Expert: Robert P. Firriolo - 10/22/2010

Question
Hi. 15 years ago I was convicted of receiving stolen property. It was a misdameanor but carried a 2 year maximum. 3 years after the conviction I purchased a handgun legally.  Recently I went to purchase another and was told I could not because of the conviction. They told me it was different now because of a different check system. Am i legally allowed to have my handgun, rifle and shotguns i own now?

Answer
A "prohibited person" may not possess or receive firearms or ammunition. 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.

However, the term "crime punishable by imprisonment for a term exceeding one year ... does not include 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." See 18 U.S.C. 921(a)(20)(B).

So, even if one was convicted of a misdemeanor with a two-year maximum, that does not make one prohibited from possessing firearms under federal law.

The National Instant Criminal Background Check System, or NICS, was launched by the FBI on November 30, 1998., NICS is used by Federal Firearms Licensees to instantly determine whether a prospective buyer is eligible to buy firearms or explosives.

While NICS records are continually being updated, the criteria for firearms purchase has not materially changed over the last 12 years. If somebody legally purchased a firearm 12 years ago and he or she has no new grounds to be prohibited, then that person may also purchase a firearm today.