I was recently researching keywords for my new Felon Career Assistance website (www.feloncareerassistance.com) so I could submit it to all the top search engines. Of course, I started with the obvious one, felon. I was using the free keyword suggestion tool from Word Tracker (http://freekeywords.wordtracker.com) and it gives the top 100 keywords for the keyword of your choosing. The number one keyword for this week was federal felon gun law. There was also six other keywords related to guns or firearms in the top results. What bothers me the most is that there was only two keywords concerning voting and they were towards the bottom of the list. I actually took it one step farther by doing a search on Google (http://www.google.com) for the word felon and I was amazed by the amount of results related to felons owning guns in some form or another. I was even more amazed by the amount of questions posted about if a convicted felon may own a gun or if it is possible for a convicted felon to get back their right to own a gun.
First and foremost, I would like to answer the question myself. There is a lot of variation in laws from state to state concerning convicted felons owning firearms. But, there is also federal laws on the subject as well. In my own mind, the best way to look at it is, "If one doesn't get you, then the other one will. It is a very complex issue at first glance but after some thought it does become clearer. I live in the state of Tennessee, so I will use a law firm from my home state to answer clearly. I have took the information below from the website of Hollins, Wagster, Weatherly, & Raybin P.C. Law Offices (http://www.hwylaw.com/CM/Articles/Articles88.asp). I feel that after you read their explanation on the subject and give it some considerable thought you will understand the law and it's exceptions quite well.
A synthesis of a series of federal precedents establishes the following points which must be addressed to determine if a client is in violation of the federal statute prohibiting convicted felons from possessing firearms.
1. Federal law generally makes it a felony for a person to be in possession of a firearm if the person has any prior felony conviction.
2. Federal law contains an explicit statutory exception which provides that the federal criminal offense of firearms possession is inapplicable to persons who have had their civil rights restored on the predicate state felony conviction.(4)
3. Whether a person has had his or her civil rights restored for a state conviction is determined by state and NOT federal law.
4. However, (this "however" is the first of two elusive parts of the analysis) federal law requires that for federal law to recognize the state restoration of rights, the state restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. (5)
5. If the state restoration of rights includes the three aforementioned rights the federal law contains an additional federal "unless" clause which looks to state law to see if the state imposes any restriction on the right of the convicted felon to possess a weapon (e.g., some states such as North Carolina prohibit the subsequent possession of a handgun but would allow the individual to possess a rifle or shotgun).
6. If there is some added firearms restriction under state law then (and here is the second elusive part of the analysis) the federal "unless" clause is triggered to make the possession of any firearms unlawful under federal law notwithstanding the state's restoration of civil rights. Thus, if the state says that a restored-rights felon may possess a shotgun but not a pistol, the state has allowed the felon to possess the shotgun under state law BUT, because the state has created some firearm restriction for a convicted felon, this means that the federal prohibition applies with full force notwithstanding a state restoration of rights. Thus, in the shotgun-pistol example, that person could be convicted under federal law for possession of the shotgun even though it would be perfectly lawful under state law.(6)
1. Federal law generally makes it a felony for a person to be in possession of a firearm if the person has any prior felony conviction.
2. Federal law contains an explicit statutory exception which provides that the federal criminal offense of firearms possession is inapplicable to persons who have had their civil rights restored on the predicate state felony conviction.(4)
3. Whether a person has had his or her civil rights restored for a state conviction is determined by state and NOT federal law.
4. However, (this "however" is the first of two elusive parts of the analysis) federal law requires that for federal law to recognize the state restoration of rights, the state restoration must include the right to vote, the right to seek and hold public office, and the right to serve on a jury. (5)
5. If the state restoration of rights includes the three aforementioned rights the federal law contains an additional federal "unless" clause which looks to state law to see if the state imposes any restriction on the right of the convicted felon to possess a weapon (e.g., some states such as North Carolina prohibit the subsequent possession of a handgun but would allow the individual to possess a rifle or shotgun).
6. If there is some added firearms restriction under state law then (and here is the second elusive part of the analysis) the federal "unless" clause is triggered to make the possession of any firearms unlawful under federal law notwithstanding the state's restoration of civil rights. Thus, if the state says that a restored-rights felon may possess a shotgun but not a pistol, the state has allowed the felon to possess the shotgun under state law BUT, because the state has created some firearm restriction for a convicted felon, this means that the federal prohibition applies with full force notwithstanding a state restoration of rights. Thus, in the shotgun-pistol example, that person could be convicted under federal law for possession of the shotgun even though it would be perfectly lawful under state law.(6)
Like I said before, at first it does seem a little complex but I can assure you if given enough thought it becomes clearer. What it really boils down to is that it is unlawful for anyone convicted of a felony to own a firearm from a federal standpoint. Please take the time to read the entire article on the website link I listed for the law firm.
Now, I would like to add my own thoughts on the subject. But remember, opinions are like a certain part of the human anatomy that everyone has and some stink. ( a little sick humor, please don't be offended) I am a convicted felon, myself. Of all the rights that I have lost, the right to own a gun is the one I care about the least! There has to be some long term consequences for committing such a serious crime as a felony. However, there are some rights that should be automatically reinstated once the sentence for such crime has been completed. Most importantly, the right to vote. Unfortunately, according to the Bureau of Justice in 1994, as much as 52% of the felons released from prison return within three years for either a new offense or violating a condition of their release. There are a lot of factors that take part in that figure I do believe. One is not enough support or programs for someone to turn their life around. But, it is what it is, and you can not jeopardize the safety of every other law abiding citizen. In the part of the country I live, hunting is a passion. I hate that someone would lose the right to ever hunt again. In some cases in may be even unfair, but you have to protect the community as a whole. We could go on with this subject forever but I do not want to turn this post into an article. In closing, I just think we should concentrate on restoring the rights that allow us to make a difference. I would love to hear other convicted felons point of view on this subject
