Legal Question in Constitutional Law in California
Violation of Constitutional Rights?
About 3 years ago my husband went to a gun show with my father to purchase a handgun legally. He picked one out, gave the money, and filled out the appropriate paperwork. A couple of weeks later he was notified that the Department of Justice had denied his request to obtain a firearm due to his criminal past. Now my husband has no felonies and according to the Department of Justice's own policy a misdemeanor can be used to deny for five years after conviction. The problem lies in the fact that my husbands misdemeanors were over twelve years since conviction date. Has the Department of Justice violated his Constitutional right to bear arms? Thank You for your time.
2 Answers from Attorneys
Re: Violation of Constitutional Rights?
Would need much additional information and copies of forms filed, etc. 800-685-6950
Re: Violation of Constitutional Rights?
Did your husband accurately answer the questions on the form? Even if his convictions are old, a false denial of their existence would liekly be an adequate, independent ground to turn him down.
And while other attorneys who contribute to the LawGuru web site might disagree with me, most attorneys who have considered the question agree that the Constitution does not confer upon citizens a right to private ownership of firearms.
The Second Amendment says, in its entirety, "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The few courts to consider the question have, to the best of my knowledge, all agreed that this language permits state militias but that it does not create a general right to own firearms.
If there is no right to own firearms in the first place, then nothing the government does can be a violation of that right.
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