Gun ownership is a protected right in the United States, but that right is not without limits. Certain actions or criminal convictions can lead to losing the legal ability to own, purchase or carry a firearm.
If you have been charged with a gun-related crime or another offense that affects your eligibility to own a firearm, it is important to understand how certain actions may impact your rights. Below are four common reasons someone may lose the legal ability to own or carry a firearm.
1. Felony convictions
A felony conviction is one of the most common reasons people lose the right to own a firearm. Under federal law, individuals convicted of crimes punishable by more than one year in prison are prohibited from possessing guns. This restriction applies even if the offense was unrelated to firearms.
2. Domestic violence convictions
People convicted of domestic violence offenses can also lose their gun rights. This includes both misdemeanor and felony convictions involving physical harm, threats, or abuse against a spouse, dating partner, co-parent or other qualifying individual. Federal laws passed in recent decades have expanded these restrictions to cover a wide range of domestic relationships, regardless of whether a weapon was involved in the original incident.
3. Active protection orders
Courts may issue protection or restraining orders in response to allegations of harassment, stalking, or abuse. Individuals who are subject to these orders may be temporarily or permanently barred from owning or possessing firearms. These bans typically last for the duration of the order and can affect anyone who poses a credible threat to the safety of another person.
4. Drug use or mental health findings
Federal regulations also restrict firearm rights for individuals who have been found mentally unfit or who are unlawful users of controlled substances. This includes those who have been committed to mental institutions or found incompetent by a court. Even without a criminal conviction, certain findings or admissions related to substance use can result in a firearm prohibition.
Legal guidance can help you understand whether any of these restrictions apply and what steps you can take in response.