , a declaration ofciviliter mortuus , orcivil destruction , meant precisely what it sounded like : Certain crook — including treasonist , whitlow , expat and outlaws — were , in the eye of the law , as good as stagnant [ sources : Black ’s Law Dictionary ; Encyclopaedia Britannica ] .

A interpretation of polite death survives in American law ascivil disabilities , through which offenders can be legally debar from such privileges as entering into certain agreements , entertain public position , obtaining some jobs and licenses , or benefit from insurance or pensions . Disabilities can also extend tocivil rights , let in the rightfulness to vote , to do on a jury or to keep and carry arms [ sources : Black ’s Law Dictionary ; King ] .

As spelled out in Chapter 44 of Title 18 of the United States Code ( U.S.C.),federal lawbans convicted felons from possess firearms or ammo . ( The U.S.C. is a compilation of congressional laws organized by topic and subtopic : Title 18 defines federal crime and criminal procedure , and Chapter 44 ( Sections 921 - 931 ) covers firearms . ) It go straightforward enough , but when you unpack how that federal law works and factor in the complexities tot up by state laws and high court ruling , a much more complicated ikon begins to emerge .

accord toSection 922(g)(9 ) , no one " who has been convict in any court of a crime punishable by imprisonment for a term exceeding one year " may own or possess a gun . This rule cover all felonies but does not apply to country violation that carry less than a two - year sentence . It also exempts several variety of felonious ashen - collar crime , as well as felony condemnation handed down in extraneous countries [ sources:18 U.S.C. § 921;544 U.S. 385 ; Williams ] .

Lest you think Section 922(g ) is too lenient , however , say on : It also bans gun for ( among others ) fugitives , illegal users of controlled substances , genial defectives , undocumented immigrant , shamefully discharged soldiers , abdicate citizens , depicted object of certain lawcourt orders and persons convicted of violation domestic violence . Violating these statute can clear you 10 eld of incarceration and/or a $ 250,000 fine [ germ : Rhode Island Probation ] .

Title 18 also provides procedures for seeking gas right restoration ( we ’ll turn over more profoundly into this effect subsequently ) , but do n’t view as your breath . As explicate inSection 925(c ) , felons may petition the U.S. Attorney General ’s office , but the AG has since delegated this responsibility to the Bureau of Alcohol , Tobacco , Firearms and Explosives ( ATF ) , which has been prohibit by Congress since 1992 to fund the processing of such app [ sources : ATF ] .

As for someone convicted of a federal offence , they can always apply to the president for a pardon [ source : 28 C.F.R. § 1;DOJ ] .

Yeah … practiced luck with that .