Convicted of a Violent Felony for Unregistered Gun Possession in Nyc. Will I Ever Get Work Again

Our laws contain notable gaps that allow individuals who have demonstrated a meaning risk of violence to possess firearms.

Background check laws are crucial to protecting public health and safety by preventing people from acquiring firearms when they have a meaning history of harming themselves or others or are otherwise at elevated risk of violence. Under federal law, meeting certain criteria, such every bit criminal convictions and court orders, can prohibit individuals from passing a groundwork cheque. State laws may also constitute additional, stronger eligibility standards.

Background

Federal police establishes a baseline national standard regarding individuals' eligibility to learn and possess firearms. Under federal law, a person is by and large prohibited from acquiring or possessing firearms if, amid other things, they have been convicted of certain crimes or become subject to certain court orders related to domestic violence or a serious mental condition. The FBI's NICS background cheque system helps to ensure that people subject to these restrictions cannot laissez passer a background check to obtain a firearm—at to the lowest degree in circumstances when a groundwork check is legally required and relevant records have been properly submitted to the background check organization.

i/2

intimate partner homicides by dating partners

Dating partners commit over one-half of all intimate partner homicides. States that prevent abusive dating partners from owning guns have sixteen% fewer intimate partner gun homicides.

Source

A. M. Zeoli, et al., "Analysis of the Strength of Legal Firearms Restrictions for Perpetrators of Domestic Violence and Their Associations With Intimate Partner Homicide," American Periodical of Epidemiology 187, no. 11 (2018): 2365–2371.

Since the effective engagement of the Brady Act in 1994, background checks take blocked over 3.v million attempted gun sales, transfers, or firearm permit applications to individuals who could not legally access a firearm, while still approving 98.5% of firearm background check inquiries.¹

However, federal police merely provides a floor, and has notable gaps that allow some individuals who take demonstrated significant hazard factors for future violence or self-impairment to legally acquire and possess guns.

State laws have an important function to play in keeping this system running smoothly and efficiently. In 2012, the FBI began accepting records identifying people who are prohibited from acquiring or possessing firearms under country, as well as federal, constabulary into the FBI databases used for firearm background checks. This means that federally mandated background checks conducted past licensed firearms dealers may at present cake firearm sales to individuals who are ineligible to acquire firearms under either federal constabulary or the laws of their state.²

States may also enact laws mirroring federal firearm restrictions in society to allow state law enforcement, prosecutors, and courts to enforce those requirements instead of relying on more than limited federal enforcement capacity alone. At that place is, nonetheless, pregnant variation amidst different states' firearm eligibility standards, equally discussed in more detail below.

Summary of Federal Law

Federal law establishes a baseline national standard regarding the criteria that make people ineligible to acquire and possess firearms. The federal Gun Control Human activity of 1968, codified at 18 U.S.C. § 922, by and large prohibits the auction to, and possession of firearms by, a person who:

• Has been convicted of, or is nether indictment for:
  • A federal crime punishable by imprisonment for more than than one year (typically a felony, however, federal or state offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or other like offenses relating to the regulation of business practices are exempt.^three)
  • A state offense that is not classified as a misdemeanor and is punishable by imprisonment for more than ane twelvemonth
  • A state crime that is classified equally a misdemeanor under state law and is punishable by more than than two years imprisonment⁴
• Is a fugitive from justice⁵
• Is "an unlawful user of or fond to any controlled substance"⁶
  • Though sure states have legalized the use of medical and recreational marijuana, information technology remains illegal under federal law. Therefore, ATF considers people who utilize marijuana legally under land law unlawful users of a controlled substance.^seven
• Is underage (For additional information about federal age restrictions for the purchase and possession of firearms, see our page on the Minimum Age to Purchase and Possess Firearms.)
• Has been constitute by a court, lath, commission, or other lawful authorization to be a danger to self or others, or to "lack[] the mental capacity to contract or manage [their] ain affairs," as a outcome of their mental condition or disease (This prohibition likewise expressly applies when a person has been constitute incompetent to stand trial or not guilty of a crime due to mental incapacity)⁸
• Has been involuntarily hospitalized or committed to a mental health or substance abuse treatment facility by a court, board, commission, or other lawful authority. (This prohibition does not apply when a person is admitted for treatment voluntarily or when a person is merely hospitalized for short-term observation without longer-term commitment or court-ordered treatment.)⁹
• Is unlawfully in the United states or has been admitted to the Usa under a nonimmigrant visa
• Has been dishonorably discharged from the US Armed services
• Has renounced their United states of america citizenship
• Is subject to an agile court order restraining them from harassing, stalking or threatening an intimate partner, their child, or a child of a partner, or from engaging in other carry that would place an intimate partner in reasonable fright of bodily injury to the partner or child
• Has been convicted of a misdemeanor offense of domestic violence¹⁰ (For more detailed data on firearm restrictions—and gaps—related to domestic violence, run into our summary on Domestic Violence and Firearms).

