After a felony conviction, you lose many rights. But, one right that a convicted felon may want to learn more about is that of their right to carry or own a firearm. There is a federal ban that prohibits felons from possessing or owning a firearm if they are convicted of a felony, but some states have their own rules that may contradict federal law. Before attempting to purchase a firearm, it is imperative you understand the law.
What Massachusetts Law Says
According to Massachusetts law, a convicted felon cannot obtain an LTC Class A Permit or a Firearm Identification Card. A felony is classified by any crime that is punishable by one year or more in a state prison (not jail house). It is important to note that a person can be a convicted felon even if they did not serve one or more years in prison. Reduced sentences can still be classified as a felony.
Other individuals that cannot possess a firearm in Massachusetts include:
- Those convicted of juvenile crimes.
- Those convicted of a misdemeanor domestic violence crime.
- Those confined to a hospital for mental illness or drug/alcohol addiction (unless a physician certifies the person has been cured).
- Those with outstanding warrants.
- Illegal aliens or those under the age of 18.
What About My Second Amendment Rights?
The Second Amendment of the United States Constitution guarantees all U.S. citizens the right to bear arms, but there are certain exceptions and circumstances that can remove this right. If you are a convicted felon, you give up your Second Amendment rights. While there are instances where a person can restore their civil rights even after a felony conviction, these cases are extremely rare. Also, if convicted of a federal felony, the chances of restoring your Second Amendment rights are much less likely.
Can a Spouse of a Convicted Felon Possess a Gun?
While convicted felons cannot possess or own a gun, their spouses can. But, this is a risky situation for any felon (or spouse for that matter) to put themselves in. The law prohibits the non-felon spouse from providing any form of access to the gun; therefore, if it is in the family home where the felon spouse has access, they would be violating the law. Instead, the gun would have to be stored where it could not be considered in the felon’s possession what-so-ever. Sometimes the law will allow a spouse to keep the gun in a safe on the premises as long as they are the only one with access to the key that unlocks that safe.
A felon could be charged with possession even if the gun is not in their name. Therefore, it is best if all firearms are kept outside of the home to avoid additional convictions.
Are You Being Charged with a Felony? Preserve Your Second Amendment Rights Now
Once convicted of a felony, you lose your right to carry or possess a firearm. By having adequate representation during your case, you may be able to avoid losing your right as an American citizen. Keegan Law can assist you with your felony charges. Contact us for a case evaluation by dialing 617-472-1653 or by filling out an online contact form.