Can a Felon Own a Gun in Alabama? Firearm Laws Explained

Can a Felon Own a Gun Under Alabama and Federal Law?

In Alabama, a person convicted of a crime of violence cannot legally own or possess a firearm. Unlawful firearm possession by prohibited persons prohibits anyone convicted of a crime of violence as defined in Alabama law from owning a firearm or having one in their possession or under their control. Federal law adds a separate, broader prohibition. Under federal law, any person convicted of a crime punishable by more than one year of imprisonment may not possess any firearm or ammunition.

Both prohibitions can apply to the same person at the same time. A felon with a firearm may face state charges, federal charges, or both.

Alabama's prohibition extends beyond crimes of violence. It covers anyone convicted of any felony within the past five years. It also covers anyone with three or more felony convictions that each arose from a different charge. Other covered categories are a misdemeanor domestic violence offense, a violent offense listed in Alabama's sentencing law, a valid protection order for domestic abuse, and being of unsound mind.

Can a felon carry a gun in Alabama? The answer depends on three factors: the conviction type, the time passed, and whether federal law bars possession.

What Counts as a 'Crime of Violence' in Alabama Firearm Law?

Alabama's firearm prohibition is tied in part to specific "crimes of violence" listed in Alabama law. That statute defines a crime of violence as any of the following offenses or an attempt to commit them:

• Murder
• Manslaughter (except manslaughter arising from vehicle operation)
• Rape
• Mayhem
• Assault with intent to rob, ravish, or murder
• Robbery
• Burglary
• Kidnapping

The definition also includes any Class A felony. It includes any Class B felony that has as an element serious physical injury. The same applies to a Class B felony whose elements include distributing or manufacturing a controlled substance. It also applies to a Class B felony of a sexual nature involving a child under age 12.

This state-level definition is narrower than the federal rule. Under federal law, the prohibition reaches any felony punishable by more than one year – regardless of whether the offense involved violence. A person convicted of a non-violent felony such as fraud or theft may not fall under Alabama's crime-of-violence prohibition.

But Alabama law also prohibits firearm possession for anyone convicted of any felony within the past five years. It also covers anyone with three or more felony convictions that each arose from a different charge. Federal law prohibits possession regardless of the felony type. A non-violent felon who believes Alabama state law permits possession could still face federal prosecution.

Federal Firearm Prohibitions for Felons

Federal firearm law prohibits several categories of people from possessing firearms or ammunition. These include:

• Any person convicted of a crime punishable by imprisonment for more than one year
• Unlawful users of or persons addicted to any controlled substance
• Persons subject to certain domestic violence protective orders
• Persons convicted of a misdemeanor crime of domestic violence
• Fugitives from justice
• Persons adjudicated as mentally defective or committed to a mental institution

Federal law covers all firearm types – pistols, rifles, and shotguns – as well as ammunition. Many people ask whether a felon can own a shotgun or hunting rifle in Alabama.

Alabama's prohibition for people with disqualifying convictions covers "a firearm," while separate subsections of the same section reach only a pistol for minors, habitual drunkards, and people with a drug addiction. Federal law is clear. A felon in possession of a firearm of any type – including a shotgun or rifle – violates federal law.

The 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen has prompted ongoing federal litigation challenging various firearm regulations, including federal felon-in-possession provisions. Readers should not assume the statute is unenforceable. Federal courts continue to apply felon-in-possession prohibitions in prosecutions across Alabama's three federal districts.

Can a Felon Be Around Guns or Live in a Home With Firearms?

One of the most common questions people ask is whether felons can be around guns that belong to someone else. The answer depends on the specific facts, but the legal risk is real.

A felon does not have to physically hold a firearm to face charges. Both Alabama and federal law recognize the concept of constructive possession. A person can be charged with felon in possession if they have control over, access to, or dominion over a weapon. This applies even if the weapon belongs to a spouse, roommate, or family member.

Practical scenarios that may create legal risk include:

• A spouse keeps a loaded handgun in a shared nightstand
• Firearms are stored in an unlocked gun safe the felon can access
• A roommate leaves a rifle in a common living area
• A family member invites the felon to go hunting and hands them a shotgun

Storage arrangements matter. Firearms in a shared home should be secured to prevent access by the prohibited person. A locked safe to which only the lawful owner has the combination or key provides good protection.

Constructive possession cases are highly fact-specific. Anyone with a felony conviction who lives with firearms should consult an attorney about their particular situation.

Penalties for Felon in Possession of a Firearm in Alabama

The consequences for illegally possessing a firearm after a felony conviction are severe under both Alabama and federal law.

Alabama State Penalties

Under Alabama law, unlawful firearm possession by a prohibited person is a Class C felony. Alabama's sentencing law sets a Class C felony at not more than 10 years and not less than one year and one day. A conviction adds another felony to the person's record and can trigger enhanced penalties for any future offenses.

Federal Penalties

Federal felon in possession of a firearm charges carry penalties of up to 15 years in federal prison. Some defendants qualify as armed career criminals with three prior convictions for a violent felony or a serious drug offense, committed on occasions different from one another. The Armed Career Criminal Act imposes a 15-year mandatory minimum sentence for such defendants.

