Understanding Federal Gun Rights After a Conviction
If you’ve been convicted of a crime, what do you need to know about your federal gun rights? My name is Ted Hasse, and I am a Muscogee Creek Nation tribal court attorney practicing in both federal and tribal courts in Oklahoma. This is the first part of a series—probably four parts—regarding federal gun rights and potential options for individuals who have lost their firearm rights.
The Scope of Federal Gun Restrictions
In recent years, there appears to be some renewed hope for those seeking to restore their gun rights. The process to regain these rights has been largely dormant since around 1992, but there are indications that this may change soon. For now, it’s important to understand who is affected and the legal background under federal law regarding firearm restrictions.
Who Is Prohibited From Owning Firearms?
Under federal law, any individual convicted of a felony, a misdemeanor domestic violence crime, or who has been convicted of either in a state, federal, or tribal court is prohibited from owning or possessing a firearm. This prohibition is outlined in Title 18 of the U.S. Code, Section 922(g).
Federal Firearm Restrictions: Key Points
According to Section 922(g), it’s unlawful for anyone convicted in any court of a crime punishable by imprisonment exceeding one year, which qualifies as a felony, to own or possess a firearm. Misdemeanor convictions, with a maximum sentence of up to one year, do not automatically trigger this federal prohibition.
Additional Grounds for Firearm Prohibition
Besides felony convictions, other reasons include being a fugitive from justice, unlawfully using or being addicted to controlled substances, or having been adjudicated as mentally defective or committed to a mental institution. Other prohibited categories involve unlawful U.S. residents, individuals discharged dishonorably from the armed forces, those who have renounced U.S. citizenship, or persons subject to certain court orders.
Protective Orders and Domestic Violence
If a court issues a protective order after a hearing—where the individual was given due notice and opportunity to participate—they are typically barred from possessing firearms. This applies especially if the order relates to harassment, stalking, or threatening an intimate partner. Additionally, being convicted of a misdemeanor crime of domestic violence results in firearm prohibitions under federal law.
Restoring Gun Rights: Is It Possible?
While there is a federal statute that might allow individuals to restore their firearm rights, the process has been largely inactive since 1992. However, future developments may provide new avenues for those seeking to regain their rights. Stay tuned for future videos where we will discuss potential changes and updates.
Contact Us for a Low-Cost Consultation
If you want to discuss your gun rights or assist a loved one in restoring them, I am here to help. My name is Ted Hasse, and I am a Muscogee Creek Nation criminal defense attorney. Call us at 918-932-2800 for a consultation and learn about your options today.
Leave a Reply