28 Sep Losing Your 2nd Amendment Rights: Everything You Should Know

As an American, we are granted certain rights and privileges. However, this does not guarantee that they can not be taken away as a result of a crime or a change to laws and legislation. It’s important to understand how and why you can lose certain rights. Doing so will enable you to maintain the rights of an American citizen.

Can you lose your 2nd Amendment rights? Yes, you can lose your 2nd Amendment rights. Whether due to a criminal conviction, dishonorable military discharge, mental illness, or other situation, the loss of your right to bear arms can be temporary or permanent. Fortunately, there are ways to regain your 2nd Amendment rights if they were wrongfully restricted.  

In this post, we will cover everything you should know about losing your 2nd Amendment rights. In addition to talking about the actions that can cause the loss of your right to bear arms, we will also talk about various changes to laws and legislation that could restrict your 2nd Amendment rights in the future. Keep reading to learn more about protecting and maintaining your 2nd Amendment rights.

What You Need to Know About Losing Your 2nd Amendment Rights

A large majority of Americans have used the phrase “It’s my second amendment right!”. While the 2nd Amendment is a cornerstone of our country, not every American has the right to bear firearms. While some 2nd Amendment restrictions are temporary, many are lifelong restrictions, making it illegal for the individual to own a firearm for any reason. Let’s take a closer look at the Second Amendment.

What is The 2nd Amendment?

After the United States Consitution was put into place, citizens and leaders alike realized a need for further clarification and restriction in some areas. James Madison set out to write what is now known as the Bill of Rights. The Bill of Rights, which was ratified in 1791, was a compilation of ten amendments to the constitution. 

Each of the amendments focused on placing limits on the power of the government as a whole while protecting the individual liberties of the American citizen. The amendments found in the Bill of Rights are foundational rights that apply to every human being, regardless of their gender, race, or color.

So, what does the Second Amendment say? The Second Amendment says, “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.”

This essentially means that every person in the United States has the right and freedom to own firearms for the purpose of self-defense and security. This amendment applies to the country as a whole. However, each state has additional rules and regulations surrounding the possession and use of firearms.

It is important to carefully research firearm regulations in your state if you plan on owning or operating a firearm in any capacity. Failing to abide by your state or local firearms regulations can result in the loss of your 2nd Amendment right to bear arms or criminal charges.

How Do You Lose Your 2nd Amendment Rights?

There are countless ways in which an individual could lose his or her 2nd Amendment rights. While some of these are far more common than others, it’s important to realize that the existence of the 2nd Amendment does not mean that every individual in America has this freedom. Additionally, there are federal statutes that impact the Second Amendment rights of foreigners residing in the United States.

An individual’s 2nd Amendment rights can be taken away for a lifetime or for a period of time, usually in 10-year increments. Once your 2nd Amendment rights are restricted, it is often challenging to regain your rights. Here are a few of the ways that an individual can lose their 2nd Amendment rights:

Committing a Felony

Perhaps the most well-known way for an individual to lose their 2nd Amendment is by committing a felony. A felony conviction, whether violent or non-violent, will result in the permanent loss of your 2nd Amendment rights and your right to own firearms.

Dishonorably Discharged From the Military

Dishonorable discharge from the military can happen for a variety of reasons. Whether due to desertion, assault, criminal activity, a dishonorable discharge will affect almost every area of your life. This includes your right to own firearms. Almost all cases of dishonorable military discharge result in a permanent loss of an individual’s 2nd Amendment rights.

Excessive Drug Use or Substance Addiction

Excessive drug use or substance addiction can lead to a permanent loss of your 2nd Amendment rights. It is hard to define the level of drug use that leads to this restriction of your rights as it varies from one individual to the next. Similarly, your 2nd Amendment rights can be taken away due to alcohol abuse or recurring DUIs. Any situation or lifestyle that could reasonably impair an individual’s judgment may lead to a permanent loss of Second Amendment rights.

Failing to Abide By State Firearm Regulations

Each state has its own sets of rules and regulations regarding an individual’s right to possess and carry firearms. The 2nd Amendment is a universal right encompassing the entire United States. However, individual states are allowed to implement various gun control laws at their own discretion. 

If you are transporting your firearm across state lines, you must verify the gun regulations for each state you will pass through. Failing to abide by state firearm regulations, even accidentally, could result in the temporary or permanent loss of your Second Amendment rights.

Illegal Ownership of a Firearm

Illegal ownership or possession of a firearm of any type will result in the permanent loss of an individual’s 2nd Amendment rights. It is imperative that you follow the proper legal process to obtain a firearm. 

Always make sure that the firearm you purchase has an active serial number. It is also important to ensure that you are provided with a receipt of sale before you take the firearm into your possession. Doing so will minimize the possibility of unknowingly purchasing an illegal weapon.

