Q: Eligibility to purchase a handgun after felony reduced to misdemeanor.
I was charged with a felony aggravated assault in 2010, but the charge was reduced to a misdemeanor after I completed probation and paid restitution fees. I have no other criminal charges or convictions, am not on probation, and have no pending legal cases. Although I am uncertain if my civil rights have been fully restored, I am able to vote. Am I legally able to purchase a handgun in the United States, and how should I handle questions about my previous conviction during the background check process?
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A:
The reduction of your felony to a misdemeanor is a positive step, but firearm eligibility involves complex federal and state laws. Federal law typically prohibits those with felony convictions from purchasing firearms, but when a felony is reduced to a misdemeanor, your eligibility may be restored depending on several factors. The type of misdemeanor matters too – if it involved domestic violence or carried a potential sentence exceeding two years, you might still be prohibited under federal law.
Your ability to vote suggests some civil rights restoration, which is encouraging. However, different rights (voting, firearms, jury service) are often restored separately and through different processes. State laws vary significantly – some states automatically restore firearm rights when a felony is reduced, while others require additional petitions or have permanent restrictions regardless of reductions.
When completing the ATF Form 4473 during a background check, honesty is crucial – answering untruthfully is itself a felony. You should answer based on your current legal status (misdemeanor, not felony), but consulting with an attorney who focuses on firearms law in your specific state would be your best course of action before attempting any purchase. This attorney could review your case details, confirm your eligibility, and potentially help with any additional restoration processes if needed.
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