Summary of State Police force

Some states have enacted stronger eligibility standards than federal law past placing additional limitations on firearm access based on criteria that have been associated with elevated run a risk of violence or self-harm. Equally discussed in a higher place, the FBI background check system has, since 2012, blocked firearm sales, transfers, and permits to individuals who are prohibited from accessing firearms nether state as well every bit federal law (although the background cheque system is only as effective as the records reported into the system past each state). Most states have also enacted laws to incorporate at to the lowest degree some federal firearm prohibitions into their state laws.

Felony and Misdemeanor Convictions

All states except Vermont mostly restrict firearm access after a person has been convicted of a felony, mirroring federal police force in this surface area, which mostly prohibits firearm access afterward an individual has been convicted of a crime punishable by more than than 1 year in prison. (Vermont prohibits firearm possession after a person has been convicted of "a fierce crime," which includes crimes similar murder, stalking, and domestic assault, but not other felonies).^eleven Most state laws mirror federal law in this area past by and large prohibiting firearm access after a person has been bedevilled of a law-breaking punishable by more than than one year in prison house.

Many states also prohibit firearm access after a person has been convicted of sure other misdemeanor offenses, often including broader categories of violent or firearm-related crimes.

• New York, for instance, prohibits firearm access subsequently a person has been convicted of specified felonies and other crimes defined equally "serious offenses" under state law, including child endangerment, certain hell-raising conduct crimes, and certain stalking offenses.
• California, Colorado, and Connecticut prohibit firearm access for a minimum flow afterward a person has been convicted of specified misdemeanors involving violence or misuse of firearms. In 2017, for case, California enacted legislation prohibiting people bedevilled of misdemeanor hate crimes from accessing guns for ten years.¹²
• Illinois prohibits firearm access after a person has been convicted of felony or misdemeanor convictions within the previous 5 years for battery, set on, aggravated assail, or violation of an order of protection in which a firearm was used or possessed.
• New Jersey generally prohibits firearm access later on a person has been convicted of an criminal offense punishable by more than six months imprisonment.

Critically, many, though not all, states too mirror or expand upon federal police force's firearm prohibitions related to domestic violence-related convictions and court orders.

Stalking-Related Offenses and Restraining Orders

Stalking is a strong predictor of time to come violence. Some stalking situations involve intimate partners or former partners, while other stalking behaviors are engaged in past people unknown to the victims. Ane study of female person murder victims in x cities plant that 76% of women murdered and 85% who survived a murder attempt past a electric current or sometime intimate partner had been victims of stalking by that private in the twelvemonth preceding the murder or attempted murder. Under electric current federal law, individuals convicted of felony stalking offenses are prohibited from accessing guns. But individuals convicted of misdemeanor stalking offenses are not prohibited from accessing guns if the stalking offense did not occur in the context of a domestic relationship. The post-obit states prohibit firearm access afterward a person has been convicted of a stalking crime from purchasing or possessing guns.

