Expert: Robert P. Firriolo - 1/23/2008

Question
QUESTION: I am a resident of Indiana and pleaded guilty to a felony on a STATE charge. Under Indiana law, my felony conviction would still allow me to possess a firearm. Our state (Indiana) has a dangerous felony list in which one would not be able to possess. Since I am not prohibited in Indiana, does my felony carry over to the national level of being a convicted felon, or does that apply to federal felony charges?

ANSWER: Federal law considers one a "prohibited person" if he or she has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year. The same is true for one who has been convicted of a misdemeanor crime of domestic violence. See 18 U.S.C. 922(g) and (n), and 27 CFR 478.32 for the full text of the law and associated regulation. A prohibited person may not possess or receive firearms or ammunition.

For federal law purposes, it does not matter whether the law under which you were convicted makes you a prohibited person under that state's law. As you can see, the federal classification is based on whether the crime (state or federal) was punishable by a term of more than one year (or was a domestic violence misdemeanor, which is also not likely to appear on your state's list of dangerous felonies). If your crime was punishable by a term of more than one year, then you are a prohibited person under federal law.

---------- FOLLOW-UP ----------

QUESTION: Thanks for the response. What if the plea was a felony charge with misdemeanor sentencing (which was 1 year or less)? Is it still the fact that the conviction is a felony and the reduction to misdemeanor sentence is merely the courts discretion in sentencing?
Thanks

Answer
I believe the answer is that it does not matter what the sentence was. If you pled guilty to (and were thus convicted of) a crime for which you could have been imprisoned for more than one year, you are a prohibited person under federal law. Even if you had been only sentenced to probation, as long as statute under which you were convicted provided for a penalty in excess of one year in prison, you would be prohibited.