Federal Firearm Prohibition Law
Can I possess or buy a gun?
The Second Amendment to the U.S. Constitution protects our right to “keep and bear arms,” and Article I, section 21 of the Pennsylvania Constitution states that the “right of the citizens to bear arms in defense of themselves and the State shall not be questioned.” While that language makes it sound like a person cannot be stripped of his or her right to “bear arms,” that is NOT the case. Both state and Federal laws prohibit some people from possessing firearms.
Do I Have to be Convicted of a Felony to Lose My Second Amendment Right?
Many people know that a felony conviction prohibits a person from possessing or purchasing a firearm, but many people mistakenly think that a felony “falls off” or is removed from a record after so many years so that gun rights are restored. That is not the case. People also mistakenly think that only felony convictions lead to the loss of gun rights. Some misdemeanor convictions also trigger the Federal law prohibiting gun possession. Drug use and also prohibit a person from possessing a firearm. More specifically, the Federal law, found at 18 U.S.C. 922(g), prohibits gun possession if the person was:
- Convicted of any crime punishable by more than one-year imprisonment
- Convicted of a misdemeanor or greater offense for domestic violence
- subject to a domestic restraining order or order for protection (called a PFA in Pennsylvania)
- involuntarily admitted to a mental institution
- is a fugitive from justice
- is an illegal alien or alien with a non-immigrant visa
- is a drug user or addict
- is a service member that was dishonorably discharged from the military
Facing the Loss of Your Rights? Charged With Possession? Call Us
Whether you face the potential loss of your Second Amendment rights or you have been charged with possession as a prohibited person, we encourage you to contact JD Law for a free initial consultation with an attorney. Attorney Dunkle has successfully handled cases to avoid the loss of gun rights, and he has succesfully obtained pardons for clients to restore gun rights. Call our State College criminal defense law firm at (814) 689-9139 or send us an email.