Can I Purchase a Firearm if I've Been Arrested for a Felony Charge?

Many individuals find themselves in the position of having been arrested for a felony charge before their case has gone to court. It can be confusing to understand your rights during this time and whether you can still purchase a firearm. Let's break down the situation and provide some clarity.

Understanding Your Legal Status

It is important to first understand your legal standing. Being arrested for a felony charge does not automatically make you a convicted felon. Until a court has found you guilty of the charge, you are technically not a convicted felon. This means you retain certain rights, including the right to own and possess firearms, provided there are no other disqualifying factors.

Impact of an Unresolved Felony Charge on Purchasing a Firearm

When purchasing a firearm, particularly through a federally licensed firearm dealer (FFL), you are required to undergo a background check. During this check, the buyer's arrest record will be examined. If the background check reveals an unresolved felony charge, the results can vary.

Form 4473: ATF Form for Firearm Purchases

The ATF Form 4473, commonly known as ATF Form 5300.9, is the form used by FFL dealers during the firearms purchase process. Question 21 on this form specifically addresses whether the buyer is under indictment or charged with any crimes:

c. Are you under indictment or information in any court for a felony or any other crime for which the judge could imprison you for more than one year or are you a current member of the military who has been charged with violations of the Uniform Code of Military Justice and whose charges have been referred to a general court-martial

Based on your response to this question, it is likely that the dealer will not allow you to purchase a firearm unless the charge has either been dismissed or the case has been acquitted.

Legal Steps to Take

If your case is still pending, you will not be able to purchase a firearm from a federally licensed dealer. However, there are a few options if the charge has been dismissed or you have been acquitted:

1. Obtain a Certification of Dismissal

You should go to the court and request a certified copy of the dismissal. This document will be necessary to establish that the charge has been resolved in your favor.

Once you have the certification, you can use it to appeal the background check denial. The dealer will provide you with an application to appeal the denial. Submit the required documentation to the Federal Bureau of Investigation (FBI).

2. Obtain a PIN Number for Future Purchases

Once the FBI corrects the record based on your appeal, they will provide you with a PIN number. This PIN number can be used in future firearm purchases to indicate that the background check was not accurately processed in your case.

Additional Purchasing Options

Even if you cannot purchase a firearm from a federally licensed dealer, you still have options:

State-Based Permits: In states like North Carolina, you can obtain a concealed carry permit or a purchase permit from your local county sheriff's department. These permits require a background check and fingerprinting. Private Sales: You can also purchase firearms through private sellers or at gun shows, but note that many private sellers require a completed background check before selling a firearm.

Conclusion

While it can be challenging to navigate the legal intricacies of an unresolved felony charge, there are still options available for purchasing firearms. The key is to ensure that any dismissals or acquittals are properly documented and that you appeal any background check denials in a timely manner.

Remember, the Constitution protects your rights as an individual, and it is important to understand your rights and the legal processes involved in obtaining a firearm. Seeking advice from a legal professional can also be beneficial in navigating these situations.