Ways You Can Lose Your Firearm Rights (and How to Get Them Back)

Aaron Spuler is a firearms enthusiast and recreational shooter. Follow more or his work at The Weapon Blog

t necessarily set in stone. In fact, owning firearms is more of a privilege, as the right to own, possess, or use guns — even to go to a shooting range or build your own guns — can be taken away for several reasons on both a federal and/or state level.

Laws do vary depending on which state you live in, so research your local regulations if youâ€re concerned about the possibility of losing your Second Amendment rights (or if it has already happened). Read on to discover the most common ways you can lose your firearm rights, as well as solutions on how to restore your gun rights if they have been revoked.

1. A Felony Conviction

A felony conviction is the most common reason why people lose their firearm rights. What many people donâ€t realize is that, in some cases, just being under indictment is enough to lose your rights. Additionally, even a non-violent felony will cost you your gun rights. While the specific details may vary from state to state, being indicted or convicted of a felony is the quickest way to lose your firearms.

2. Illegal Drug Use

The Gun Control Act prohibits drug users from possessing weapons. Of course, drug use varies widely, and it can be difficult to determine the exact level of drug abuse that will lead to the loss of your Second Amendment right to bear arms.

In most cases, two drug-related misdemeanor convictions within 36 months are enough to cost you your firearms. Additionally, if youâ€re caught with both drugs and weapons, you can receive a prison sentence of up to ten years.

3. Illegal Transport of Weapons Across State Lines

The Firearm Owners Protection Act of 1986 (FOPA) does protect your right to transport your guns across state lines. However, each state has its own unique laws, and if you donâ€t follow them, you could lose your right to bear arms.

For example, if youâ€re going to travel across state lines with your guns, they must be unloaded and stored in an area inaccessible to you and your passengers. Additionally, some states have extremely strict gun laws. While youâ€re allowed to transport your guns across state lines, if you spend any time in the state, you could be charged with a felony for possessing illegal weapons.

4. A Dishonorable Discharge from the Military

If you have been discharged from military service under dishonorable conditions, you lose your right to bear arms. If youâ€re caught possessing firearms, you could end up in prison for up to ten years.

5. Renouncing U.S. Citizenship

In the United States, illegal aliens and residents with a non-immigrant visa may not own firearms. Additionally, anyone who has renounced their U.S. citizenship may not own firearms.

6. Mental Instability

You can lose your right to own or use guns if youâ€re considered to be a danger to others. This regulation can apply to people who have been diagnosed with a mental health condition, or it can apply to those with subnormal intelligence.

How to Restore Your Rights

The easiest way to keep your gun rights is not to lose them in the first place. If youâ€re a mentally sound, law-abiding citizen, you shouldnâ€t have to worry. Just follow gun safety rules, local laws, and store your guns properly — you shouldnâ€t run into any problems. However, if your guns have already been seized, you have your work cut out for you.

In most states, you can regain your Second Amendment rights after a certain amount of time but that can be a long wait. You may also need to complete your parole and probation before youâ€re legally allowed to petition the state for restoration of your Second Amendment rights.

If you want to restore your gun rights quickly, the first step is to contact a lawyer. Even if you firmly believe that your rights were taken away illegally, youâ€re going to need a lawyer on your side to fight back. The process can be quite complicated, especially if state laws conflict with federal laws.

Your lawyer will be able to help you with the process of petitioning to have your civil rights restored. In some cases, you may need to apply for a pardon from your Stateâ€s Governor. If your application is accepted, you may also need to go through an interview process to ensure that you are, in fact, safe to own firearms.

Each state has its own unique conditions when it comes to gun restoration. In most cases, you will need to have your record expunged if you want to regain your Second Amendment rights. Of course, getting your record expunged on your own is no easy task. Find a local lawyer who specializes in gun restoration, and theyâ€ll be able to provide guidance specific to your situation.

In some cases, restoring your guns may require that you prove that your fit to be a gun owner. For example, you may need to speak to a mental health professional, who may be able to clear you as a safe individual. Or, if youâ€ve used drugs in the past, you may need to prove that youâ€ve overcome your addiction.

Get Started Now

The unfortunate truth is that restoring your Second Amendment rights is rarely an easy process. It can take a significant amount of time and effort even if you firmly believe that you should be allowed to own firearms. The first step is always contacting a lawyer. Your lawyer will be able to provide unbiased information so you can decide if jumping the legal hurdles is worth it.

Losing your gun rights can be extremely frustrating. Try to remember that the laws do exist for a reason, even if you feel theyâ€ve been applied to you unjustly. Navigating the path to gun restoration can be difficult, so donâ€t do it alone. Get in touch with a reputable lawyer who specializes in gun restoration. Thatâ€s the first step to becoming a legal gun owner once again.

Author Bio:

Jordan McDowell is a writer and second amendment rights advocate. As a proud advocate for responsible gun rights nationwide, he writes about recreational hunting as well as the latest developments in state and national legislation.