Federal Background Checks and Felony Convictions: Stricter Regulations and the Impact on Firearms Purchases
Understanding the Regulations
There are strict regulations surrounding firearms purchases, particularly for individuals with felony convictions, those awaiting sentencing, and those involved in violent misdemeanor cases. This article provides an in-depth look at the current federal background check policies and their implications for various scenarios, including those currently out of custody on bond while awaiting sentencing.
Key Points to Consider
According to federal law, individuals who have been convicted of a felony cannot pass a federal background check and are therefore barred from purchasing firearms. This applies to individuals who are currently awaiting trial on a felony charge, those waiting for a verdict in a misdemeanor domestic violence case, or those facing any charge that could result in more than a year in jail. The severity and potential sentencing of the charge significantly influence an individual's eligibility to purchase firearms.
Current Status and Pending Cases
When facing a felony conviction, current legal status is often a critical factor. For those who are currently out of custody on bond and awaiting sentencing, federal background checks will typically result in denial. The status of the case is arbitrary and largely irrelevant when it comes to passing a background check. Any charge serious enough to result in a loss of firearms rights must be resolved prior to the restoration of those rights.
While it's theoretically possible that a judge might reinstate firearm rights in certain circumstances, such as cases that drag on endlessly, the practicality of this scenario is questionable. Additionally, if an individual goes ahead and purchases a firearm under these circumstances, they might face legal consequences, including the potential to be forced to return the gun to the store or face additional legal penalties.
Alternative Pathways for the Future
For those looking to regain their firearms rights in the future, immediate action is recommended. This involves fostering a positive behavior profile while serving any applicable sentence, engaging in community service, and maintaining a clean record.
Specifically, this involves:
Behaving well while serving any time. Volunteering in the community. Making friends, particularly those who are not felons. Maintaining employment and avoiding illegal activities such as speeding or getting into petty fights.Antique Firearms as a Potential Option
One possible alternative for individuals who cannot contain their desire to own firearms is to consider antique firearms. Antique firearms, defined as reproductions with primitive ignition systems or firearms using black powder, are legally federally permissible but subject to varying state laws.
Antique firearms can be a legally permissible option for those who wish to own a firearm but are restricted due to felony convictions. However, it is crucial to understand the legal complexities surrounding antique firearms. For instance, Virginia has passed a law specifically allowing felons to possess antique firearms.
Before pursuing any option, it is highly recommended to consult with a legal professional. The law can be complex and understanding all the ramifications is crucial to avoid potential legal pitfalls.
For those considering purchasing antique firearms, thorough consultation with a lawyer is advised to navigate the legal landscape.
Final Notes
If considering owning an antique firearm, the advice of a legal professional is paramount. Understanding the legal intricacies and making informed decisions can significantly impact one's legal standing and firearms ownership goals in the future.
Good luck
-Daniel