Getting gun rights restored after a felony

Federal law makes it unlawful to have a gun or ammunition if you have been convicted, in any court, of a crime punishable by more than one year in prison. This is 18 U.S.C. 922(g)(1).^1,2,3

The ban covers shipping, transporting, possessing and receiving firearms and ammunition. The test is what the crime is punishable by, not only the sentence you got. Whether you count as "convicted" is decided under the law of the place where your case was heard. This is a federal rule, so it applies on top of any state law.

Two groups of offenses are left out of the federal definition: certain antitrust and business-regulation offenses, and state offenses that the state classifies as misdemeanors and that are punishable by two years in prison or less.^2,4

The state misdemeanor exception only works if the state calls the offense a misdemeanor and the top penalty is two years or less. A state misdemeanor with a higher maximum still counts. The Third Circuit case discussed below involved a Pennsylvania misdemeanor punishable by up to five years, and the exception did not apply to it.

A conviction that has been expunged or set aside, or for which you were pardoned or had your civil rights restored, is not counted under this federal law. The exception is when the pardon, expungement or restoration expressly says you may not have firearms.^2,5

This comes from 18 U.S.C. 921(a)(20). It means the exact wording of the state order matters, because some orders keep firearm limits in place. DOJ also says a state restoration of a state conviction may not remove federal limits, so read the order itself and ask a lawyer or the agency that issued it.

A separate federal ban, 18 U.S.C. 922(g)(9), covers anyone convicted of a misdemeanor crime of domestic violence.^1,2

The law defines this as a misdemeanor that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, by a current or former spouse, parent or guardian of the victim, a person who shares a child with the victim, a person who lives or lived with the victim as a spouse, parent or guardian, a person in a similar position, or a person in a current or recent dating relationship with the victim. A person is not treated as convicted unless they had a lawyer (or knowingly gave up that right) and, where a jury trial was available, had one or knowingly gave it up. An expungement, set-aside or pardon can end this ban unless it expressly keeps firearm limits. A civil rights restoration counts only if the law of that place takes away civil rights for the offense. A special rule applies to dating-relationship cases. Read 18 U.S.C. 921(a)(33) for the full text.

Federal law (18 U.S.C. 925(c)) lets a person who is barred from having firearms apply to the Attorney General for relief from the federal ban. DOJ restarted that program with a final rule published August 20, 2026, effective September 21, 2026.^6,7,8

The Attorney General may grant relief if the applicant shows they are not likely to act in a way that is dangerous to public safety and that relief would not be contrary to the public interest. A person who is denied may ask the U.S. district court where they live to review the denial. The program was effectively unusable for decades: the final rule says Congress stopped ATF from spending money on these applications beginning in 1992. DOJ took the program away from ATF with an interim final rule on March 20, 2025, a proposed rule on July 22, 2025, and then issued the final rule (91 FR 54054). The final rule adopted the interim rule's changes and replaced the proposal; the proposed rule was never law on its own. Relief under it removes federal limits only. It does not remove state-law limits.

The program is run by DOJ's Office of the Pardon Attorney, not ATF. As of October 29, 2026, it is opening in stages and is not yet open to everyone.^5,7,9,10

DOJ's posted schedule is: September 25, 2026, open to invited candidates; November 4, 2026, open to the public, but only the first 5,000 candidates can apply, first come, first served; January 4, 2027, 500 more candidates can apply and the application fee begins. DOJ says the staged start is meant to test its online system before it opens wider. When we checked, its pages said the online application was "coming soon." The schedule may change, so check justice.gov/ffrr. Applications go through the Office of the Pardon Attorney. People barred under any part of 18 U.S.C. 922(g)(1) through (g)(9) may apply.

DOJ says the application fee is $30 and is not refundable. You may ask for the fee to be waived or lowered.^5,7,11

The rule says the fee may be waived or reduced because of indigency, and you must give your reasons. DOJ's page says more detail on waivers is coming. DOJ's schedule says the fee begins January 4, 2027. You may also have to pay separately for fingerprints, criminal records and court documents, and those costs vary by place. The Attorney General must review the fee at least every two years.

