Can I Own a Gun After a Felony

You were never convicted. Maybe the charges were dropped. Maybe it was just a marijuana ticket. Or a one-time possession arrest that happened years ago.

You assume it’s behind you.

But when you go to buy a firearm, you’re flagged—or worse, you’re told you’re permanently barred under federal law.

You’re stunned. How could something so minor lead to losing your Second Amendment rights?

At National Security Law Firm, we represent people across the country who are shocked to discover they’ve been labeled as “unlawful users of or addicted to a controlled substance”—a label that can carry a federal lifetime firearm ban under 18 U.S.C. § 922(g)(3).

Let’s break down what the law really says, what “unlawful user” means, and what you can do if your gun rights are in jeopardy because of a past drug arrest, marijuana use, or even a medical cannabis card.

Can I Own a Gun After a Felony

Under federal law, it is illegal for anyone:

“who is an unlawful user of or addicted to any controlled substance…”

to ship, transport, receive, or possess a firearm or ammunition.

This law applies even if:

  • You were never convicted

  • Your drug use was occasional or years ago

  • You live in a state where marijuana is legal

  • You were only arrested but never prosecuted

That’s because the federal definition of an “unlawful user” is broader than most people realize.

Can I Own a Gun After a Felony

According to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), an “unlawful user” includes anyone who:

  • Uses illegal drugs regularly or recently

  • Shows a pattern of use, even without a conviction

  • Is involved in ongoing or recent drug-related activity

  • Possesses a state-issued medical marijuana card

That’s right: even using marijuana legally under state law can result in federal firearm prohibition. The ATF’s position is clear—there is no exception for medical marijuana under federal law.

➡️ See ATF Form 4473 (Question 21.E)

It states:

“Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized in the state where you reside.”

In other words: you don’t have to be convicted to lose your rights. Even admitting to marijuana use can disqualify you.

Can I Own a Gun After a Felony

  • You’re stopped with marijuana and arrested, but the charges are dropped. You’re still flagged by NICS.

  • You used marijuana in college, mentioned it on a security clearance form, and now you’re flagged.

  • You were prescribed a benzodiazepine, but you also used cannabis recreationally. Now you’re on a watch list.

Even a single arrest—with no conviction—can lead to entry in the NICS Indices as a prohibited person. You may not even know you’ve been listed until you’re denied during a background check.

Can I Own a Gun After a Felony

There are three main paths to restoring your federal firearm rights:

✅ 1. NICS Appeal

We can file an appeal and provide documentation showing that you are no longer an unlawful user and that the ban was based on insufficient or outdated information.

✅ 2. State Relief or Expungement

If you were convicted, we can pursue expungement or other forms of state relief—then assess whether that qualifies to lift the federal ban under 18 U.S.C. § 921(a)(20).

✅ 3. Federal Relief Under 18 U.S.C. § 925(c)

This long-dormant program is being revived by the DOJ. We’re preparing petitions now for clients who want to file as soon as it reopens.

Can I Own a Gun After a Felony

When your Second Amendment rights are on the line, don’t settle. We’re the go-to law firm for gun rights restoration, and our clients trust us.

  • ⭐ 4.9-star rating on Google

  • ✅ Trusted national authority on firearm rights law

  • 🧠 Lawyers with insider experience from DOJ, ATF, and military courts

  • 🌎 Nationwide representation

  • 🏛 Based in Washington, D.C., at the center of federal gun law

  • 💳 Flexible financing to make this accessible for everyone

  • 🎖 Veteran-founded, mission-driven, and relentless

Can I Own a Gun After a Felony

Want to learn more?

Check out our Firearm Rights Resource Hub

Can I Own a Gun After a Felony

If you’ve been told you’re prohibited from owning a gun because of drug use—even one arrest—don’t panic. And don’t guess. Let us step in and fix it.

Book a free consultation today, and we’ll review your case, explain your exact status under federal law, and tell you what you need to do next to restore your rights.

The quicker you act, the better your chances.

👉 Book your consultation now

Go to sleep tonight knowing this is finally in the hands of a team that knows exactly how to help.

The National Security Law Firm: It’s Our Turn to Fight for You.