California^thirteen

Colorado (called "harassment" as a misdemeanor)^fourteen

Connecticut¹⁵

Hawaii¹⁶

Minnesota¹⁷

New York¹⁸

N Dakota¹⁹

Oregon^xx

Pennsylvania²¹

Rhode Isle²²

V states also prohibit firearm access by specifically preventing people subject to stalking-related restraining orders from possessing guns.

California²³

Nebraska²⁴

Virginia²⁵

W Virginia²⁶

Wisconsin²⁷

In some states, extreme risk protection orders (ERPOs) may also provide a remedy for temporarily removing firearms from someone engaging in stalking or harassing behaviors.²⁸

Court Orders and Adjudications Related to Serious Mental Conditions

Subject to very few exceptions,²⁹ federal and state laws do not prohibit firearm access based on a mental wellness diagnosis alone. Instead, 34 states and the District of Columbia take laws that restrict firearm access if a court or other authority has made a determination that a person's mental condition is either serious enough to require involuntary mental health treatment or hospitalization, or to render the person significantly cognitively impaired and/or at significant run a risk of harming themselves or others with a firearm.

Near states' laws in this surface area are broadly similar to federal police,^xxx though several states have enacted broader firearm restrictions. For example, dissimilar federal law, the following states prohibit firearm access for specified fourth dimension periods after a person has been voluntarily hospitalized at a mental health treatment facility:

• Connecticut (for six months)
• Illinois (until the person receives certification that they are not a danger to themselves or others)
• Maryland (until receiving "relief" from the firearm disqualification)
• District of Columbia (for v years)
• Florida (Florida enacted a law in 2013 that prohibits people from possessing firearms if a judge or magistrate has classified them as a danger to self or others based on the fact that they were voluntarily committed, if an examining physician certified that a petition for involuntary delivery would have been filed if the person had not consented to treatment)³¹

Several other states as well take broader mental wellness-related firearm restrictions than federal law. For case:

• California law prohibits firearm access in a variety of circumstances relating to serious mental weather condition, including circumstances where a person has communicated a serious threat of violence against an identifiable private to a licensed psychotherapist within the terminal five years.
• Illinois prohibits firearm access in a variety of circumstances related to serious mental conditions, including after a person has been hospitalized in a psychiatric facility, has been found to be mentally or developmentally disabled, or has been institute to be dumb past a mental status "of such a nature that it poses a clear and present danger to the applicant, any other person or persons or the community."³²
• Maryland law prohibits firearm access past a person who is suffering from a mental status and has a history of fierce behavior confronting others, unless they have received a certification from the Maryland Wellness Department restoring their firearm eligibility.
• Hawaii is one of the few states that has a law prohibiting firearm access based on a diagnosis alone. Land police prohibits firearm possession by a person who is or has been diagnosed equally having a "significant behavioral, emotional, or mental disorder," until they are no longer affected by the condition.³³

Additional information about laws pertaining to submission of records to firearm groundwork check systems or the availability of mental wellness records for background checks is contained in our summary on Mental Wellness Reporting.

Drug and Booze Addiction and Offenses

Federal law prohibits firearm access by individuals who are "unlawful users of or addicted to a controlled substance." Xx-eight states and the Commune of Columbia as well restrict firearm access by individuals grappling with substance corruption disorders, those who take been convicted of certain drug-related crimes, and/or people nether the agile influence of controlled substances from purchasing or possessing firearms. Additionally, twenty states and the District of Columbia prohibit people grappling with alcohol abuse disorders, those who have been convicted of booze-abuse-related crimes, and/or people under the active influence of booze, from purchasing or possessing firearms.

Juvenile Offenses

20-7 states prohibit individuals from accessing firearms for a temporary period later on they take been adjudicated or convicted of certain offenses as juveniles.

