NCJ Number
149669
Date Published
1992
Length
51 pages
Annotation
Although convicted felons automatically lose the privilege of possessing firearms, a 1965 amendment to the Federal Firearms Act of 1938 allows convicted felons to apply to the Bureau of Alcohol, Tobacco, and Firearms (ATF) for "relief" from the "disability" of not being able to possess a gun.
Abstract
Relief can be granted if circumstances surrounding the conviction and the applicant's record and reputation are such that the applicant will not likely be dangerous to public safety. The McClure-Volkmer firearms decontrol bill of 1986, drafted by the National Rifle Association, dramatically expands the universe of convicted felons who can once again legally possess firearms. Over the past decade, ATF has processed more than 22,000 applications for relief. Between 1985 and 1990, about one-third of those seeking relief eventually received it. Since 1985, ATF's relief from disability budget has steadily climbed from $2.7 to $4.2 million. The names of those granted relief and their court of conviction must be printed in the Federal Register. ATF estimates that, for those granted relief between 1985 and 1989, 2.6 percent committed crimes again; those most recently granted relief had the lowest recidivism rates. Recidivist crimes included attempted murder, attempted rape, first-degree sexual assault, abduction, child molestation, drug trafficking, and illegal firearms possession. Of the 100 felons, 16 percent of offenses involved crimes of violence, 17 percent drug distribution or possession, and 8 percent firearms violations. Other crimes included abandonment, alcohol-related crimes, assault, burglary, check forgery, concealing an escaped Federal prisoner, counterfeiting, extortion, false statements, game law violations, homicide, illegal campaign contributions, robbery, sexual assault, tax evasion, and theft. Footnotes and charts