This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
18 U.S.C. 922(g) is the federal law that prohibits anyone ever convicted of any felony to ever possess any firearm either inside or outside of his home. The federal punishment for firearm possession by a felon is up to 10 years in prison.
The 3rd Circuit Court of Appeals found the felon gun ban unconstitutional in a 2023 case involving a man with a previous conviction for food stamp fraud.
In 2008, in District of Columbia v. Heller, the Supreme Court held that the Second Amendment protects an individual right to possess firearms for certain purposes, including at least self-defense in the home.
Supreme Court kicks gun cases back to lower courts for new look after Second Amendment ruling.
The 3rd Circuit Court of Appeals found the felon gun ban unconstitutional in a 2023 case involving a man with a previous conviction for food stamp fraud.
Hello. Let me see if I can assist. Yes, she can. Just because you have a felony record does not preclude your wife from owning a firearm. However, she must not allow you access to the weapon. As a felon, you could not own or possess such a weapon unless you seek an expungement of your record.
For those with more than one conviction, the court may restore firearms rights two years after completion of sentence for most felonies, or after 10 years for a serious felony (such as murder or sexual assault). For a person convicted of a “dangerous felony” firearms rights may only be restored by pardon.
In general, a conviction for any felony offense will result in a lifetime ban on your ability to possess or own a gun. Certain misdemeanors, such as those involving domestic violence or even drug offenses, may also result in temporary or lifetime bans depending on the conduct which gave rise to the conviction.
Thus, even if you have had a conviction expunged in California, you will still have the ban if that conviction was for a felony or for a qualifying misdemeanor that triggered either a ten-year or lifetime ban on owning or possessing a firearm. Unlawfully owning or possessing a firearm is a crime.