An application asks for your criminal records, court papers, fingerprints and three character references.^5,7,12,13

For a conviction that carries the federal ban, DOJ lists the charging document, the judgment of conviction, and an official document showing the date you finished every part of your sentence. A plea agreement, the factual basis for a plea and a presentence report are needed if they exist. You also need state criminal records covering the last 25 years, or since age 18 if that is shorter, for each place you lived and each place you were arrested. If you applied in your state to expunge a conviction or restore rights, the rule asks for a copy of that application and the decision. DOJ says you get fingerprinted after you submit the first part of the online form and receive a QR code by email, and that it accepts only electronic fingerprints taken at a participating post office. The rule asks for sworn statements from three people who are not related to you and have known you at least three years, and a sworn statement from you. Once you start the online form, DOJ says you have 30 days to finish it.

The rule sets presumptions against relief. Unless there are extraordinary circumstances, DOJ will deny an application if the person has certain felony convictions, no matter how long ago.^7,9,14

These include felonies involving the death of another person, rape, sexual abuse or sexual assault, human trafficking, kidnapping, domestic or intimate partner violence, burglary, robbery, extortion, carjacking, arson, violent racketeering, gang-related offenses, maiming, assault or battery, stalking, escape or rescue of a person in custody, terrorism and witness tampering. A felony in which the person brandished or discharged a firearm or used an explosive is also on the list, as are attempting, soliciting, conspiring, or aiding or abetting any of these. DOJ may look at the facts behind an offense, not only its name. DOJ says you must disclose past convictions even if they were expunged, pardoned or set aside. See 28 CFR 107.50 for the full text.

Other presumptions depend on how recent a conviction is or on your current status. Unless there are extraordinary circumstances, DOJ will deny an application in these cases.^7,9,14

Within the last 10 years: a conviction or time served for a felony involving drug manufacturing or distribution, threats of violence, explosives, certain firearm offenses, weapons on school property or animal abuse, or for a misdemeanor crime of domestic violence. For a misdemeanor crime of domestic violence, the 10-year period starts over if, during it, you are arrested for a felony, another domestic violence misdemeanor or certain violent offenses (unless a court found no misconduct or the charge was dismissed on the merits), or become subject to another federal firearm ban. Within the last 5 years: a conviction or time served for any other felony, or for an assault, battery or stalking offense or a threatened act of violence. Current status: awaiting sentencing, serving any part of a sentence, in a diversion or similar program, subject to certain other federal firearm bans, an unlawful user of or addicted to a controlled substance, or required to register under a sex-offense registry law because of the offense that caused the ban. The rule defines "sentence" to include probation, parole and unpaid fines, restitution and other penalties. See 28 CFR 107.50.

Relief is not automatic and DOJ makes no promise of any result. DOJ may grant an application, deny it, or say it has too little information to decide. A person who is denied may ask a federal district court to review.^5,7,15

DOJ says review is in the U.S. district court where you live, and that you may reapply, usually after a waiting period. Under the rule, a new application is presumed to be denied if an earlier one was denied for a reason on the permanent list, or if an earlier one was denied within the last 5 years for most other reasons. If DOJ grants relief, the FBI updates the national background check system, and your name and the date of the grant are published in the Federal Register. A grant does not remove any state-law limit.

For a federal conviction, a full presidential pardon removes the federal firearm ban that came from that conviction. Pardon requests go to DOJ's Office of the Pardon Attorney.^5,16

DOJ's FAQ says a full pardon removes penalties and disabilities, including a firearm disability, that resulted from the federal conviction. If you have a separate reason for the ban, such as a state conviction, you may still need relief for that. A pardon is the President's decision. The Office of the Pardon Attorney posts a form for people who have a federal conviction and have finished their sentence, on its Apply for Clemency page. The President's power covers federal offenses, not state convictions.

States use different paths to restore gun rights after a conviction. Common ones are a pardon, an expungement or set-aside, a restoration of civil rights, and a court or board process aimed at firearm rights.^{17,18,19,20,21,22}

The state examples below show each path. Which path exists, who can use it and how long you must wait depends on the state, the offense and the sentence. Several of the examples treat violent or serious offenses differently or close the door to them. A state process works under state law. Check how it affects the federal ban before you rely on it.

