Can you own a gun with a felony?

The rules

• Federal law makes it unlawful to have a firearm or ammunition if you have been convicted, in any court, of a crime punishable by imprisonment for more than one year.^1,2,3

  18 U.S.C. 922(g)(1). The statute covers shipping, transporting, possessing and receiving. The test is what the crime is punishable by, not the sentence you actually got, so a conviction that drew only probation can still count. Knowingly violating 922(g) is punishable by up to 15 years in prison (18 U.S.C. 924(a)(8)). ATF's list of prohibited persons says the same. This is federal law, so it applies on top of whatever your state allows.

• The federal ban covers ammunition as well as guns.^1,2,4

  922(g) says 'any firearm or ammunition,' and the Code defines ammunition as ammunition or cartridge cases, primers, bullets, or propellent powder designed for use in any firearm (18 U.S.C. 921(a)(17)(A)). Selling or otherwise disposing of a gun or ammunition to someone you know or have reasonable cause to believe has such a conviction, or is under indictment for such a crime, is also a federal crime for the seller or giver (922(d)(1)). Knowingly making a false statement to a licensed dealer about a fact material to the lawfulness of a sale is a separate federal offense (922(a)(6); up to 10 years under 924(a)(2)).

• The federal 'crime punishable by more than one year' does not include certain antitrust and business-regulation offenses, or a state offense that the state classifies as a misdemeanor and punishes with two years or less.^4,5

  18 U.S.C. 921(a)(20)(A)-(B). Both parts of the state exception have to be true: the state must call it a misdemeanor and the maximum must be two years or less. A state misdemeanor with a higher maximum still counts; the Third Circuit's Range opinion describes a Pennsylvania misdemeanor punishable by up to five years that the exception did not cover. Whether you count as 'convicted' is decided under the law of the place where your case was heard.

• A conviction that was expunged or set aside, or one for which you were pardoned or had your civil rights restored, does not count under the federal ban unless the pardon, expungement or restoration expressly says you may not have firearms.^4,6

  18 U.S.C. 921(a)(20), last sentence. The wording of the order matters: some state orders restore civil rights but keep firearm limits, and those do not lift the federal ban. DOJ's own FAQ also says a state restoration of a state conviction may not remove federal limits and that a state restoration does not remove limits from a federal conviction, so read the order itself or ask the agency or court that issued it.

• A separate federal ban covers anyone convicted of a misdemeanor crime of domestic violence.^1,4

  18 U.S.C. 922(g)(9) and the definition in 921(a)(33). The offense must be a misdemeanor with, 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 similarly situated person, or (with special rules) a person in a current or recent dating relationship. You are not treated as convicted unless you 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 ends this ban unless it expressly keeps the firearm limit, and a civil-rights restoration counts only where the law of that place takes civil rights away for the offense. For a dating-relationship case, 921(a)(33)(C) has a separate rule that can lift the ban after five years for someone with only one such conviction who is not otherwise barred; read that paragraph for the conditions.

• While you are under indictment for a crime punishable by more than one year, federal law makes it unlawful to ship or transport a firearm or ammunition in interstate or foreign commerce, or to receive one that has been shipped or transported in interstate or foreign commerce.^1,3

  18 U.S.C. 922(n) (ATF's page also lists it). This applies to a pending charge, not a conviction, and the text covers shipping, transporting and receiving; it does not use the word 'possess.' Selling or otherwise disposing of a firearm or ammunition to someone you know or have reasonable cause to believe is under indictment for such a crime is also barred (922(d)(1)). Other federal and state rules may still apply while a case is pending.

• The federal definition of 'firearm' leaves out 'antique firearms,' a defined group that includes guns made in or before 1898 and certain black-powder muzzle-loaders. This is the federal definition only; state laws use their own.^4,7

  18 U.S.C. 921(a)(3) says the term 'firearm' does not include an antique firearm. Under 921(a)(16), 'antique firearm' means (A) any firearm, including one with a matchlock, flintlock, percussion cap or similar ignition system, made in or before 1898; (B) a replica of such a gun that is not designed or redesigned for rimfire or conventional centerfire fixed ammunition, or that uses such ammunition only if it is no longer made in the United States and not readily available in ordinary commercial channels; or (C) a muzzle-loading rifle, shotgun or pistol designed to use black powder or a black powder substitute that cannot use fixed ammunition. For part (C), the term does not include a weapon that incorporates a firearm frame or receiver, a firearm converted into a muzzle-loader, or a muzzle-loader that can readily be converted to fire fixed ammunition by replacing the barrel, bolt, breechblock or any combination of them. State bans use their own definitions; Texas, for example, defines 'firearm' in Penal Code 46.01(3) with its own antique exclusion.

