A misdemeanor drug charge typically involves the possession of a small quantity of a controlled substance for personal use, minor distribution, or related infractions. While not as serious as a felony, these charges can still lead to fines, probation, short-term jail time, and a criminal record. Many people underestimate the impact a misdemeanor drug conviction can have on their gun rights — a critical issue for responsible firearm owners.
How Does Federal Law Affect Gun Rights After A Misdemeanor Drug Conviction?
Under the Gun Control Act of 1968, it is illegal for anyone “addicted to or unlawfully using” controlled substances to possess firearms. This includes those convicted of misdemeanor drug offenses, even at the state level. The federal government considers any unlawful drug use grounds for prohibiting gun ownership, whether the charge involved marijuana, prescription drugs, or other substances.
For example, when you’re convicted of misdemeanor drug possession in a state where marijuana is legal, federal law can still bar you from owning a gun. The law doesn’t distinguish between types of drugs or degrees of charges—a conviction equals restriction.
Do State Laws Allow Gun Ownership After A Misdemeanor Drug Charge?
Yes—and no. While federal law sets a strict standard, state laws vary. Some states mirror federal rules, maintaining strict bans. Others offer leniency or pathways to restore gun rights after a misdemeanor conviction. A few states can allow firearm possession once you complete probation, pay fines, or wait out a specific period.
For instance, in Minnesota, gun rights can be restored after a five-year waiting period if you’ve stayed crime-free. Other states will require an expungement or set-aside of the conviction. Knowing your state’s laws regarding gun rights and misdemeanor drug charges is essential, as they can either protect or limit your rights further.
Can You Restore Gun Rights After A Misdemeanor Drug Charge?
In many cases, yes. Several legal remedies can help individuals with past convictions regain their firearm rights. These can include:
- Expungement: Clearing the conviction from your record
- Set-aside judgments (in states that allow it)
- Petitioning for the restoration of civil rights
- Governor’s pardon
An experienced criminal defense attorney can assess your eligibility and walk you through the steps necessary to pursue gun rights restoration after a misdemeanor.
Real Example: How A Simple Possession Charge Affects Firearm Rights
Let’s say you’re convicted of misdemeanor marijuana possession in a state where recreational use is legal. You pay a fine and serve no jail time. You assume it’s not a big deal. Yet later, when attempting to buy a firearm, you fail the background check.
Why? It’s because under federal law, your drug conviction—even for a legal substance under state law—qualifies as a prohibited offense for gun ownership. Without expungement or rights restoration, you remain disqualified.
Why Should You Talk To An Attorney About Gun Rights And Drug Charges?
Navigating the complex relationship between drug offenses and firearm rights isn’t something you must face alone. Legal missteps can lead to additional charges for unlawful possession of a firearm, which can elevate to a felony. A qualified attorney understands the overlap between criminal law and firearms regulation and can help:
- Interpret your eligibility under state and federal law
- Determine when your rights can be restored
- Represent you in rights restoration hearings or expungement proceedings
Frequently Asked Questions
1. Can I Buy A Gun If I Had A Drug Charge Years Ago?
Not unless your rights were legally restored. A drug charge, even from years ago, can still stop you from buying a gun.
2. Will A Dismissed Drug Charge Affect My Gun Rights?
No. When your drug charge was dismissed and you weren’t convicted, it usually doesn’t affect your right to own a gun.
3. Can I Get In Trouble For Having A Gun After A Drug Conviction?
Yes. When you’re not allowed to have a gun and still do, you could be charged with another serious crime.
Conclusion: So, Does A Misdemeanor Drug Charge Affect My Gun Rights?
Yes—especially under federal law. A misdemeanor drug charge can make you ineligible to own or possess firearms, even if the conviction occurred at the state level or involved a substance legal in your state. However, many states offer legal remedies to restore gun rights depending on your circumstances.
Don’t let a past mistake permanently affect your rights. Contact the experienced criminal defense attorneys at Leverson Budke for a free consultation in Minnesota. We’ll help you understand your options and fight to restore what matters most to you.