State restoration may not lift the federal ban, and a state cannot undo the federal ban from a federal conviction.^2,5,17

DOJ says state restoration of rights does not remove limits that come from a federal conviction, and that a state restoration of a state conviction also may not remove federal limits. Under 18 U.S.C. 921(a)(20), a state pardon, expungement, set-aside or civil rights restoration ends the federal ban for that conviction unless it expressly keeps firearm limits. Florida's clemency materials show the gap: the Clemency Board will not consider firearm requests from people convicted in federal or out-of-state courts. Ask the state agency, or a lawyer, how a particular order treats federal law.

Texas

Texas law bars firearms after a felony conviction until 5 years after release from confinement or supervision, whichever date is later. After that, Texas law still makes it a crime to possess a firearm anywhere other than the place where you live. The federal ban applies separately and has no such home exception.^1,23

This is Texas Penal Code 46.04(a). Possessing a firearm in violation of it is a third-degree felony. A separate rule bars firearms for 5 years after a family-violence assault conviction punishable as a Class A misdemeanor (46.04(b)); that kind of conviction may also bring the federal domestic violence ban in 18 U.S.C. 922(g)(9). These are limits under Texas law only. Meeting the Texas waiting period does not lift the federal ban in 18 U.S.C. 922(g)(1).

Florida

The Clemency Board can restore the "specific authority to own, possess, or use firearms" lost because of a Florida felony conviction. The Commission's information sheet says applicants may apply 8 years after finishing all terms of their sentence.^17,24,25

The sheet says applicants may not have outstanding detainers or pending criminal charges, and it sets rules about unpaid court-ordered financial obligations and restitution. An investigation with a personal interview is part of the process. A full pardon that includes firearm rights is a separate request with a 10-year wait. A Florida Restoration of Civil Rights, and a Pardon Without Firearm Authority, both leave out the authority to own, possess or use firearms. People convicted in federal, military or out-of-state courts cannot apply for Florida firearm authority. Florida clemency works under state law; check how a particular grant affects the federal ban before you rely on it. The Office of Executive Clemency can be reached at 1-800-435-8286.

Virginia

A person barred under Virginia law may petition the circuit court where they live for an order that restores the right to possess firearms. A person with a felony conviction must first have their civil rights restored by the Governor or other appropriate authority.^18,26

This is Va. Code 18.2-308.2(C). A person who lives outside Virginia petitions the circuit court where they were last convicted. The petition is sent to the attorney for the Commonwealth, who may respond. The court holds a hearing if either side asks, and it may grant the petition in its discretion and for good cause shown. The Secretary of the Commonwealth says the Governor does not restore firearm rights, and that a court must. A Virginia restoration order works under state law; check how it affects the federal ban before you rely on it.

Ohio

A person barred from having firearms may apply to the court of common pleas in the county where they live for relief from weapons disability, under Ohio Revised Code 2923.14.¹⁹

The court may grant relief only if the person is fully discharged from prison, community control, post-release control and parole, has led a law-abiding life since, appears likely to keep doing so, and is not otherwise prohibited. The county prosecutor is served and may object. Court costs are charged to the applicant. The relief covers only the convictions listed in the application, and a court can revoke it for good cause. The section cannot be used by a person convicted of a violation of section 2923.132, or by a person with two or more felony convictions that carried certain firearm specifications. The statute page shows it was last effective September 14, 2016. Ohio relief works under state law; check how it affects the federal ban before you rely on it.

Georgia

Georgia's State Board of Pardons and Paroles handles pardons and restorations of rights. Its FAQ says a restoration of civil and political rights does not include firearm rights, and that restoring firearm rights is a separate request on the application.²⁷

The Board says you check a separate line on the application for firearm rights and that a personal interview is required. For a pardon, you must have finished your sentence at least 5 years before applying, have no pending charges and have paid your fines. For a restoration of civil and political rights, the wait is at least 2 years and you must live in Georgia. The Board says there is no application fee and that processing usually takes about six to nine months. A Georgia grant works under state law; check how it affects the federal ban before you rely on it.

Minnesota

In Minnesota, the discharge order for a person convicted of a crime of violence must bar firearms for life, unless the person later gets relief. That person may petition a court to restore the ability to possess firearms.^2,22

Under Minn. Stat. 609.165, subd. 1d, the court may grant the petition if the person shows good cause and has been released from physical confinement. If the petition is denied, the person may not file another for three years without the court's permission. The statute also says a discharge restores civil rights generally, and that the lifetime state limit does not apply to someone who has received relief under 18 U.S.C. 925 or a court restoration. Under 18 U.S.C. 921(a)(20), a restoration of rights that expressly bars firearms, as these discharge orders must, does not lift the federal ban. A Minnesota court restoration works under state law; check how it affects the federal ban before you rely on it.