State Laws Restricting Access to Firearms

State	Violent or Gun-Related Misdemeanors	Serious Mental Status34	Drug Abuse35	Alcohol Abuse	Juvenile Offenses
Alabama36	Yes	Yes	Handguns*	Handguns
Alaska37			Yes	Yep	Yes
Arizona38		Yes			Yep
Arkansas39		Yes
California40	Yes	Yes	Yeah	Yes	Aye
Colorado41	Yes				Yep
Connecticut42	Aye	Yes			Yes
Delaware43	Yes	Yes	Yeah	Handguns *	Yes
DC44	Yes	Yes	Yes	Yes
Florida45	Yes	Yes	Yes		Yes
Georgia46
Hawaii47	Yes	Yes	Yes	Aye	Yep
Idaho48
Illinois49	Yes	Yes	Yes		Yeah
Indiana50	Yes			Handguns*	Yes
Iowa 51	Yeah			Handguns*	Yes
Kansas 52		Aye	Yep	Yes	Yes
Kentucky 53					Yeah
Louisiana 54
Maine 55	Yes	Yes	Yes		Aye
Maryland 56	Yes	Yes	Yeah	Yes	Aye
Massachusetts57	Yep	Yes	Yes	Yes	Yes
Michigan 58		Handguns*
Minnesota 59	Yes	Yes	Yes		Yes
Mississippi sixty				Handguns*
Missouri 61		Yes	Yes	Yes
Montana 62
Nebraska 63	Yes				Yep
Nevada 64		Yes	Yes
New Hampshire65
New Bailiwick of jersey 66	Yes	Yes	Aye	Aye	Aye
New Mexico 67
New York 68	Yes	Yes	Yes
Northward Carolina 69		Handguns*	Handguns*
North Dakota70	Yep	Yeah			Yeah
Ohio 71		Aye	Yes	Yeah	Yes
Oklahoma 72		Yes	Aye	Yes	Yes
Oregon 73	Yes	Yes			Yes
Pennsylvania 74	Yes	Yep	Yes	Yep	Yes
Rhode Isle 75		Aye	Yeah
South Carolina 76		Yes	Handguns*	Handguns*
South Dakota 77	Yes
Tennessee 78	Yes	Yes	Yep	Yeah
Texas 79	Yes		Yes	Yes
Utah 80		Yes	Yes		Yes
Vermont 81	Yeah
Virginia 82		Yes	Handguns*		Yes
Washington 83	Yes	Yes			Yes
W Virginia 84	Yep	Yeah	Yep	Yes
Wisconsin 85		Yes	Yes	Yes	Yes
Wyoming 86		Yeah 87

* States that are marked "handguns" but prohibit people in these categories from purchasing or possessing handguns. These people may still legally purchase and possess rifles and shotguns.

Become THE FACTS

Gun violence is a circuitous problem, and while at that place's no ane-size-fits-all solution, we must act. Our reports bring you the latest cutting-edge inquiry and assay about strategies to stop our state'south gun violence crisis at every level.

Learn More than

Disarming People who Get Prohibited from Accessing Firearms

Federal law does not provide a standard process to ensure that individuals who accept become prohibited from possessing firearms actually relinquish them. Most states expressly authorize police force enforcement to remove firearms when they are discovered in the possession of a person who is prohibited from possessing them. All the same, just a few states have a more proactive procedure in place to ensure that individuals lawfully relinquish their firearms afterwards becoming prohibited from possessing them. For more than information about this topic, run across our page on Firearm Relinquishment.

Risk-Based Removal Laws

In addition, several states have enacted laws, generally referred to as farthermost risk protection orders, which allow law enforcement officers or family or household members to petition a court for an lodge to have firearms temporarily removed from an private who poses a significant chance of harm to self or others. For more than information on this type of law, run into our summary on Farthermost Risk Protection Orders.

Key Legislative Elements

The features listed below are intended to provide a framework from which policy options may be considered. A jurisdiction considering new legislation should consult with counsel.

