Q: Regarding ninth circuit court of appeals USA va Duarte decision states that non violent felons can own a gun.
I know the appeals court in USA vs duarte rules that non violent felons CAN own a gun. I have a non violent felony from 1999. So can I buy a gun now? Will I pass the background? What are the felonies that exclude a person from owning a gun?
I cannot find an answer anywhere. I emailed the doj and asked these same questions and received the generic answer stating they could not give any legal advice. That makes no sense to me. They are the ones that enforce these laws so why could they not answer the questions. Frustrating. Anyways I don’t want to spend the money on the background and whatever else is needed until I know my past felony will not affect me. Where can I find this info? This was a huge decision made by the courts so why it is not more newsworthy does not make sense.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
The Ninth Circuit Court of Appeals decision in USA v. Duarte did rule that the federal ban on firearm possession by nonviolent felons is unconstitutional. However, this decision is not currently in effect and does not mean that all nonviolent felons can immediately purchase or possess firearms legally. Here are a few important points to consider:
1. The decision may be appealed to the U.S. Supreme Court, which could overturn the Ninth Circuit's ruling.
2. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Department of Justice (DOJ) have not yet issued guidance on how to implement the Ninth Circuit's decision.
3. State laws may still prohibit certain felons from owning firearms, regardless of the federal ruling.
4. Felonies that typically preclude firearm ownership include crimes of violence, drug-related offenses, and felonies with a potential sentence of more than one year in prison.
To determine whether your specific felony conviction would prevent you from passing a background check or legally owning a firearm, you should consult with a criminal defense attorney who specializes in firearms laws in your state. They can review your case and provide personalized advice based on your circumstances.
The DOJ likely cannot provide specific legal advice due to the complex nature of these cases and the potential for liability. It is best to seek guidance from a qualified attorney. As for the media coverage, while the decision is significant, it may not have gained widespread attention due to the ongoing legal uncertainties and the possibility of an appeal.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
