Will A Misdemeanor Affect Gun Purchase. Under federal law, individuals convicted of a misdemeanor crime of domestic violence are prohibited from purchasing or possessing firearms.
Will A Misdemeanor Affect Gun Purchase.
A misdemeanor crime of domestic violence is defined as an offense that involves the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, a person with whom the victim shares a child, or a person who cohabitates or has cohabitated with the victim as a spouse, parent, or guardian.
Keep in mind that laws can vary widely based on location and specific circumstances. Here are 10 general points to consider:
- Type of Misdemeanor: The impact of a misdemeanor on a gun purchase can depend on the type of misdemeanor. Some misdemeanors are considered “disqualifying offenses” for gun ownership, while others might not have the same effect.
- Domestic Violence: Misdemeanor convictions related to domestic violence, such as assault or battery, can have a significant impact on your ability to purchase a firearm, as federal law often prohibits individuals with these convictions from owning guns.
- Felony-Level Offenses: In some cases, certain misdemeanors might be treated as felony-level offenses for the purpose of gun ownership. This could happen if the misdemeanor involves elements like violence, drugs, or other serious factors.
- Waiting Periods: Even if a misdemeanor doesn’t directly disqualify you from owning a gun, there might still be waiting periods before you can purchase one. This allows for a background check to be conducted.
- Background Checks: Many jurisdictions require background checks for gun purchases. A misdemeanor on your record might lead to a more detailed review during the background check process.
- Firearms Dealer Discretion: Gun dealers often have some discretion in refusing sales. They might choose not to sell to someone with a misdemeanor conviction, even if it’s not a disqualifying offense.
- Expungement: In some cases, having a misdemeanor expunged or sealed from your record might improve your chances of passing a background check for a gun purchase. However, this varies by jurisdiction.
- State Laws: State laws can vary greatly when it comes to misdemeanors and gun purchases. What’s permissible in one state might not be in another.
- Federal Law: Federal law prohibits individuals convicted of certain misdemeanor crimes punishable by imprisonment for more than two years from owning firearms. This includes state laws with equivalent offenses.
- Legal Counsel: If you’re concerned about how a misdemeanor might affect your ability to purchase a gun, it’s a good idea to consult with an attorney who specializes in firearms and criminal law in your jurisdiction.
Remember, laws and regulations can change, so it’s important to research the specific laws in your area and seek legal advice if you’re unsure about your situation.