• At a minimum, firearm eligibility standards are at to the lowest degree as extensive as federal law, to allow state and local resources to help in implementation and enforcement.
• Access to firearms is restricted for at least a temporary period after a person has been bedevilled of violent, firearm-related, and other serious felonies and misdemeanors, including domestic violence offenses and hate crimes.
• Access to firearms is restricted afterwards a person has been found to pose a significant risk of harm to themselves or others, including when individuals have been found to exist severely cognitively dumb as a issue of their mental condition or ordered to receive mental wellness treatment.
• A procedure exists to allow constabulary enforcement officials and a person's family or household members to petition courts for an farthermost risk protection club, which temporarily suspends a person'south access to firearms if a courtroom has determined they pose a significant risk of harming themselves or others.
• Access to firearms is restricted for people discipline to domestic violence restraining orders and other civil and criminal courtroom orders issued for the protection of named parties or the public from acts of violence, including orders protecting witnesses against threats and intimidation.⁸⁸
• Access to at to the lowest degree some firearms is restricted for people under the historic period of 21.⁸⁹
• Selling or transferring a firearm to a person who is ineligible to possess firearms is unlawful.⁹⁰
• A state agency identifies individuals who have become ineligible to possess firearms and state police force provides standard procedures to verify that such individuals have relinquished whatever firearms in their possession.

Farthermost Risk Protection Orders

Farthermost adventure protection orders provide a proactive way to temporarily restrict a person showing clear warning signs of violence from accessing firearms.

Domestic Violence & Firearms

Laws that forbid people with meaning histories of domestic violence and abuse from accessing firearms are vital to ensuring victims' rubber.

Minimum Age

Minimum historic period laws prevent young people and those around them from falling prey to preventable gun violence and suicide.

