Gun laws in the United States can be complicated because they can involve both federal and state charges. A person can follow one set of rules and still run into problems under the other. When criminal allegations enter the picture, the risk increases. Even before a case is finished, an arrest, a pending charge, or a court order can create restrictions on buying, possessing, or carrying firearms.

The consequences for a gun charge can be serious and long-lasting, so it is important to understand the broad rules that apply across the country and where the biggest problem areas tend to appear. If you are facing charges or a court order related to firearms, an attorney can help you understand what applies to your situation and take steps to protect your rights.

Do Misdemeanor Crimes Affect Gun Ownership?

People often assume only felonies affect gun rights, but some misdemeanors can also lead to firearm restrictions. The most important category to understand is misdemeanor domestic violence.

Under federal law, a conviction for a “misdemeanor crime of domestic violence” can prohibit a person from possessing firearms or ammunition. These misdemeanor offenses will generally involve the use or attempted use of physical force (or threatened use of a deadly weapon) against a current or former spouse, a person you live with, a co-parent, or someone in a similar close relationship as defined by law.

Domestic violence issues can come up in more situations than people expect, including when the original charge sounds “minor” or is handled in a lower court. Depending on the facts and the applicable statute, a plea that appears to resolve the case with minimal penalties may still trigger a long-term firearm prohibition.

Other misdemeanor charges may also affect gun ownership, depending on state laws and how cases are handled. For example, some states restrict people from possessing firearms after convictions for crimes like:

• Stalking or harassment
• Certain assault or battery offenses (even outside a domestic setting)
• Brandishing, unlawful discharge, or other weapon-related offenses
• Violations tied to protective orders

Keep in mind that a charge is not the same as a conviction. However, the process for a misdemeanor charge can still result in conditions of release, probation terms, or court orders that restrict firearm possession for a period of time.

How Orders of Protection Can Impact Gun Owners

Orders of protection (also called restraining orders or protective orders) can have a major impact on a person’s ability to possess firearms. These orders often arise from allegations involving domestic violence, threats, stalking, or harassment. They are frequently civil orders, but they can be connected to a criminal case.

State rules can be stricter than federal rules. Some states require a person to surrender firearms when certain orders are issued, including temporary protective orders. Others may require surrender only after a permanent order is issued following a hearing. Courts may also set clear deadlines for surrendering firearms to law enforcement or transferring them to a licensed dealer, and failure to comply can put a person at risk of additional criminal charges.

Will a Felony Conviction Bar You From Possessing a Firearm?

Federal law prohibits firearm possession for anyone convicted of a crime punishable by more than one year in prison. This phrasing is important because it refers to the potential maximum penalty, not necessarily the sentence a person actually receives.

Many state felonies meet this definition automatically, but there are exceptions and special classifications in some states. Still, as a broad rule across the United States, a felony conviction is one of the most common reasons that people may lose their firearm rights.

A felony-based prohibition typically applies to:

• Possessing firearms (including handling or storing them in some circumstances)
• Purchasing firearms or ammunition
• Receiving firearms shipped or transferred in commerce
• Possessing ammunition, even if no gun is present

People also sometimes run into trouble with “constructive possession.” For example, if firearms are kept in a shared home, a prosecutor may argue that a prohibited person had access or control, even if the firearms were not theirs. How these situations may be evaluated can vary by jurisdiction and the facts of a case, but the risk is real enough that it should be addressed carefully.

Some states offer pathways to restore firearm rights for individuals with certain convictions, including set-aside procedures, limited expungement, or executive clemency. Federal consequences may not automatically disappear when a state record changes, so it is important to look at the full picture before assuming firearm rights have been restored.

Federal Charges for Unlawful Gun Ownership

When firearm restrictions are in place, violations can result in serious consequences, including federal prosecution. A common example is possession of a firearm by a prohibited person, which can be charged when someone possesses a gun despite being barred from doing so due to a felony conviction, a qualifying domestic violence misdemeanor conviction, or a qualifying protective order. A conviction can carry up to 15 years in federal prison, even for a first offense.

Other federal issues can arise during firearm purchases and transfers. For example:

• False statements during a purchase: Completing a federal background check form and giving incorrect information can be charged as a federal offense.
• Straw purchases: Buying a firearm for someone else who cannot legally buy one can lead to federal charges for the buyer and, in some cases, the recipient.
• Unlawful transfer or sale: Transferring a firearm to a prohibited person can lead to criminal charges.
• Firearms tied to other alleged crimes: If prosecutors claim a firearm was connected to drug trafficking or another offense, the penalties can increase significantly.

Federal cases are handled differently from state cases. They can involve separate agencies, different court procedures, and sentencing rules that differ from what people are used to seeing locally.

Disclaimer: The information provided in this article is for general informational purposes only and should not be considered legal advice. Laws regarding gun ownership and criminal charges can vary by jurisdiction, and individual circumstances may affect the application of these laws. If you are facing charges or have concerns about your gun rights, it is important to consult with a qualified attorney to understand your rights and legal options.