Gun License With A Criminal Record

Criminal, Lawyer in McHenry County

According to federal laws, those convicted of specific crimes are prohibited from ever accessing firearms. Some offence that could deter one from ever getting a gun license includes felonies and misdemeanor domestic violence. However, state laws are fond of overlapping federal laws. For instance, California forbids such offenders from owning a firearm within ten years of conviction.

To be sure, it is necessary to find outlaws in your state regarding owning firearms. Usually, the laws vary depending on your state laws.

Someone can be within the rights to possess a firearm and not able to due to federal laws. In some cases, people seek exemption from the federal prohibition. Depending on your record, state laws might provide for the equivalent.

Whether your rights to firearm access will be accepted or denied lies on the severity of the offence, to be sure of the laws in your state, get across to your criminal defense lawyer for more knowledge. Getting a gun license can be a complex procedure, and the rules can also change.

Gun License Denial

Not all felonies are treated as forcibly felony, such as retail theft. But if you have a low-level felony conviction, your application for a gun license is likely to be denied. In the event of a denial, you will receive a letter from the state police director explaining things you need to do to appeal the denial.

If your felonies are serious, they can be appealed to in the Circuit Court. However, neither the judge nor director can grant access to a gun license if contrary to federal laws. Although the right to own and bear arms is considered a civil right, you cannot access it if you’re seen as a danger. But when your civil rights have been restored, you will seek a gun license if you previously have a criminal record.

Conviction Or Situations That Leads To Denial

  • Forcible felony conviction within 20 years of application
  • Certain types of drug convictions
  • Conviction of battery or assault for the last five years
  • A misdemeanor for those under the age of 21
  • A juvenile offence
  • Mental illness
  • Under the age of 18


Executive Clemency

You can file a petition for executive clemency to restore your rights to a gun license. If the government should grant your petition, you will receive a pardon letter, which you can attach to your application. Having a criminal record is not the end of the road, as you can still restore your rights by taking the right actions.

Application for a pardon is not considered unless you’ve been discharged from parole for the last ten years.  Also, you must not have any other kind of criminal activity during that period. When one can demonstrate exceptional good behavior, the ten-year rule may be waived.

Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your case.