Subject of a Restraining Order

If you are the subject of any type of restraining order, your 2nd Amendment rights will be restricted. This may be permanent or until the situation is resolved. It is important to abide by the guidelines of your restraining order to prevent an escalation of the situation.

Involvement in Domestic Violence

An individual who has been involved in or convicted of misdemeanor domestic violence crimes will permanently lose their right to possess firearms through the 2nd Amendment. This zero-tolerance policy is the best way to protect the victims of domestic violence by restricting the aggressor’s access to weapons. 

Diagnosis of Mental Illness

Depending on the specifics of the diagnosis, some individuals with a diagnosis of mental illness lose their 2nd Amendment rights. This protects both the individual and those around them as they may lack the ability to reason or maintain responsibility for their actions or reactions.

As you can see, there are many reasons why an individual could lose their 2nd Amendment rights. In some situations, an individual may not realize that they have lost their 2nd Amendment rights. In fact, some individuals first realize this as they attempt to purchase a firearm! Fortunately, there are steps one can take towards regaining their 2nd Amendment rights.

Temporary Restriction of 2nd Amendment Rights

While the loss of 2nd Amendment rights is permanent for most people, there are exceptions. Some Americans face a temporary restriction of their 2nd Amendment rights. This could happen while awaiting trial, during a restraining order, or until they become of age. Still others lose their 2nd Amendment rights for 10 years, often those convicted of a misdemeanor or less. Felonies of any kind will always result in a permanent, lifetime loss of Second Amendment rights.

Can You Restore Your 2nd Amendment Rights?

For individuals who have had their 2nd Amendment rights revoked, there may be an opportunity to restore their rights! Individuals who have a nonviolent crime conviction and several years of responsible behavior may be able to request a Governor’s Pardon restoring their 2nd Amendment rights.

Citizens who had their 2nd Amendment rights restricted as minors due to illegal possession or other nonviolent crimes are often great candidates for requesting a Governor’s Pardon. Some individuals are not able to request a Governor’s Pardon. These include people who have a conviction of a felony involving a weapon or a domestic violence crime.

Requesting a Governor’s Pardon

The process of requesting a Governor’s Pardon can be quite complex. Additionally, the process varies depending on the state in which you live. It is recommended that you work with an attorney experienced in gun laws and Governor’s Pardons. 

A Governor’s Pardon essentially grants the individual forgiveness of the crime that they committed and provides them with the ability to have their 2nd Amendment rights restored. Approval of every Governor’s Pardon is not a guarantee. However, it is the most effective way to seek to restore your right to possess firearms.

What Happens When You Lose Your 2nd Amendment Rights?

So, what does losing your Second Amendment right to bear firearms really mean? When you lose your 2nd Amendment rights, you are not able to legally purchase or possess firearms for any reason. This includes self-defense, recreation, and profession. For this reason, it is incredibly important to protect your Second Amendment rights and avoid any situation that could result in a restriction of your rights.

Could Gun Control Cause Us to Lose Our 2nd Amendment Rights?

Many Americans think of losing their 2nd Amendment rights through the lens of committing a crime or other offense. However, there is another way that this loss can occur. More and more each day, gun control laws are threatening our 2nd Amendment rights as Americans. Gun control certainly has its place in our society. However, it can easily become misconstrued and infringe upon our rights and freedoms. 

It is important to pay attention to gun control laws that are introduced. It is also wise to vote for government officials who support the 2nd Amendment rights of Americans. The 2nd Amendment is one of the foundational rights of our country. Because of this, it is one thing that we should fight to defend and protect. 

Benefits of Measured Gun Control

Gun rules for government certainly have their place in our society. For example, gun control rules help to ensure that an individual purchasing a gun is legally able to do so. With gun control laws in place, there is an overall reduction of suicide and homicide rates. This is due to a restriction of firearm possession to individuals suffering from mental illness or substance abuse. 

There are other ways that gun control can benefit our society as a whole when officials implement it appropriately. However, excessive gun control quickly becomes a very real threat to our Second Amendment right as American citizens.

Protecting Your 2nd Amendment Rights

One of the most important things you can do as a citizen of the United States is to educate yourself on our many rights. This includes our right to bear arms. In order to protect the integrity and foundations of our country, we must work to preserve our rights for future generations. 

The best way to protect your rights is by learning about the situations that could result in loss or restriction and then avoiding those activities. If you have lost your 2nd Amendment rights wrongfully, seeking the advice of an experienced gun law lawyer can provide you with the insight you desire. 

By working together to preserve our 2nd Amendment rights, we can continue to live in a society that promotes equality, liberty, and justice for all! 

Related Questions

Do 2nd Amendment rights apply to non-citizens? There is much confusion when it comes to how constitutional rights apply to non-citizens residing within the United States. Non-citizens who are legally residing in the US have 2nd Amendment rights. However, there are statutes that limit prohibit illegal immigrants from possessing a firearm.