Question
Can a non-violent felon own a firearm?
When I was much younger I was convicted on embezzlement charges. I served about a three month prison sentence and I have not been in trouble with the law at all since. I know that felons cannot usually own registered firearms, but is there any way that I can because my crime was nonviolent?LawQA.com Answer Library
Answered By: The Law Office of Harry E. Hudson, Jr.
Absent a pardon from the governor, felons, violent or otherwise, may not own or possess a firearm.
Answer Applies to: California
Replied: 4/1/2011
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Answer Applies to: California
Replied: 4/1/2011
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Answered By: The Law Offices of Michael S. Berg
No felon can own or possess firearms unless the conviction is reduced to a misdemeanor and gun rights are restored. Good luck!
Answer Applies to: California
Replied: 4/1/2011
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Answer Applies to: California
Replied: 4/1/2011
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Answered By: Law Office of Evan E. Zelig
The prohibition on owning firearms generally applies to ALL felonies, and not just those that are considered "violent" offenses. If you were convicted of a felony you may not own or possess any firearms or ammunition, regardless of the felony you were convicted of.
Answer Applies to: California
Replied: 3/31/2011
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Answer Applies to: California
Replied: 3/31/2011
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Answered By: Law Office of Joseph A. Katz
Your question does not specify, so assume that you mean California. You will need a personal consultation with an attorney. You can definitely not own a concealable firearm (a sidearm), unless you obtain a Certificate of Rehabilitation and a Pardon from the Governor. You cannot receive those until seven years after you were out of custody. You will need to have a personal consultation with a qualified attorney regarding rifles and hunting.
Answer Applies to: California
Replied: 12/18/2010
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Answer Applies to: California
Replied: 12/18/2010
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Answered By: Karmali Law Office, PLLC
As far as my experience, the law is very clear cut. Felony convictions mean lifetime firearms bans, regardless of the type of felony.
Answer Applies to: Washington
Replied: 12/15/2010
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Answer Applies to: Washington
Replied: 12/15/2010
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Answered By: Robert Mortland
You can always attempt to expunge your prior felony if you would like to have that off of your record and not worry about it.
Answer Applies to: California
Replied: 12/14/2010
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Answer Applies to: California
Replied: 12/14/2010
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Answered By: Law Office of Cynthia A. Grimm
No. You can petition for relief. Penal Code Section 12021
Answer Applies to: California
Replied: 11/20/2010
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Answer Applies to: California
Replied: 11/20/2010
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Answered By: Law Office of Tracey S. Sang
I am afraid not.
Answer Applies to: California
Replied: 11/19/2010
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Answer Applies to: California
Replied: 11/19/2010
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Answered By: Expert Bronx Criminal Lawyers
Each state has its own rules concerning this issue. However, federal law trumps state law on this issue, and if a person has been convicted of a felony in a state court, federal law prohibits a felon from owning a firearm. If your state has an expungment statute, this may be a way around the issue.
Answer Applies to: New York
Replied: 11/18/2010
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Answer Applies to: New York
Replied: 11/18/2010
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Answered By: Hedges & Tumposky
That is very unlikely.
Answer Applies to: Massachusetts
Replied: 11/18/2010
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Answer Applies to: Massachusetts
Replied: 11/18/2010
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Answered By: Dennis Roberts, a P.C.
No, and even if you can own a long gun in CA it is still a federal crime. If you want a gun have it registered in a friend's name and do not keep it at your house.
Answer Applies to: California
Replied: 11/17/2010
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Answer Applies to: California
Replied: 11/17/2010
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Answered By: The Law Offices of Robert L. Driessen
No, if you were convicted of a felony and sent to prison you can not own a firm arm.
Answer Applies to: California
Replied: 10/7/2010
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Answer Applies to: California
Replied: 10/7/2010
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Answered By: Law Office of Cotter C. Conway
If you are convicted of any felony, then you are not allowed to possess a firearm. It does not matter that the felony was a non-violent property offense. The best advice would be to have your felony expunged if enough time has passed. It can take about 5 months but the result will be a sealed record and you would be allowed to possess firearms as any non-felon would. Contact me for a free consultation.
Answer Applies to: Nevada
Replied: 10/7/2010
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Answer Applies to: Nevada
Replied: 10/7/2010
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Answered By: The Law Offices of Robert A. Levine
There are exceptions to the statute that would make the statute not applicable. For example if you received a pardon with respect to the crime or felony and were expressly authorized to possess a firearm under 18 USC app. 1203. Without more information I cannot give you an opinion as to whether or not any of the exceptions would apply to your circumstances. This is for informational purposes only and should not be construed as legal advice. Good luck!
Answer Applies to: Wisconsin
Replied: 10/7/2010
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Answer Applies to: Wisconsin
Replied: 10/7/2010
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Answered By: Law Office of Geoffrey M. Yaryan
No, it makes no differences whether it was violent or not.
Answer Applies to: California
Replied: 10/6/2010
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Answer Applies to: California
Replied: 10/6/2010
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Answered By: The English Law Firm
As to California, no, a felon cannot own a firearm. The only possible way is to get a full and unconditional pardon from the Governor.
Answer Applies to: California
Replied: 10/6/2010
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Answer Applies to: California
Replied: 10/6/2010
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Answered By: Law Offices of Ramona Hallam
Under Federal law (1968 Gun Control Act) a convicted felon may not possess a firearm. There is no distinction in what type of felony. Federal law overreaches state law.A person "convicted in any court of a crime punishable by imprisonment for a term exceeding one year" cannot possess any firearm in any location. See 18 U.S.C. 922(g). This includes some misdemeanors as well.