1. "Since the constructive date of the Brady Human action on Feb 28, 1994, through December, 2017, nearly 233 million applications for firearm transfers or permits were subject to groundwork checks and 3.5 1000000 applications (1.v%) were denied." Connor Brooks, et al., "Background Checks for Firearm Transfers, 2016-2017, Agency of Justice Statistics Message v" U.S. Department of Justice: Agency of Justice Statistics,  February. 2021, at https://bjs.ojp.gov/library/publications/background-checks-firearm-transfers-2016-2017 .[↩]
2. Criminal Justice Information Services Division of the Federal Bureau of Investigation, U.Due south. Department of Justice, National Instant Criminal Background Check System (NICS) Operations 2012, http://www.fbi.gov/about-us/cjis/nics/reports/2012-operations-study.[↩]
3. U.South.C. 921(a)(20)(A).[↩]
4. Federal law prohibits firearm admission by people who have been bedevilled of, or who are under indictment for, a "criminal offense punishable by imprisonment for a term exceeding one year." Somewhat confusingly, withal, federal law's definition of this term expressly does not include: 1) whatever federal or land offenses pertaining to antitrust violations, unfair merchandise practices, restraints of trade, or other similar offenses relating to the regulation of business organisation practices, or 2) any State offense classified by the laws of the state equally a misdemeanor and punishable by a term of imprisonment of two years or less. 18 United states of americaC. § 921(a)(twenty). The term also does not employ in certain situations where a person has had their eligibility to possess firearms restored by a court or other authority. Id.[↩]
5. This term is divers in federal law as "any person who has fled from any State to avoid prosecution for a crime or to avoid giving testimony in any criminal proceeding." Under federal regulations, the term also includes "whatsoever person who knows that misdemeanor or felony charges are pending confronting [them] and who leaves the Country of prosecution." eighteen USC § 922(y)(1); 27 CFR § 478.11.[↩]
6. Federal regulation defines this term, in role, to mean:
   "A person who uses a controlled substance and has lost the power of cocky-control with reference to the utilize of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician. . . An inference of current use may be drawn from evidence of a recent use or possession of a controlled substance or a pattern of use or possession that reasonably covers the present time, due east.g., a conviction for employ or possession of a controlled substance inside the by year; multiple arrests for such offenses within the past 5 years if the most recent arrest occurred within the past twelvemonth; or persons institute through a drug exam to use a controlled substance unlawfully, provided that the test was administered within the past year." 27 C.F.R. § 478.11.[↩]
7. Run into Wilson v. Lynch, 835 F.3d 1083 (ninth Cir. 2016); Arthur Herbert, "Open Letter to all Federal Firearms Licensees," Bureau of Alcohol, Tobacco, Firearms and Explosives, September 21, 2011, https://world wide web.atf.gov/firearms/docs/open-letter/all-ffls-sept2011-open-letter-marijuana-medicinal-purposes/download.[↩]
8. Federal law, enacted in 1968, yet uses archaic and offensive terminology to prohibit firearm access past people who accept been "adjudicated equally a mental defective."
   Federal regulations define that term to mean:
   (a) A determination past a court, board, commission, or other lawful authority that a person, as a consequence of marked subnormal intelligence, or mental illness, incompetency, status, or disease
   (one) Is a danger to himself or to others; or
   (2) Lacks the mental capacity to contract or manage his own affairs.Federal regulation besides expressly clarifies that this firearm prohibition applies to:
   (ane) A finding of insanity by a court in a criminal case; and
   (2) Those persons found incompetent to stand trial or found non guilty past reason of lack of mental responsibility pursuant to [specified manufactures] of the Compatible Lawmaking of Armed forces Justice. 27 CFR § 478.11.[↩]
9. Federal law generally prohibits firearm access by people who accept previously been "committed to a mental institution." Federal regulations define this term as:
   "A formal delivery of a person to a mental institution by a courtroom, board, commission, or other lawful authority. The term includes a commitment to a mental institution involuntarily. The term includes delivery for mental defectiveness or mental disease. It also includes commitments for other reasons, such as for drug use. The term does non include a person in a mental institution for ascertainment or a voluntary access to a mental institution." 27 C.F.R. § 478.11.[↩]
10. 18 U.s.a.C. § 922(b)(1), (d), (x)(1).[↩]
11. thirteen 5.S.A. §§ 4017, 5301.[↩]
12. 2017 Ca. AB 785; Cal Pen Code § 29805.[↩]
13. Cal. Penal Lawmaking §§ 29805, 646.9[↩]
14. Colo. Rev. Stat. § 24-33.5-424(3)(b.iii)(vii).[↩]
15. Conn. Gen. Stat. § 53a-217, 53a-181d.[↩]
16. Haw. Rev. Stat. Ann. § 134-1, 134-7(b).[↩]
17. Minn. Stat. § 609.749, subd. 8(a)-(c). This prohibition lasts for 3 years, only tin can be increased to last upward to the respondent's lifetime if a firearm was used during commission of the stalking.[↩]
18. N.Y. Penal Law §§ 265.00(17)(b), 265.01(4), 120.45, 120.50. This prohibition applies only to long guns. Even so Due north.Y. Penal Law §§ 400.00(1) prohibits the issuance of a license to deport handguns to individuals bedevilled of these stalking offenses, finer prohibiting them from possessing handguns equally well.[↩]
19. Northward.D. Cent. Code § 62.1-02-01(b), 12.1-17-07.1. Required but if a stalking misdemeanor was committed with a unsafe weapon; the prohibition lasts for five years.[↩]
20. Or. Rev. Stat. § 166.255(1)(c), 163.732.[↩]
21. xviii Pa. Cons. Stat. Ann. § 6105(b), 2709.one[↩]
22. R.I. Gen. Laws §§ xi-47-5(a)(iv)(ii), xi-52-iv.2. Applies only to cyberstalking offenses).[↩]
23. Cal. Penal Lawmaking § 646.91(c)(4)(B).[↩]
24. R.R.S. Nib. § 28-311.09, 28-1206. This is a harassment protective order. Nevertheless, Nebraska's clarification of stalking includes harassment equally an integral component: "Any person who willfully harasses another person or a family or household member of such person with the intent to hurt, terrify, threaten, or intimidate commits the criminal offence of stalking. R.R.Southward. Neb. § 28-311.03.[↩]
25. Va. Code Ann. § xviii.2-308.1:four, 18.two – 60.3. This protective order is issued when the respondent is bedevilled of stalking.[↩]
26. Due west. Va. Code § 53-8-7(a)(2)(A)(ii), (d)(1)(F), 53-8-4(a)(2), 61-2-9a. Authorized if: a weapon was used or threatened to exist used in the commission of the offense predicating the petitioning for the order, the respondent has violated whatever prior society every bit specified nether this article, or the respondent has been bedevilled of an law-breaking involving the use of a firearm.[↩]
27. Wis. Stat. § 813.125(4)(a)(2), 940.32. This is a Harassment protection gild. Wisconsin's definition of harassment includes stalking: Wis. Stat. § 813.125(1)(am)(1).[↩]
28. For example, come across Florida, Fla. Stat. § 790.401(3)(b), (c)(10); (4)(c) where stalking can be a justification for seeking an ERPO.[↩]
29. Hawaii is an exception, as the land prohibits firearm access by anyone who has been diagnosed with a "significant behavioral, emotional, or mental disorder," until they are no longer affected past the condition. Haw. Rev. Stat. Ann. § 134-7(c)(3).[↩]
30. 18 U.S.C. § 922.[↩]
31. 2013 Fla. HB 1355 (Approved by the Governor June 28, 2013), alteration Fla. Stat. § 790.065.[↩]
32. The phrase "articulate and present danger" is defined to include any person determined by one of a group of designated mental health professionals, schoolhouse administrators, or law enforcement officers to pose a clear and imminent risk of serious concrete injury to self or another, or to demonstrate threatening physical or verbal behavior.[↩]
33. Haw. Rev. Stat. Ann. § 134-7(c)(3).[↩]
34. This list does not include states that simply prohibit individuals from accessing firearms if they have been found not guilty by reason of insanity or incompetent to stand trial in a criminal case..[↩]
