There are so many questions when it comes to firearm possession, and you want to do everything by the books before you own a gun. But what if you have a felony conviction? Will you be arrested for possessing a gun? Can felons even own guns?
Can Felons Own Firearms?
Firearms include handguns, rifles, or any assault weapons. For most states, being a convicted felon denies you the right to purchase, own, or possess a firearm. If you are ever caught with one, you can be arrested and face charges for a different crime, “felon with a firearm.”
These charges usually come with different consequences, including receiving a lifetime ban, such that you will never be allowed to own a gun. However, the good news is that a felon can own a gun if they remain law-abiding. This means that there are chances that you can restore your gun rights.
How Can You Restore Your Gun Rights If You Are a Felon?
Although the general rule for most states is that a formerly convicted felon cannot own a firearm, there is a silver lining. It depends on your case, the facts, and the state you were convicted in. Many states allow you to own a gun again if:
- You successfully file for expungement
- You manage to have your conviction reduced to only a misdemeanor
- You successfully file a court order to have your gun rights restored
- You obtain a pardon (being pardoned by state governors after committing a non-federal crime or pardoned by the President after committing a federal crime)
- Some time has elapsed after being convicted (some states don’t require any action for your gun rights to be restored; you can regain it after some time post-conviction)
How an Attorney Can Defend You After Being Charged With “Felon With a Firearm?”
You need an experienced legal team to help you battle such charges. If you are a previous felon caught in possession of a firearm, attorneys could argue that:
- The gun was found after an unlawful search; therefore, it cannot be submitted as evidence.
- You didn’t know the gun was in your possession, so you did not possess it.
- You were only a victim of mistaken identity, that the gun was in possession of someone else.
- Someone was trying to set you up and falsely accused you.
- You had to use the gun for self-defense to protect yourself or someone else.
Seek Legal Help
You need a brilliant and experienced criminal defense attorney in Minneapolis like Lynne Torgerson to help you regain your gun rights even as a felon or to get the charges of “felon with a firearm” dropped.