Answer Applies to: California
Replied: 10/6/2010
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Answer Applies to: California
Replied: 10/6/2010
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Answered By: Law Offices of Juan Dotson
No, a convicted felon cannot own or possess a firearm, even if your case is later expunged. If you were a minor at the time, then your proceeding was not a criminal "conviction." You should consult with an attorney so they can review your documents.
Answer Applies to: California
Replied: 9/16/2010
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Answer Applies to: California
Replied: 9/16/2010
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Answered By: Law Offices of John Carney
You may be able to register, call me to discuss the possibilities.
Answer Applies to: New York
Replied: 9/14/2010
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Answer Applies to: New York
Replied: 9/14/2010
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Answered By: Smith & John
I felon cannot own a firearm. If your sentence was deferred pursuant to Code of Criminal procedure 893, then you may be able to convert the conviction to an acquittal and have it expunged from your record.
Answer Applies to: Louisiana
Replied: 9/9/2010
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Answer Applies to: Louisiana
Replied: 9/9/2010
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Answered By: Beaulier Law Office
As a general rule, under Minnesota's Gun Control Act, Minn. Stat. 624, a person who has been convicted of a crime of violence as defined under the act (and the list is long), a domesti8c abuse criminal charge of any sort, or who has been convicted of a felony drug offense may not possess a firearm unless ten (10) years have elapsed since the sentence discharge (meaning off probation), or restoration of civil rights, whichever occurs first AND the person has no other offenses of the same categories.
Answer Applies to: Minnesota
Replied: 9/9/2010
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Answer Applies to: Minnesota
Replied: 9/9/2010
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Answered By: Diefer Law Group, P.C.
No, not in California.
Answer Applies to: California
Replied: 9/9/2010
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Answer Applies to: California
Replied: 9/9/2010
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Answered By: Law Office of Eric Sterkenburg
A felon cannot own or posses a firearm. They cannot serve on a jury or vote. Whether there is a way for you to obtain the status that you my own a firearm depends on the facts of your case. Contact me for a free consultation to discuss your options.
Answer Applies to: California
Replied: 8/26/2010
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Answer Applies to: California
Replied: 8/26/2010
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Answered By: Law Offices of James C. Bechler, A.P.C.
You can petition that the crime be reduced through a 17(b) Motion to a misdemeanor and then Expunge the Crime and thus own a firearm.
Answer Applies to: California
Replied: 8/25/2010
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Answer Applies to: California
Replied: 8/25/2010
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Answered By: Nelson & Lawless
No. Any felony conviction bars you from owning or possessing firearms or ammo. You can seek expungement, to help you in employment, but it would not change your prohibited person status under state and federal law.
Many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
Answer Applies to: California
Replied: 8/25/2010
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Many felony and misdemeanor convictions [not infractions] can sometimes be expunged by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not remove the conviction, but merely changes the record to show conviction reversed and dismissed by expungement. If expunged, you would be able to say no to conviction on most private employment applications. However, the conviction is still a prior for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. The agency and employer then can decide whether you are barred from employment because of your conviction. If you are serious about doing so, and you think you qualify, feel free to contact me for the legal help you will need.
Answer Applies to: California
Replied: 8/25/2010
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Answered By: Law Office of John Stanko
A convicted felon cannot possess a firearm. However, it may be possible to reduce you charge to a misdemeanor and then in CA you can possess a firearm.
Answer Applies to: California
Replied: 8/25/2010
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Answer Applies to: California
Replied: 8/25/2010
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Answered By: Robert P. Jarvis, PC
There is a process of restoring civil rights for someone who was previously convicted of a felony. Among the rights that MAY be restored is the right to bear arms.
We actually assist many individuals with the restoration of their rights. Legal matters such as restoring your civil rights are complicated. We recommend that you seek immediate legal representation. A competent attorney can explain small differences in the law or the facts that
could dramatically affect your case. Feel free to contact us for assistance.
Answer Applies to: Arizona
Replied: 8/25/2010
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We actually assist many individuals with the restoration of their rights. Legal matters such as restoring your civil rights are complicated. We recommend that you seek immediate legal representation. A competent attorney can explain small differences in the law or the facts that
could dramatically affect your case. Feel free to contact us for assistance.
Answer Applies to: Arizona
Replied: 8/25/2010
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Answered By: The Stein Law Firm
Even for a single non-violent felony, you are barred for life from possessing a firearm by federal law and laws in most states. (The federal law is found at Title 18, United States Code, Section 922(g)(1)). Currently, the only way around the federal prohibition is to have your civil rights fully restored, such as from a presidential pardon, a state-level pardon, finding of factual innocence, or similar process. Many common after the fact dismissals, such as an expungement in California, does not restore your right to possess a firearm.
This may change. With the recent Supreme Court decision declaring that the Second Amendment protects an individual right to possess firearms, there has been much legal speculation that the felony prohibition might be unconstitutional in the case of someone convicted of a non-violent felony. A good lawyer could file a serious and credible constitutional challenge seeking to the law and seek to have your right to possess a firearm restored. Feel free to give me a call to discuss it.
Answer Applies to: California
Replied: 8/25/2010
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This may change. With the recent Supreme Court decision declaring that the Second Amendment protects an individual right to possess firearms, there has been much legal speculation that the felony prohibition might be unconstitutional in the case of someone convicted of a non-violent felony. A good lawyer could file a serious and credible constitutional challenge seeking to the law and seek to have your right to possess a firearm restored. Feel free to give me a call to discuss it.
Answer Applies to: California
Replied: 8/25/2010
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