35. A "Yes" is given below for any land that restricts firearm access based on recent utilise or abuse of controlled substances, or drug-related misdemeanor convictions. A "Yes" is not given to states, such every bit S Dakota and Washington, that only prohibit firearm access in the drug-related context when individuals have been bedevilled of a drug-related felony since felony convictions are generally firearm-prohibiting under federal police and the laws of nearly states.[↩]
36. Ala. Code § 13A-eleven-72.[↩]
37. Alaska Stat. § 11.61.200.[↩]
38. Ariz. Rev. Stat.   §§ 13-904(A)(5), (H), 13-3101(A)(7), 13-3102(A)(4), xiii-3113.[↩]
39. Ark. Lawmaking §§ five-73-103, 5-73-132.[↩]
40. Cal. Penal Code §§ 23515, 29800-30010; Cal. Welf. & Inst. Code §§ 8100, 8101, 8103, 8105.[↩]
41. Colo. Rev. Stat § 18-12-108; 24-33.5-424(3) (b.3).[↩]
42. Conn. Gen. Stat. §§ 29-36k, 29-36n, 29-38c,   53a-217, 53a-217c.[↩]
43. Del. Code tit. 11, § 1448, tit. 24, § 903.[↩]
44. D.C. Code §§ 7-2502.02 – 7-2502.03, seven-2502.08,   22-4503.[↩]
45. Fla. Stat. §§ 790.23, 790.233, 790.235, 790.065, 394.463(ii)(d).[↩]
46. Ga. Code §§ 16-11-131.[↩]
47. Haw. Rev. Stat. § 134-7.[↩]
48. Idaho Code § 18-3316.[↩]
49. 405 Sick. Comp. Stat. 5/i-116, 405 Sick. Comp. Stat v/6-103.i – 6-103.3, 430 Ill.   Comp. Stat. 65/1.1, ii, 4, 8 –   8.2, nine – 9.five.[↩]
50. Ind. Lawmaking §§ 35-47-2-7, 35-47-4-1, 35-47-4-5,   35-47-4-vi, 35-47-14-1 – 35-47-14-9, 35-47-iv-nine.[↩]
51. Iowa Code §§ 724.15(2)(due east), 724.26.[↩]
52. Kan. Stat. §§ 21-6301(a)(10), (13), 21-6304.[↩]
53. Ky. Rev. Stat. §§ 237.070, 527.040.[↩]
54. La. Rev. Stat. § xiv:95.1.[↩]
55. Me. Rev. Stat. tit. xv, § 393.[↩]
56. Md. Code Ann., Pub. Safety §§ 5-101, 5-133,   5-133.3, 5-205, 5-206.[↩]
57. Mass. Gen. Laws ch. 140, §§ 129B, 129C, 129D, 131, 131E, 131F.[↩]
58. Mich. Comp. Laws §§ 28.422, 28.426, 750.224f.[↩]
59. Minn. Stat. §§ 518B.01, 609.224, 609.2242, 609.749, 624.713, 624.719.[↩]
60. Miss. Code §§ 97-37-v, 97-37-13.[↩]
61. Mo. Rev. Stat. § 571.070.[↩]
62. Mont. Lawmaking §§ 45-8-313.[↩]
63. Neb. Rev. Stat. § 28-1206, 28-1204.05..[↩]
64. Nev. Rev. Stat. § 202.360.[↩]
65. N.H. Rev. Stat. §§ 159:3, 173-B:5.[↩]
66. N.J. Stat. §§ 2C:1-four, 2C:39-vii, 2C:58-3.[↩]
67. Northward.Yard. Stat. § 30-7-16.[↩]
68. N.Y. Penal Law §§ 265.00, 265.01, 400.00; N.Y. Crim. Proc. Police §§ 330.20, 380.96; N.Y. Mental Hygiene Law § 9.46.[↩]
69. N.C. Gen. Stat. §§ 14-402, 14-404,   14-415.1, 14-415.3, 14-269.8.[↩]
70. Due north.D. Cent. Code § 62.1-02-01.[↩]
71. Ohio Rev. Lawmaking § 2923.13.[↩]
72. Okla. Stat. tit. 21, §§ 1283, 1289.x, 1289.12.[↩]
73. Or. Rev. Stat. §§ 166.250(ane)(c), 166.270,   166.470.[↩]
74. eighteen Pa. Cons. Stat. § 6105.[↩]
75. R.I. Gen. Laws §§ 11-47-five, 11-47-six,   eleven-47-7.[↩]
76. Due south.C. Code §§ 16-23-30, 23-31-1040.[↩]
77. S.D. Codified Laws §§ 22-fourteen-15, 22-xiv-xv.one,   22-14-fifteen.2.[↩]
78. Tenn. Code §§ 39-17-1307, 39-17-1316, 39-17-1321.[↩]
79. Tex. Penal Code §§ 46.04, 46.06(a)(3), Tex. Health and Condom Lawmaking § 573.001, Tex. Crim. Proc. Code Art. 18.191.[↩]
80. Utah Lawmaking § 76-10-503(i)-(three).[↩]
81. Vt. Stat. Ann. tit. 13, § 4017.[↩]
82. Va.   Code §§ xviii.2-308.1:1 – 18.2-308.one:5, 18.2-308.two-18.ii-308.2:01(b).[↩]
83. Launder. Rev. Code §§ 9.41.010, nine.41.040, 9.41.171, 9.41.175, 71.05.182.[↩]
84. W. Va. Code § 61-vii-7.[↩]
85. Wis. Stat. §§ 51.20 (13)(cv), 51.45(13)(i)(i), 54.x(3)(f)(one), 55.12(x)(a), 941.29.[↩]
86. Wyo. Stat. §§ six-8-102, 6-8-404.[↩]
87. In 2010, Wyoming enacted a "Firearms Liberty Deed"   purporting to exempt from federal regulation any firearm manufactured commercially or privately in Wyoming and that remains exclusively within the   borders of Wyoming.  The Act prohibits possession of such firearms by certain mentally ill individuals.[↩]
88. Additional information about laws governing domestic violence-related prohibitions is contained in our summary on Domestic Violence and Firearms.[↩]
89. Additional information almost laws governing minimum age to purchase and possess firearms is contained in our summary on the Minimum Historic period to Purchaser and Possess Firearms.[↩]
90. Additional information about laws limiting sales to ineligible individuals is contained in our summary on Trafficking & Straw Purchasing.[↩]

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Source: https://giffords.org/lawcenter/gun-laws/policy-areas/who-can-have-a-gun/firearm-prohibitions/

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