Washington

A person barred under Washington law may petition a superior court to restore the right to possess a firearm, unless the conviction was for a felony sex offense, a class A felony, or a felony with a maximum sentence of at least 20 years.^28,29

Under RCW 9.41.041, the petition is filed in a superior court in a county that entered any of the prohibitions. The person must have spent 5 consecutive years in the community without a new conviction that bars firearms (for any felony and certain listed gross misdemeanors and misdemeanors), or 3 years for other non-felony crimes. The person must have no pending charges, must have completed sentencing conditions other than non-restitution fines and fees, and must have no prior felony convictions that would count in an "offender score" under RCW 9.94A.525, and no out-of-state conviction that bars firearms in that state. The prosecutor reviews the records, the court may set a hearing, and the court grants the petition only if every requirement is met. Separately, RCW 9.41.040(3) says a conviction that was pardoned, annulled or given a certificate of rehabilitation based on a finding of rehabilitation, or pardoned or annulled based on a finding of innocence, does not bar possession under state law. The petition process was added by a 2023 law. A Washington restoration works under state law; check how it affects the federal ban before you rely on it.

Arizona

In Arizona, a person who has finished probation or a sentence and been discharged may ask the court to set aside the conviction. If the court does, the right to possess a firearm is restored unless the conviction was for a serious offense.^20,21

A.R.S. 13-905 sets this out. It does not apply to dangerous offenses, offenses that require sex-offense registration, or certain other offenses, and the clerk may not charge a filing fee for the application. For serious offenses, A.R.S. 13-910 says a person cannot file for restoration of the right to possess a firearm until 10 years after absolute discharge, and restoration is in the judge's discretion. A person convicted of a dangerous offense cannot file for restoration at all. An Arizona set-aside or restoration works under state law, and a set-aside conviction can still be used as a prior conviction in Arizona; check how it affects the federal ban before you rely on it.

Since 2022, some federal courts have ruled on challenges to 922(g)(1). In Range v. Attorney General (Dec. 23, 2024), the full Third Circuit held the ban could not be applied to Bryan Range.⁴

Range pleaded guilty in 1995 to a Pennsylvania misdemeanor punishable by up to five years, and the court noted that more than two decades had passed since his conviction and the end of his sentence. The court said the record had no evidence that he poses a physical danger and that the government had not shown a history and tradition of disarming people like him. The court called its decision narrow: it applied only to Range, given his offense. It does not end the ban for others. Possessing a firearm while barred remains unlawful under 922(g) unless a court or agency has granted relief.

The law varies by federal circuit. The Tenth Circuit has upheld 922(g)(1), and the Supreme Court declined to review that decision.^30,31

A Tenth Circuit order dated April 27, 2026 says that court held in Vincent v. Bondi (decided February 11, 2025) that its earlier reasoning upholding 922(g)(1) still stands after United States v. Rahimi. The Supreme Court's docket (No. 24-1155) shows the petition for review was denied on March 2, 2026. The April 2026 order is not a binding precedent itself; it describes the Vincent ruling. Other courts may decide these cases differently, and rulings can change. A lawyer in your circuit can say what the law is where you live.

For federal relief, start at DOJ's Federal Firearm Rights Restoration page (justice.gov/ffrr), which has the schedule, required documents, fee information, FAQ and a contact link for the Office of the Pardon Attorney. For state processes, contact the state's clemency board, court or other agency named above.^{9,18,19,24,27}

Examples: Florida's Office of Executive Clemency (1-800-435-8286), Georgia's State Board of Pardons and Paroles, or the circuit court in Virginia or the common pleas court in Ohio for the court petitions described above. DOJ's pages say its online application is not yet open to everyone, and that some fee and waiver details are still coming.

USAGov lists programs that can help you find a free or low-cost lawyer, including Legal Services Corporation's directory and LawHelp.org. Whether a program takes a gun-rights restoration case varies, so ask before you rely on it.³²

USAGov says these programs give free legal advice and may help you find a free or low-cost attorney, and that some limit services to people with low incomes. Its page does not say which programs handle firearm-rights cases.