How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask P. Simmons Your Own Question
P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 34714
Experience:  16 yrs. of experience including criminal law.
Type Your Criminal Law Question Here...
P. Simmons is online now
A new question is answered every 9 seconds

I have a felony non-violent conviction in Montana in 1980.

Resolved Question:

I have a felony non-violent conviction in Montana in 1980. I subsequently had an early discharge, have no other felonies, and live in New Mexico. Am I eligible for for gun ownership?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
Under federal law, if you have been convicted of a felony in any state or in federal court, you are prohibited from owning a firearm.

   Federal law exempts antique firearms from all gun controls. Title 18, U.S. Code, Section 921(a)(16) defines antique firearms as all guns made prior to 1899 as well as all muzzleloaders made anytime, and replicas of pre-1899 cartridge firing guns made anytime, provided that such replica uses cartridges "not readily available in the ordinary channels of commercial trade." (Note: Cartridge firing machine guns and short-barreled shotguns are still illegal regardless of when made, under Section 5861 of the IRS Code, Title 26, U.S. Code.)

If you want to restore your rights to own all firearms, you need to apply to have your conviction expunged or erased.

Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the green accept button, its the only way I get credit for my work.

P. Simmons and 4 other Criminal Law Specialists are ready to help you