Federal cases are prosecuted in the U.S. District Court for the Northern, Middle, or Southern District of Alabama. The federal maximum of 15 years is higher than Alabama's 10-year maximum for a Class C felony.

Restoring Firearm Rights in Alabama After a Felony Conviction

Alabama law recognizes limited pathways for restoring firearm rights after a felony conviction. However, the process is complex and success is not guaranteed.

Pardon From the Alabama Board of Pardons and Paroles

Under Alabama law, the Board of Pardons and Paroles may grant pardons after conviction. A pardon may restore civil and political rights, and in some cases firearm rights, depending on the pardon's specific terms. Under Alabama law, it is an affirmative defense to prosecution if the defendant received a pardon that expressly restores the defendant's right to possess a firearm. The pardon must specifically address firearm rights for each supporting conviction.

The statute bars a pardon unless the prisoner has successfully completed at least three years of permanent parole. If the sentence was less than three years, the pardon cannot be granted until the sentence expires. A pardon based on innocence is the exception. The board may grant one by unanimous vote on clear proof of innocence, with the written approval of the trial judge or the district attorney.

Expungement

Alabama's expungement statute allows certain convictions to be expunged from a person's record. However, Alabama law states that an expungement order "shall not entitle an individual to ship, transport, possess, or receive a firearm." The same section names the one route back. A person whose conviction is expunged may have that right restored by a Certificate of Pardon with Restoration of Civil and Political Rights from the Alabama Board of Pardons and Paroles.

The Federal Complication

Federal law does not count a conviction that has been expunged, set aside, or pardoned, or one for which civil rights have been restored. The exception is an order that itself says the person may not possess firearms. Whether a conviction counts is decided under the law of the place where the case was tried, so an Alabama pardon does not reach a federal conviction. Federal law also lets a prohibited person apply to the Attorney General for relief from the firearm disability, which the statute leaves to that office's discretion.

Anyone considering firearm rights restoration should consult an attorney who can evaluate both state and federal implications.

Defenses to a Felon in Possession Charge

Several categories of defenses may apply to felon in possession of a firearm charges, depending on the facts of the case.

Challenging actual possession. In constructive possession cases, the defense may argue the defendant did not actually have control over or access to the firearm. Mere proximity to a weapon does not automatically establish possession.

Challenging the predicate conviction. The defense may argue that the prior conviction does not qualify under the relevant statute. This is particularly important in federal Armed Career Criminal Act cases. Federal courts have narrowed the definition of qualifying predicates in decisions like Borden v. United States.

Fourth Amendment challenges. If law enforcement discovered the firearm through an unlawful search or seizure, the defense may seek to suppress the evidence. This could apply to traffic stops, home searches, or pat-downs that violated the defendant's rights.

Knowledge of prohibited status. After Rehaif v. United States (2019), the government must prove the defendant knew they belonged to a prohibited category. This means the defendant knew about a prior conviction punishable by more than one year. The defendant must have known the nature of that conviction.

This knowledge element can be a viable defense. It applies when the defendant did not understand the nature or consequences of a prior conviction.

These defenses depend entirely on the specific facts. No defense strategy is guaranteed to succeed, and each case requires careful evaluation by an attorney.

Frequently Asked Questions About Felons and Firearms in Alabama

Can a Felon Own a Gun in Alabama if the Felony Was Non-Violent?

Alabama law prohibits any person convicted of any felony within the past five years from possessing a firearm, regardless of whether the offense was violent. Federal law prohibits possession for any felony punishable by more than one year – with no exception for non-violent offenses. You should consult an attorney about your specific conviction.

Can a Felon Live in a House Where Someone Else Owns Firearms?

Living in a home with firearms may create legal risk through constructive possession. If a felon has access to or control over a firearm, they could face charges. This applies even if someone else owns the weapon.

Firearms should be stored so the prohibited person cannot access them. An attorney can evaluate your living situation.

What Is the Federal Penalty for a Felon Caught With a Firearm?

A felon in possession of a firearm faces up to 15 years in federal prison. If the Armed Career Criminal Act applies, the mandatory minimum is 15 years. The federal maximum of 15 years is higher than Alabama's 10-year maximum for a Class C felony. Contact a defense attorney immediately if you face federal charges.

Can a Felon in Alabama Own a Shotgun or Hunting Rifle?

Alabama law prohibits covered individuals from owning "a firearm" – which includes shotguns and rifles. Federal law also covers all firearm types and ammunition. No exception exists for long guns or hunting weapons. Speak with an attorney before possessing any firearm.

Speak With an Alabama Firearm Defense Attorney

Felon in possession of a firearm charges carry severe consequences under both Alabama and federal law. Alabama has three federal judicial districts, and a federal charge can carry a mandatory minimum sentence. Early legal representation is critical – particularly when federal agencies are involved.

If you face a firearm charge or have questions about restoring your firearm rights after a felony conviction, contact Polson & Polson, P.C. for a free, confidential consultation. Every case depends on its specific facts, and no outcome can be promised. The sooner you speak with a defense attorney, the more options may be available to protect your rights.