I am working on an essay that has to do with gun regulations in the US, and I would like to know if a person committed a crime (major or minor, please state this) and had his firearm license revoked due to that reason, can he acquire a new license if he chooses to move to a different state? if you have any information on this subject what so ever, please share Thanks!!
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1When you say gun license, what do you mean? Concealed carry license, purchase/ownership license, dealer license, Alien Firearms License (issued here in WA, maybe in other states)?– KennahCommented Nov 17, 2014 at 0:41
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1Wouldn't this have potentially 52 answers? Multiplied by each license type? This might be too broad as currently worded; unless someone knows of an all-in-one resource.– LateralFractalCommented Nov 17, 2014 at 3:49
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my main focus is concealed carry and purchase/ownership– GamefanACommented Nov 17, 2014 at 6:23
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2"Can" and "would be legal to do so" are two entirely different animals :)– user4012Commented Nov 17, 2014 at 15:38
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1@user3769877 By lying on the application form. If they don't notice or check, you get the license. If they then discover it later, you're on the hook for a crime (and the license is of course revoked).– cpastCommented Nov 18, 2014 at 5:08
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2 Answers
I will confine this answer to concealed carry and purchase/ownership licenses.
In the U.S., these licenses are issued by states, counties, and municipalities. There is no federal license issued for concealed carry or purchase/ownership. With that said, federal laws covering the ownership and possession of firearms extend to every state and the District of Columbia. State laws can be more restrictive than federal law, but not less. Some states further allow counties and/or municipalities to set even more restrictive laws.
If a person has a license revoked or suspended after being convicted of a felony, they are then automatically under federal law prohibited from owning or possessing a firearm. As such, they would not be able to legally move to a different state and obtain a license or a gun.
A person convicted of certain misdemeanors can have their firearm license revoked and they are prohibited from owning or possessing a firearm. These misdemeanor crimes fall under domestic violence and "The Domestic Violence Offender Gun Ban", aka the Lautenberg Amendment.
It is possible that a person could be convicted of a misdemeanor crime in State X, remain able to legally possess a firearm under federal law, ,and remain able to obtain a license to own or carry a firearm in State Y. However, I stress that this is theoretical, I can cite no examples, and I have never heard of any examples.
There may be procedural requirements in certain states that violation of could lead to one's license being suspended or revoked. An example is psychological testing in California for concealed carry. Anecdotally, I've read that a bad credit report rating could be used to show "moral turpitude" and lead to suspension or revocation of a concealed carry license. Failing one of these requirements would not preclude one under law from owning or possessing a firearm in another state.
Here in Arizona there is no registration or license to own a firearm. You either pass or fail the federal background check (non-Felon) at the time of purchase if buying new or used from a Federal Firearm Licensed dealer (FFL). Firearms from manufacturers/distributors are only available to FFL dealers and buying a firearm intended for anyone else is an illegal straw purchase. It is currently legal for private parties to transfer ownership with no background check. The nut of your question is I expect, is that a judge would preclude ownership or access to firearms as part of sentencing for violent crimes or crimes associated with violence. Also, states have reciprocity agreements between themselves for all sorts of things, including concealed carry permits, which is why Arizona still offers them even though a concealed carry permit is not required within the state.
