For individuals considering purchasing a firearm, it’s crucial to understand the legal landscape surrounding firearm ownership. Many factors can legally prohibit a person from buying or possessing a gun. This guide outlines common reasons that might disqualify someone from purchasing a firearm, based on legal standards. If you answer “yes” to any of the following categories, you may be legally prohibited from purchasing or possessing a firearm under relevant laws.
Potential Restrictions Based on Legal History
A history involving felonies or certain misdemeanors can impact your ability to purchase a firearm. This is due to regulations aimed at preventing firearms from falling into the hands of individuals deemed to pose a higher risk.
- Felony Indictment or Warrant: Are you currently under indictment for a felony offense, or is there an active arrest warrant for a felony or misdemeanor against you? Outstanding legal processes related to serious crimes can temporarily disqualify you from purchasing a firearm.
- Felony Convictions: Have you ever been convicted of a felony as an adult? Felony convictions typically result in the loss of firearm rights.
- Juvenile Adjudications: For younger individuals, certain serious juvenile offenses can also lead to firearm restrictions. If you are 28 years old or younger, have you been adjudicated delinquent as a juvenile for acts that would be felonies if committed by adults, particularly from the age of 14 onwards? Specific violent crimes committed as a juvenile, such as murder, kidnapping, robbery with firearms, or rape, can result in a lifetime firearm prohibition, regardless of current age, unless rights are specifically restored through a formal process.
- Misdemeanor Crimes with Significant Penalties: Have you been convicted of a misdemeanor crime that carries a potential punishment of more than two years, even if you did not receive the maximum sentence? Certain misdemeanors, deemed serious enough by law, can also restrict firearm purchase rights.
Domestic and Protective Orders
Restraining orders and protective orders, particularly those involving domestic situations or potential violence, are taken very seriously in firearm purchase eligibility assessments.
- Domestic Protective Orders: Is there a protective or restraining order against you related to a spouse, former spouse, co-parent, or intimate partner? Such orders, intended to protect individuals from potential harm, can trigger firearm purchase prohibitions.
- Child Abuse or Neglect Related Orders: Do you have a protective or restraining order against you alleging or involving child abuse or neglect, stalking, sexual battery, family abuse, or acts of violence? These orders highlight potential risks and are considered critical in firearm eligibility.
- Substantial Risk Orders: Is there an active emergency or substantial risk order against you, issued by any court, including those outside of your state? These orders, often related to concerns about potential harm to self or others, are significant disqualifiers.
Substance Use and Mental Health
Federal law and many state laws restrict firearm purchases for individuals with substance use disorders or specific mental health histories. These restrictions aim to prevent firearms access for those who may be a danger to themselves or others due to impaired judgment or instability.
- Unlawful Substance Use or Addiction: Are you an unlawful user of, or addicted to, marijuana, depressants, stimulants, narcotics, or any controlled substance? Recent convictions or evidence of drug use, particularly within the past year, can be disqualifying.
- Mental Health Adjudications and Commitments: Have you ever been acquitted by reason of insanity, adjudicated legally incompetent or mentally incapacitated, or involuntarily committed to a mental health facility or ordered to involuntary outpatient treatment? These legal and medical determinations related to mental health are significant factors in firearm eligibility.
- Voluntary Admissions Following Detention Orders: Have you been subject to a temporary detention order for mental health evaluation and subsequently agreed to voluntary admission for treatment? While voluntary admission itself may not always be disqualifying, the preceding detention order can be a factor.
Status and Specific Offenses
Certain legal statuses and specific misdemeanor convictions further restrict firearm purchases.
- Dishonorable Discharge from Armed Forces: Have you been discharged from the Armed Forces under dishonorable conditions? A dishonorable discharge can impact firearm rights.
- Undocumented or Nonimmigrant Alien Status: Are you an alien illegally present in the United States? Are you a nonimmigrant alien without specific exceptions (like a hunting license)? Federal law restricts firearm purchases by non-citizens without specific exceptions.
- Renunciation of US Citizenship: Have you renounced your United States citizenship? This can also affect firearm purchase eligibility.
- Misdemeanor Crime of Domestic Violence: Have you ever been convicted of a misdemeanor crime of domestic violence? This includes misdemeanors involving physical force against family members, intimate partners, or co-parents.
- Recent Handgun Purchases: Have you purchased a handgun within the last 30 days? While not a prohibition in itself, this question is relevant to regulations tracking handgun sales and may be part of state-specific limitations.
- Multiple Substance Offenses (Handgun Purchases): For handgun purchases specifically, have you been convicted of two misdemeanor offenses for drug possession (controlled substances or marijuana) within a 36-month period in the last 5 years? This is a state-specific restriction in some jurisdictions.
- Misdemeanor Assault and Battery on Family Member (Post July 2021 Offenses): Have you been convicted as an adult or adjudicated as a juvenile for misdemeanor assault and battery on a family or household member on or after July 1, 2021? Recent convictions for domestic assault can lead to firearm purchase restrictions.
- Voluntary Do Not Sell Firearms List Enrollment: Are you currently enrolled in a voluntary “Do Not Sell Firearms” list? Voluntary enrollment in such lists legally prohibits firearm purchase in some states.
Restoration of Rights
It’s important to note that in some cases, firearm rights can be restored. If you have been denied the right to purchase a firearm due to a felony conviction, you may become eligible if your rights have been formally restored under both state and federal law. Information on rights restoration is typically available through state law enforcement or judicial websites.
Conclusion
Understanding firearm purchase legality is essential for anyone considering buying a gun. This information provides a general overview of potential restrictions. Laws vary, and this is not legal advice. If you have concerns about your eligibility to purchase a firearm, it is crucial to consult with legal counsel and review the specific laws in your jurisdiction. Always ensure full compliance with all applicable federal, state, and local regulations when attempting to purchase a firearm.
