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Can a Felon Own a Gun?

Can a Felon Own a Gun?

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.

Picture of Lynne Torgerson, Esq.
Lynne Torgerson, Esq.

Lynne Torgerson, Esq. is a Criminal Defense and Second Amendment Rights Attorney in Minneapolis, MN, with over 30 years of experience, throughout the State of Minnesota.  As the founder of her own Minneapolis based law firm, she has argued and won cases before the United States Supreme Court, Eighth Circuit, and 42 counties in the State of Minnesota.  Recognized for her excellence, dedication, and defense of constitutional rights, she has been named Attorney of the Year and Attorney for the New Millennium.

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