Highlights
- Gun owners who become prohibited persons or have their guns seized due to criminal investigations can do these things with their guns:
- Transfer ownership
- Sell the gun
- Destroy it
- Reclaim it (specifically for guns seized for an investigation)
- If you want to sell your gun at a great price, sell it to Cash for Arms. We're trusted by law enforcement and will work with defense attorneys to help you legally dispose of your gun.
Reasons Why You Might Lose the Right to Own a Gun
Felony Convictions
Federal law prohibits guns to individuals convicted of felonies that merit imprisonment exceeding one year.
Note that while federal law is consistent across the country, state laws vary. Some states may have more lenient policies for certain non-violent felonies, while others might impose stricter regulations.
For information on state-specific gun restrictions and potential alternatives, individuals convicted of state offenses should contact their State Attorney General's Office.
Domestic Violence Convictions
Domestic violence convictions, even at the misdemeanor level, can lead to the loss of gun ownership rights.
In fact, both misdemeanor and felony domestic violence convictions can result in the loss of gun rights under federal law. This is one of the few instances where a misdemeanor conviction can lead to gun prohibition.
Active restraining orders or protective orders related to domestic violence can also temporarily restrict gun ownership rights. These restrictions often remain in place for the duration of the order.
Extreme Risk Protection Order
Some states have Extreme Risk Protection Orders, also known as "Red Flag" laws. These allow for the temporary removal of guns from individuals deemed to be a risk to themselves or others.
The specifics of these laws vary by state, but they generally involve a court process. If you're subject to an Extreme Risk Protection Order, it's important to comply with the order and seek legal advice.
Mental Health Adjudications
If you've been involuntarily committed to a mental health facility, you may lose your right to own a gun. The duration of this prohibition can vary depending on the circumstances and jurisdiction.
Substance Abuse Issues
Current users of illegal drugs, including those addicted to controlled substances, are prohibited from owning guns under federal law. This includes marijuana, even in states where it's been legalized.
While alcohol use itself doesn't automatically disqualify someone from gun ownership, repeated alcohol-related offenses or an alcohol addiction that leads to legal issues could result in restrictions.
If you're struggling with substance abuse, it's important to seek help, both for your health and to protect your rights.
Dishonorable Discharge from the Military
There are many types of military discharges, and a dishonorable discharge from any U.S. military branch results in the permanent loss of gun ownership rights under federal law.
However, you may be able to appeal a dishonorable discharge, especially if it resulted from you being a victim of sexual abuse while serving. In this case, you may be able to regain your rights to gun ownership.
Other types of military discharges, such as general or other than honorable, don't automatically result in the loss of gun rights.
Consult a military law attorney about upgrading a dishonorable discharge to restore gun ownership rights.
Immigration Status Changes
Non-immigrant aliens are generally prohibited from possessing guns, with some exceptions for those with valid hunting licenses or permits. Changes in immigration status can also affect gun ownership rights.
Review your gun ownership rights if your immigration status changes. You may need to transfer or sell your guns if you become ineligible to possess them.
Consult an immigration attorney if unsure about your rights.
Renunciation of U.S. Citizenship
Renouncing U.S. citizenship results in the loss of gun ownership rights in the United States, as non-citizens are generally prohibited from possessing guns.
If considering citizenship renunciation, plan for gun disposal or transfer before completing the process. This may involve selling your guns or transferring them to a U.S. citizen family member.
Understanding Your Rights as a Gun Owner
Can you transfer ownership of your gun?
Yes, even after losing gun ownership rights, you can usually transfer ownership. Transfers must be to individuals legally allowed to own guns, not to prohibited persons or those intending illegal use.
Follow all state and federal laws when transferring gun ownership. Consult a legal professional if unsure about the process.
Can you still sell your gun?
Selling your gun is often the most financially beneficial option when losing ownership rights. The process varies by state, typically involving transfer through a licensed dealer.
Follow all applicable laws when selling a gun to avoid legal troubles. Consult a licensed dealer or attorney to ensure compliance with regulations.
What are your options for disposing of your gun?
Many police departments accept guns for destruction, though you won't receive compensation. This is often the simplest disposal method.
Alternatively, the ATF provides guidelines for properly destroying guns yourself. Follow these guidelines carefully to ensure the gun is rendered inoperable.
Can you reclaim your gun after it's been seized?
If your gun was seized during a criminal investigation, wait until the case resolves. You can petition for its return if found not guilty or charges are dropped.
For gun confiscation due to public safety concerns or protective orders, you may need to prove you're no longer a threat. If seized due to improper licensing, you may have a limited time to produce valid documentation for reclaiming.
Options for Transferring or Selling Your Gun
1. Cash for Arms
At Cash for Arms, we specialize in quick, legal gun sales for those who've lost ownership rights. We work with law enforcement and defense attorneys to ensure compliance and ease stress during this process.
Our simple three-step process:
- Submit your gun details via our website.
- Accept our offer and ship your gun.
- Get paid after we've received and inspected it.
We handle all paperwork and background checks, ensuring a smooth, transparent, and legally compliant transaction.
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Want to earn money rather than just losing your gun?
If you’ve lost your gun ownership rights and would like to earn at least some money by selling it, Cash for Arms can help you.
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2. Other FFL Dealers
Licensed guns dealers can facilitate gun transfers or sales, ensuring proper background checks and paperwork. This option allows you to compare prices and potentially work with a trusted dealer.
FFL dealers provide peace of mind for legal compliance but typically charge a service fee. They're knowledgeable about federal and state laws and can guide you through the process.
3. Gifting to Family Members
In some cases, you can gift your gun to a family member who's legally allowed to own guns. Some states require these transfers to go through a licensed dealer, so it’s often safer to go through one. Keep in mind that some states don't allow a gun to be in the same home of a person who can't own or possess one, so be sure to check your local laws before transferring ownership to someone in the same home.
4. Private Sale
Some states allow private sales between individuals. Ensure the buyer is legally allowed to own guns. For safety and legal security, consider conducting the sale through a licensed dealer instead.
If you pursue private sale, research your state's laws thoroughly beforehand. Some states require background checks or specific documentation. Prioritize compliance with all relevant laws.