Do Felons Have the Potential to Obtain Firearms Legally?

A felony conviction can prevent you from owning a gun, but there are certain conditions in which you can regain the right to possess a firearm. If you have a felony and have not met the criteria to own a gun, you could be arrested for having an illegal firearm.

“Don’t people in the United States have a right to bear arms?” you might ask. The truth is that there are limits to every right. Felonies place restrictions on people that limit the right to have a weapon.

Are there loopholes to allow for owning a gun as a felon?

One amendment from 1965 allows felons who want to own a gun to apply for one. They can apply for relief from the restriction of not being allowed to possess a gun. If the individual convinces the Bureau of Alcohol, Tobacco and Firearms (ATF) that he or she is not a safety risk to the public, then the Bureau has the authority to grant the individual the right to own a gun.

Expunging a felony can restore your right to own a firearm.

Another loophole is if you have your conviction expunged or pardoned. If you are no longer considered convicted, then you no longer have a restriction on your right to bear arms.

People with white-collar or non-violent felonies may legally own firearms.

The third loophole for felons is that not all felonies restrict your right to own a gun. Although the penalty for a white-collar crime may include a year or longer in prison, that doesn’t necessarily restrict your right to own a gun since the offense was nonviolent.

A felony can affect your right to own a firearm – but you may still have options.

These are just a few of the possible ways to obtain a gun, even if you have a conviction in your past. It’s possible to seek a waiver to allow you the right to your gun, or you may try having your criminal record expunged after a period of time. There are various options, so you can own a gun legally.

Trust our experienced gun crime attorney to help you ensure your right to bear arms.

Have you been charged with a crime? See our Criminal Defense service page for help now.

Have you been charged with a crime? Contact Levine Law.

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