Expert: Robert P. Firriolo - 12/7/2009

Question
I've read that Federal Firearms laws prohibit persons from owning firearms for crimes punishable by imprisonment for over one year.  Does this include misdomeanors?

Answer
The short answer is, "Maybe." Some misdemeanors in some states have terms of imprisonment for over one year. However, not all such misdemeanors bar one from possessing firearms, such as certain business and white collar crimes, and state misdemeanors (other than domestic violence) punishable by less than 2 years in prison.

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.

Some misdemeanors are punishable by a term of imprisonment of more than one year, and they would make one a prohibited person unless those crimes fall within the following exceptions in 18 U.S.C. 921 (a)(20):

The term "crime punishable by imprisonment for a term exceeding one year" does not include

(A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses relating to the regulation of business practices, or

(B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of imprisonment of two years or less.

What constitutes a conviction of such a crime shall be determined in accordance with the law of the jurisdiction in which the proceedings were held. Any conviction which has been expunged, or set aside or for which a person has been pardoned or has had civil rights restored shall not be considered a conviction for purposes of this chapter, unless such pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms.