Can You Legally Own a Gun After a Felony Conviction?

A felony conviction can continue affecting your life long after you completed the sentence.

You may have maintained a clean record for decades, built a career, supported your family, and become an entirely different person. Yet when you attempt to purchase a firearm—or review the laws before possessing one—you discover that the conviction may still trigger a federal prohibition.

That does not necessarily mean the answer is permanently “no.” But it also does not mean that every expungement, pardon, or state restoration automatically removes the federal restriction.

The correct answer depends on:

• The offense of conviction;
• The maximum punishment authorized by law;
• Whether the conviction was state, federal, military, tribal, or foreign;
• The law of the convicting jurisdiction;
• Whether your civil rights were lost and restored;
• The language of any expungement, set-aside, pardon, or restoration;
• Whether another federal prohibition applies;
• Your subsequent conduct;
• Department of Justice eligibility and presumptions under § 925(c); and
• Any independent firearm restriction imposed by state law.

Several pathways may be available. The first step is identifying exactly why federal law treats you as prohibited and which form of relief can legally remove that disability.

Does Every Felony Conviction Prohibit Firearm Possession?

Under 18 U.S.C. § 922(g)(1), federal law generally prohibits firearm or ammunition possession by a person convicted in any court of a crime punishable by imprisonment for a term exceeding one year.

The federal analysis does not depend entirely on whether the state called the offense a “felony.”

For example:

• A state misdemeanor punishable by more than two years may potentially fall within the federal prohibition;
• Certain state misdemeanors punishable by two years or less are excluded;
• Certain business-related offenses are excluded from the federal definition;
• A felony label does not control if the offense falls within a statutory exclusion;
• The sentence actually imposed is not always controlling; and
• A conviction may cease to count after a qualifying expungement, set-aside, pardon, or restoration of civil rights.

The complete judgment, statute, authorized punishment, and later relief must be reviewed before concluding that § 922(g)(1) applies.

What Conduct Does Federal Law Prohibit?

A person subject to § 922(g)(1) generally may not:

• Possess a firearm;
• Receive a firearm;
• Ship or transport a firearm in interstate or foreign commerce;
• Possess ammunition; or
• Exercise actual or constructive control over firearms or ammunition.

Constructive possession can exist even when the firearm is not physically on the person. Questions may arise when a prohibited person:

• Lives in a home containing firearms;
• Has access to a gun safe;
• Keeps ammunition in a vehicle or residence;
• Stores a firearm with another person;
• Has authority over a location where firearms are kept; or
• Attempts to purchase a firearm through a dealer.

Anyone uncertain about current eligibility should obtain a legal analysis before handling firearms or ammunition. A failed purchase attempt is not a safe substitute for determining legal status.

Why State and Federal Law Must Be Analyzed Separately

A state may restore a person’s state firearm rights while a federal prohibition remains. Federal relief may remove a federal disability while state law continues to prohibit possession.

The two systems ask different questions.

Before possessing a firearm, the person must be eligible under both applicable federal and state law.

Our guide comparing federal and state gun rights restoration explains this interaction in greater detail.

The Principal Paths to Restoring Federal Gun Rights After a Felony

Depending on the conviction and jurisdiction, potential pathways include:

1. Establishing that the conviction never qualified under § 922(g)(1);
2. Correcting an inaccurate criminal-history or NICS record;
3. Obtaining a qualifying expungement or set-aside;
4. Obtaining restoration of civil rights;
5. Receiving a gubernatorial or presidential pardon;
6. Obtaining separate state firearm-rights relief;
7. Applying for federal firearm rights restoration under § 925(c); or
8. Combining federal and state remedies.

The strongest path is the one that changes the conviction’s legal effect—not merely its visibility on an ordinary public background check.

When a Conviction May Not Qualify Under § 922(g)(1)

Before pursuing restoration, determine whether the conviction actually falls within the federal prohibition.

Relevant questions include:

• What was the exact statute of conviction?
• What maximum sentence did the law authorize at that time?
• Was the offense a state misdemeanor punishable by two years or less?
• Does the offense fall within a statutory business-offense exclusion?
• Was adjudication withheld?
• Was the conviction vacated for a legally significant reason?
• Was the conviction entered by a qualifying court?
• Did later relief alter the conviction’s federal effect?
• Is NICS relying on the arrest charge instead of the final conviction?
• Does the record belong to the correct person?

If the prohibition is based on inaccurate or incomplete information, the appropriate remedy may be a NICS challenge or record correction—not discretionary restoration.

When Record Correction May Resolve the Problem

A person may be denied even though the underlying conviction no longer creates a federal prohibition.

Common record problems include:

• NICS reporting the original felony charge instead of a reduced misdemeanor;
• A dismissed case appearing as a conviction;
• An expungement or pardon not reaching the FBI;
• Missing sentence-completion information;
• A civil-rights restoration not reflected;
• Another person’s conviction being matched to the purchaser;
• A duplicate criminal-history entry; or
• A state repository reporting the wrong statutory subsection.

A record correction may require coordination with:

• The convicting court;
• The prosecutor;
• The arresting agency;
• The state identification bureau;
• The FBI’s Criminal Justice Information Services Division;
• The NICS Section; or
• Another agency maintaining the disputed information.

Our FBI firearm record correction lawyers help clients determine whether the problem is an inaccurate record or a valid legal prohibition.

When to File a NICS Challenge

A NICS challenge applies when a specific firearm transaction received a denied response and the purchaser believes the denial was incorrect.

The process may be appropriate when:

• The reported conviction does not belong to the purchaser;
• The charge was dismissed;
• The offense was reduced;
• The conviction was expunged, set aside, or pardoned;
• Civil rights were restored;
• The offense does not satisfy § 922(g)(1);
• The record lacks the final disposition; or
• NICS gave an otherwise accurate record the wrong legal effect.

The challenge should include the NTN or STN and the records establishing why the denial should be overturned.

Our NICS appeal lawyers handle wrongful firearm denials nationwide.

Can an Expungement Restore Federal Gun Rights?

Potentially—but not every expungement has the same federal effect.

Under 18 U.S.C. § 921(a)(20), a conviction generally is not considered for purposes of the federal felon-in-possession prohibition if it has been:

• Expunged;
• Set aside;
• Pardoned; or
• Followed by restoration of civil rights,

unless the relief expressly provides that the person may not ship, transport, possess, or receive firearms.

The terminology used by the state is not necessarily controlling. Some laws called “expungement” merely restrict public access while leaving the conviction and firearm disability intact. Other forms of relief may eliminate the conviction’s legal effect more completely.

The analysis should examine:

• What the relief statute actually does;
• Whether the conviction remains legally operative;
• Which civil rights were restored;
• Whether the person lost those rights in the first place;
• Whether the order preserves any firearm restriction;
• Whether state law separately prohibits possession; and
• Whether the order was transmitted to criminal-history systems.

Our guide to whether an expungement restores gun rights explains why the title of the state remedy is not enough.

Can Restoration of Civil Rights Remove the Federal Prohibition?

Potentially.

Section 921(a)(20) directs that the effect of a state conviction is generally determined under the law of the jurisdiction where the proceedings occurred. A qualifying restoration of civil rights may cause the conviction to stop counting under § 922(g)(1), unless the relief preserves a firearm restriction.

The federal analysis often considers restoration of core civil rights, including:

• The right to vote;
• The right to serve on a jury; and
• The right to hold public office.

Complications arise when:

• The state never removed one or more of those rights;
• The rights returned automatically rather than through a certificate;
• The person remained prohibited from possessing firearms;
• The restoration covered only some civil rights;
• The conviction was federal rather than state;
• Multiple convictions from different jurisdictions exist; or
• State law changed after the restoration.

A state document stating that “civil rights are restored” should not be accepted at face value without analyzing its federal effect.

Can a Gubernatorial Pardon Restore Gun Rights?

A gubernatorial pardon may affect a conviction entered under that state’s law.

Its effect depends on:

• The governor’s constitutional and statutory authority;
• The language and scope of the pardon;
• Whether it is full, conditional, or limited;
• Whether firearm rights are expressly restored or withheld;
• How state law treats the pardoned conviction;
• Whether another conviction or status creates a prohibition; and
• Whether federal databases receive the pardon information.

A state pardon does not pardon a federal conviction. It also may not remove an independent prohibition arising from a different conviction, mental-health record, protection order, immigration status, or other federal category.

Can a Presidential Pardon Restore Gun Rights?

A presidential pardon applies to federal offenses, including qualifying military court-martial convictions.

A full presidential pardon may remove legal disabilities resulting from the pardoned federal conviction, including the associated federal firearm disability. But the analysis does not end there.

A presidential pardon does not:

• Erase the conviction;
• Pardon a state offense;
• Remove a separate state firearm restriction;
• Eliminate an independent federal prohibition;
• Correct inaccurate criminal-history records automatically; or
• Change a military discharge characterization by itself.

Someone with both federal and state convictions may need multiple forms of relief.

National Security Law Firm’s presidential pardon lawyers prepare clemency petitions for federal civilian and military convictions.

How § 925(c) Can Restore Federal Firearm Rights

Section 925(c) authorizes the Attorney General to grant relief from federal firearm disabilities when the applicant’s circumstances, record, and reputation establish that the applicant is not likely to act dangerously and that granting relief would not be contrary to the public interest.

The Department of Justice now administers the Federal Firearm Rights Restoration program through the Office of the Pardon Attorney.

The process allows individuals prohibited under § 922(g) to submit applications, including people affected by qualifying felony convictions.

But the ability to apply does not mean every applicant is likely to receive relief.

DOJ evaluates:

• The underlying offense and conduct;
• When the conviction and sentence occurred;
• Whether a presumptive disqualifier applies;
• Subsequent arrests or misconduct;
• Rehabilitation;
• Employment and community history;
• Substance use;
• Mental-health information;
• Character references;
• Public-safety considerations; and
• The public interest.

Our federal firearm rights restoration lawyers help applicants evaluate eligibility and prepare § 925(c) submissions.

Who May Apply Under § 925(c)?

DOJ states that individuals prohibited under the categories in § 922(g) may apply for Federal Firearm Rights Restoration.

For someone prohibited because of a felony conviction, the analysis should address:

• Whether the sentence is fully complete;
• How long ago the conviction or last portion of the sentence occurred;
• Whether the offense involved permanently presumptively disqualifying conduct;
• Whether a ten-year presumption applies;
• Whether a five-year presumption applies;
• Whether the applicant has recent arrests or misconduct;
• Whether extraordinary circumstances would need to be established;
• Whether state firearm rights remain restricted; and
• Whether another legal remedy is more direct.

Technical eligibility to submit an application does not establish that DOJ will grant relief.

How DOJ’s Waiting Periods May Affect a Felony Application

DOJ’s final rule establishes presumptions tied to particular convictions, conduct, statuses, and time periods.

Depending on the case:

• Certain violent or serious conduct may create a permanent presumption against relief;
• Certain drug-trafficking, weapons, explosives, threat, and other conduct may trigger a ten-year presumption;
• Other felonies may trigger a five-year presumption;
• Time may be measured from conviction or service of any part of the sentence;
• Current supervision, incarceration, unpaid obligations, or other sentence components may affect readiness;
• A prior denied application may create a reapplication presumption; and
• Extraordinary circumstances may be required to overcome a presumption.

Because the sentence definition may include probation, parole, restitution, community service, treatment, programming, and other unsatisfied requirements, the relevant date may not be the date of conviction or release from incarceration.

Read our guide to the five-year and ten-year waiting periods for § 925(c).

Does a Nonviolent Felony Present a Stronger Restoration Case?

A nonviolent felony may avoid some of DOJ’s most serious presumptions, but “nonviolent” does not automatically mean eligible or likely to receive relief.

DOJ may still examine:

• Whether the offense involved fraud, drugs, firearms, threats, or public-safety concerns;
• The maximum penalty;
• How long ago the conviction occurred;
• Sentence completion;
• Other arrests or misconduct;
• Financial responsibility;
• Rehabilitation;
• Community reputation;
• Substance use;
• Candor; and
• The reason relief is requested.

Our separate article addressing federal firearm restoration after a nonviolent felony focuses specifically on DOJ’s treatment of nonviolent convictions.

What Evidence Is Required for a § 925(c) Application?

The application process requires more than a statement that the conviction is old or that the applicant has changed.

Depending on the case, the applicant may need:

• State criminal-history records;
• Charging documents;
• The judgment of conviction;
• Plea documents;
• Presentence materials;
• Proof of sentence completion;
• Residential-history records;
• Foreign criminal-history records;
• Military records;
• Expungement, pardon, or restoration materials;
• Electronic fingerprints;
• Three qualifying character references;
• Rehabilitation evidence;
• Employment and educational records; and
• A complete explanation of unfavorable information.

If official documents cannot be obtained, DOJ may require a sworn statement describing the missing information, the efforts made to locate it, and why the document is unavailable.

Our guide to evidence for a strong § 925(c) application explains how the evidentiary record is developed.

Can State Firearm Relief Solve the Problem?

State firearm-rights restoration may be essential when state law independently prohibits possession.

Depending on the jurisdiction, state relief may involve:

• Expungement;
• Set-aside;
• Vacatur;
• Restoration of civil rights;
• A firearm-specific petition;
• A certificate of rehabilitation;
• A gubernatorial pardon; or
• Another statutory procedure.

State relief may also affect whether the conviction continues to count under federal law. But that effect must be evaluated under § 921(a)(20).

A state order may therefore:

• Remove both state and federal restrictions;
• Remove only the state restriction;
• Alter the federal analysis without resolving it;
• Preserve a firearm limitation; or
• Have no effect on the federal prohibition.

Do not assume that permission under state law alone makes federal possession lawful.

What If the Conviction Was Federal?

State expungement and gubernatorial pardon procedures generally cannot alter a federal conviction.

Potential remedies for a federal conviction may include:

• A presidential pardon;
• Relief under § 925(c);
• A successful post-conviction proceeding affecting the conviction itself; or
• Correction of an inaccurate federal record.

The availability and consequences of each remedy are different.

A § 925(c) grant addresses the federal firearm disability. A presidential pardon may address broader legal consequences associated with the federal offense. Neither necessarily removes independent state prohibitions.

What If the Conviction Was From a Court-Martial?

A general court-martial conviction may create a federal firearm prohibition if it meets the applicable federal definition. A dishonorable discharge can create a separate prohibition under § 922(g)(6).

Potential remedies may include:

• Correction of the military record;
• Review of the court-martial disposition;
• A presidential pardon;
• A discharge-related proceeding;
• § 925(c); or
• A combination of remedies.

A presidential pardon does not automatically upgrade a military discharge. A discharge upgrade does not necessarily eliminate a separate qualifying conviction.

Veterans and former service members can review our guide to firearm rights after a military discharge or court-martial.

What If the Conviction Was in Another State?

The effect of a state conviction generally depends substantially on the law of the jurisdiction in which the proceedings occurred.

Relevant relief may therefore need to be pursued in the convicting state—even if the person now lives elsewhere.

The current state of residence may also impose its own firearm restrictions. A complete analysis may require reviewing:

• The convicting state’s law;
• Any expungement or restoration procedure there;
• The current state’s possession laws;
• Federal law under § 921(a)(20);
• The language of any relief order; and
• Criminal-history reporting across both jurisdictions.

Nationwide federal representation does not mean one state remedy works identically everywhere.

Does a Successful Remedy Automatically Update NICS?

Not always.

Even after a conviction is expunged, pardoned, set aside, or followed by restoration, the relevant order may need to be transmitted to:

• The court’s records division;
• The arresting agency;
• The state criminal-history repository;
• The FBI;
• The NICS Section; and
• Other agencies maintaining the record.

If a later transaction is denied because the updated information was unavailable, the person may need:

• A formal NICS challenge;
• FBI Identity History Summary correction;
• Source-agency follow-up; or
• A VAF and UPIN application.

Legal relief and database implementation are related but separate parts of the process.

How Do You Determine Which Felony Remedy Applies?

The following chart provides a starting point:

A record-specific legal analysis should precede any filing.

How Much Does Federal Firearm Rights Restoration Representation Cost?

National Security Law Firm generally charges a flat fee beginning at $5,000 for comprehensive federal firearm rights restoration representation. More complex § 925(c) matters may begin at $7,500.

The scope may include:

• Federal eligibility analysis;
• Presumptive-disqualifier review;
• Criminal-history and sentence analysis;
• Required-document identification;
• Rehabilitation-evidence development;
• Character-reference preparation;
• Application preparation and filing; and
• Routine post-filing representation.

Separate state-court proceedings, gubernatorial pardons, presidential pardons, record-correction matters, litigation, or judicial review may require a different engagement and fee.

Review our explanation of federal firearm rights restoration fees and costs for information about legal fees, government charges, fingerprints, certified records, and expenses outside the representation.

Why Work With National Security Law Firm?

Federal firearm eligibility after a felony rarely turns on one document or one statute. The case may require coordinated analysis of:

• The original conviction;
• State relief;
• Federal law;
• Criminal-history reporting;
• NICS records;
• DOJ’s § 925(c) standards;
• Pardons; and
• Independent state restrictions.

National Security Law Firm’s federal firearms practice is led by former United States Attorney Duane “DAK” Kees. The firm represents clients nationwide in federal firearm rights restoration, NICS challenges, FBI record correction, presidential pardons, and related federal matters.

National Security Law Firm began preparing and submitting federal firearm rights restoration matters more than a year before DOJ finalized its rule and opened the public application portal. That early work gave our attorneys practical experience evaluating eligibility, reconstructing historical records, developing rehabilitation evidence, preparing character references, and adapting pending matters to an evolving federal process. It also allowed us to build relationships within the Office of the Pardon Attorney, which currently oversees the federal firearm rights restoration program.

The firm continues to represent clients in pre-portal federal firearm matters as DOJ implements its formal procedures. No prior submission guarantees approval, priority, or a specific decision timeline.

Frequently Asked Questions About Gun Rights After a Felony

Can I legally own a gun after a felony?

Possibly, but only if the conviction does not trigger a current federal or state prohibition or valid relief has removed the restriction. The conviction, jurisdiction, and relief must be reviewed.

Does it matter that I never went to prison?

The sentence actually served is not always controlling. Section 922(g)(1) generally focuses on whether the offense was punishable by imprisonment exceeding one year, subject to statutory exclusions.

Does a misdemeanor ever cause the federal felony prohibition?

Potentially. The federal definition does not depend solely on the state’s label. Certain state misdemeanors are excluded, including qualifying offenses punishable by two years or less.

Does an expungement automatically restore gun rights?

No. The effect depends on the expungement statute, order, remaining restrictions, and federal law.

Does restoring my voting rights restore my firearm rights?

Not necessarily. Restoration of civil rights requires a more complete analysis, including which rights were lost and restored and whether firearm restrictions remain.

Can a pardon restore gun rights?

Potentially. A presidential pardon applies to federal offenses, while a gubernatorial pardon applies to offenses within the relevant state. Separate prohibitions may remain.

Can I apply under § 925(c) after a felony?

DOJ permits individuals prohibited under § 922(g) to apply, but presumptive disqualifiers and discretionary standards affect whether relief may be granted.

Does § 925(c) restore state gun rights?

No. A federal grant does not automatically remove independent state or tribal prohibitions.

Can I try purchasing a firearm to see whether I pass NICS?

That is not a safe method for determining eligibility. Obtain a legal analysis before attempting to receive or possess a firearm.

Will a UPIN restore my rights?

No. A UPIN helps NICS locate retained clarifying information. It does not remove a valid firearm prohibition.

Find the Remedy That Fits Your Conviction

A felony conviction does not produce the same legal result in every case.

The path forward may be:

• Proving that § 922(g)(1) never applied;
• Correcting an inaccurate record;
• Enforcing an existing expungement;
• Establishing qualifying civil-rights restoration;
• Obtaining state firearm relief;
• Seeking a gubernatorial or presidential pardon;
• Applying under § 925(c); or
• Coordinating more than one remedy.

National Security Law Firm represents clients nationwide in complex federal firearm matters.

Schedule a consultation with our federal firearms team to have the conviction, subsequent relief, federal prohibition, and available remedies evaluated.

This article provides general information and is not legal advice. Firearm eligibility depends on the complete record and applicable federal and state law. Do not possess, receive, or attempt to purchase a firearm unless you are legally eligible. Government procedures may change. This website is an attorney advertisement.