By Law Office of A. Oliver Hassibi

July 15, 2016

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The Second Amendment of the United States Constitution is one that has come under fire a lot in recent times. However, as it stands, every United States citizen has the right to bear and possess a firearm legally… or almost every citizen.

There are actually certain instances where you can have your right to own a firearm restricted or revoked entirely. Most often these restrictions are placed when you have some sort of a criminal conviction on your record.

Those With a Criminal Conviction

The Brady Handgun Violence Prevention Act of 1993 created a legally-defined list of persons not eligible to purchase or possess a firearm. This was to be enforced by required all licensed firearms sellers to conduct a criminal history background check on all prospective gun purchasers.

Specifically, the act prohibits the sale or distribution of firearms to several groups of people, most notably those who are or have been:

  • Convicted in any court of a crime punishable by imprisonment for a year or longer
  • Fugitives from justice
  • An unlawful user of controlled substances

It is possible for those who have been convicted of a previous crime to have their right to bear arms restored by either petitioning the Office of the Pardon Attorney to apply for a presidential pardon, or by having their criminal charges expunged.

Domestic Violence Convictions

In the fall of 1996, the Criminal Division to the United States Attorneys’ Offices amended the Federal Gun Control Act of 1968 by placing a ban on firearm possession by individuals who had been convicted of any misdemeanor domestic violence crime, including those who had not served time in jail or prison. It also removed several loopholes, including the law enforcement exception. With this law, any police or military member who has a qualifying misdemeanor conviction on their record is no longer allowed to possess a firearm, even while on duty. This usually results in anybody holding those positions to be terminated from their jobs.

If you are facing criminal charges, it is not advised that you try to defend yourself against your accusations alone. The Law Office of A. Oliver Hassibi has provided Texas residents with top-rated criminal defense law practice since 2002. Attorney A. Oliver Hassibi is a lifelong resident of Texas and is keenly aware of the harshness of the state’s criminal justice system and propensity for stiff punishments. We fight both in and out of the courtroom for our clients to help them maintain their livelihood, their jobs, their families, and their rights, including the right to bear arms.If you are facing criminal charges, don’t let your Constitutional rights slip away! Contact the Law Office of A. Oliver Hassibi and request a case evaluation today!