Can a Convicted Felon Become a Gunsmith?

No, yes, well, maybe?

Felony convictions and firearms are complex subjects.

The “right of the people to keep and bear arms” is guaranteed under the Second Amendment of the United States Constitution.

Additionally, numerous Supreme Court of the United States (SCOTUS) rulings have affirmed this broad language protecting an individual’s right to bear arms.

However, the right to own and use a gun is not unlimited. Individuals with a criminal record interested in gunsmithing will encounter legal roadblocks to the growing profession.

But not all hope is lost.

Here are a few details that may help you move forward with your gunsmithing career despite a felony conviction.

What Is a Felony?

Felonies involve crimes against people and property.

These include violence against individuals – assault, domestic violence, murder, and kidnapping.

Property felonies include substantial theft and arson.

A felony charge often comes with jail time or a prison term.

Usually, a felony conviction prevents an individual from obtaining certain types of licenses, working with children, voting, or being around firearms.

Can a Felony Be Expunged?

Felonies remain on an individual’s criminal record throughout their life.

However, recognizing that many felons struggle with work, loans, and housing, some states allow a felony to be expunged (legally removed) through a petition process.

Petitions may be filed at a set time, usually seven to ten years after sentence completion.

What Is a Gunsmith?

In simple terms, gunsmiths design, build, modify, restore, and repair firearms.

Some gunsmiths cultivate skills in metal engraving and woodcarving.

Gun manufacturers, the military, and law enforcement employ gunsmiths.

They also work in sporting goods stores and specialty hunting shops.

A gunsmith must have broad knowledge in numerous fields and develop a varied skill set.

A few areas that would benefit a gunsmith include:

• Metalwork
• Wood modification
• General Fabrication
• Chemistry

The Basics Of Gunsmithing and Felony Convictions

Convicted felons are prohibited from owning or working with firearms.

Individuals who have been convicted of a felony and a few egregious misdemeanors lose their right to own or even be around guns, even unloaded ones.

This includes shooting ranges, gun shows, gun stores, and, in many states, family members who own guns.

Therefore, felons cannot become gunsmiths.

However, the rules are not as straightforward as one would think, so a better answer to the question is “maybe” – depending on your state.

Federal law is the basis for rules regarding felons and guns.

Specifically, 18 U.S. Code § 922(g) prohibits individuals convicted of a crime punishable by imprisonment for more than one year from possessing firearms and ammunition.

In certain instances, the imprisonment clause also results in gun ownership prohibition for misdemeanors.

All firearm types are covered under this rule.

These include:

• Handgun
• Rifles
• Shotguns
• Starter guns
• Customized guns

Most states follow the federal prohibition, but a growing number of states have exceptions to Federal laws.

A few of these states include:

• California
• Louisiana
• New York
• Texas
• Oregon
• Vermont
• North Carolina
• Mississippi

A small handful of states allow a felon to own a gun if specific legal procedures are followed.

These exemptions are included for a convicted fellow who has:

• Receiving a Gubernatorial or Presidential pardon for the conviction.
• Fully served a sentence.
• Filed a Petition for a non-violent felony conviction.
• A record has been legally expunged (felony removed).
• Waiting for a specific period (usually with no new convictions).
• Obtained a Certificate of Relief, usually for a valid disability.
• Special Circumstances.
• Consideration of a personal need to hunt.

Additionally, gun rights are automatically restored in Colorado and Kansas after 5 to 15 years.

Texas, the Lone Star State, has a strong affinity for gun ownership.

Generally, the Texas Penal Code Section 46.04 prohibits individuals convicted of a felony from possessing a firearm.

However, Texas allows felons to possess a home defense weapon five years after parole.

Legal Restoration of Gun Rights

There is a process that may facilitate a convicted felon’s rights of gun ownership and use.

It is managed by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, commonly referred to as the ATF.

Detailed in 18 U.S. Code § 925(c) under “relief from disability,” this application process allows convicted felons and other individuals previously disqualified to regain gun rights.

Gunsmithing: The Importance of Federal Rules and State Exceptions

Owning or working around firearms is an integral part of being a gunsmith.

Gunsmiths are trained in a wide range of duties.

At the basic level, they clean, repair, refurbish, and restore various firearms.

Experienced smiths can design and modify firearms by customizing grips and barrels and adding specialty scopes, grip locks, and other items.

Thus, the need to be around and work with guns, gun parts, ammunition, or in a gun store is prohibited by law.

However, an estimated 8% to 10% of the United States population has felony convictions.

And recent research shows that roughly 79 million have some criminal record.

Consequently, a growing number of states and non-profit organizations are arguing that post-conviction restrictions may be unconstitutional and should be rescinded on humanitarian grounds.

These prohibitions would include the loss of voting rights or the inability to work with guns.

Key Takeaways

• Federal law prohibits convicted felons from owning, associating with, being in the presence of, or possessing firearms and ammunition.
• According to federal law, a convicted felon can not be a gunsmith.
• There are no exceptions to the Federal law.
• Know your state rules. Many states have exceptions to the gun association or ownership rule for convicted felons.
• The gunsmithing profession is growing.

Frequently Asked Questions

What education do you need to be a gunsmith?

A thorough and broad knowledge of firearms is needed to qualify as a gunsmith.

Two types of education are available: certification courses and two-year programs resulting in associate’s degrees.

Can a felon live with someone who owns a gun?

A felon can legally live with a gun owner as long as the firearm is secured and the owner ensures that the felon does not have material access to the gun.

Are gunsmiths in demand?

Yes, trained and certified gunsmiths are in high demand.

Roughly 44% of Americans report owning guns.

Firearms are machines, some extremely technical, that require care and servicing beyond basic cleaning.

A licensed or certified gunsmith is responsible for repairing and maintaining numerous types of firearms.

Getting a gunsmith certificate can be done online.

When did felons lose the right to own guns

The Gun Control Act, 18 U.S.C. § 921, passed in 1968, was the first to prohibit gun possession by convicted felons and those individuals under a domestic protective order.