• Some people have asked courts to rule that the federal ban cannot be applied to them, and federal appeals courts in different circuits have reached different results; a ruling in one person's case does not lift the ban for anyone else.^{5,8,9,10,11,12}

  Range v. Attorney General (full Third Circuit, December 23, 2024): the court held that 922(g)(1) could not be applied to Bryan Range, who had a 1995 Pennsylvania conviction for a misdemeanor punishable by up to five years. The court called its decision 'a narrow one' and said Range had challenged the law only as applied to him. Vincent v. Bondi (Tenth Circuit, February 11, 2025): the court rejected Melynda Vincent's claim that the Second Amendment bars applying 922(g)(1) to her after a federal bank fraud conviction, holding that its earlier precedent upholding the law still stands after United States v. Rahimi; the Supreme Court denied review on March 2, 2026 (No. 24-1155). United States v. Hembree (Fifth Circuit, January 27, 2026): according to the government's petition, the court held that 922(g)(1) violated the Second Amendment as applied to a man whose earlier felony was a Mississippi conviction for possessing methamphetamine; the Supreme Court denied the government's petition on October 5, 2026 (No. 25-1219). Each of these decisions is about one person's record in one circuit; none of them sets a rule for the whole country. Unless a court or agency has granted relief in your own case, possessing a firearm while barred remains a federal crime, and which decisions matter depends on your circuit and your own record.

What can stand in the way

• A state can bar you even when federal law does not, for example after certain misdemeanors.^7,13,14

  California makes it a felony to own or have a firearm after a felony conviction under the laws of the United States, California or any other state or country, with limited exceptions for some federal and out-of-state convictions (Penal Code 29800). Penal Code 29805 separately bars firearms for 10 years after conviction of many listed misdemeanors, including assault, battery, certain threats and stalking, and with no end date after a misdemeanor conviction under Penal Code 273.5 on or after January 1, 2019. Texas bars firearms after a felony until the fifth anniversary of release from confinement or supervision, whichever is later, and after that anywhere other than where the person lives (Penal Code 46.04(a)).

• Restoring your civil rights does not always restore the right to have a gun.^4,15,16,17

  Florida's statute exempts a person whose civil rights and firearm authority have both been restored (790.23(2)(a)). Florida's Office of Executive Clemency says a Restoration of Civil Rights restores the rights of citizenship except the specific authority to own, possess or use firearms, which is a separate form of clemency. Under 18 U.S.C. 921(a)(20), a restoration that expressly keeps the firearm ban does not lift the federal ban either.

• DOJ's rule sets presumptions against relief for many records, including permanent ones for certain felonies and 5-year and 10-year periods for others.^18,19

  Unless there are extraordinary circumstances, DOJ says it will deny an application if the person is in a listed current status (such as awaiting sentencing, serving any part of a sentence, in a diversion program, or an unlawful user of or addicted to a controlled substance, unless marijuana is the only drug involved), or has a listed conviction: a permanent list of felonies involving conduct such as the death of another person; rape, sexual abuse or sexual assault; kidnapping; domestic violence; burglary; robbery; arson; maiming, assault or battery; stalking; and brandishing or discharging a firearm; a 10-year list that includes felonies involving drug trafficking, threats of violence, explosives or certain firearm-related conduct, and misdemeanor crimes of domestic violence; and a 5-year period for any other felony and for misdemeanor assault, battery, stalking or threatened acts of violence. You must disclose past convictions even if they were expunged, pardoned or set aside. See 28 CFR 107.50 and DOJ's page for the full text.

Waivers and exceptions

• Federal relief: the Justice Department's firearm rights restoration program under 18 U.S.C. 925(c) is being reopened in stages, and as of October 31, 2026 the online application was still marked 'coming soon.'^{6,19,20,21,22,23,24}

  Section 925(c) lets a person barred from having firearms apply to the Attorney General, who may grant relief if the circumstances of the disability and the applicant's record and reputation show the applicant will not be likely to act in a manner dangerous to public safety and that relief would not be contrary to the public interest; a person who is denied may petition the U.S. district court where they live for review. DOJ published a final rule on August 20, 2026 (91 FR 54054), effective September 21, 2026, and DOJ says all applications go through the Office of the Pardon Attorney, not ATF. DOJ's posted schedule: September 25, 2026, the application opens to invited candidates; November 4, 2026, it opens to the public, and the first 5,000 candidates can apply; January 4, 2027, 500 more candidates can apply and the application fee begins. DOJ lists a $30 non-refundable application fee. Applicants may ask for it to be waived or reduced, the fee may be waived or reduced because of indigency, and DOJ says more information about the waiver process will be made available soon. DOJ's FAQ says fingerprints, criminal records and other parts of the process may cost extra. Anyone barred under 922(g) may apply, but applications from people with listed convictions or statuses will be denied unless they show extraordinary circumstances (see barriers). Relief is not automatic: DOJ may grant an application, deny it, or find there is not enough information to decide. DOJ says the program cannot remove a state firearm prohibition. The schedule may change, so check justice.gov/ffrr.

• For a federal conviction, a full presidential pardon removes the federal firearm ban that came from that conviction.⁶

  DOJ's FAQ says a full pardon removes penalties and disabilities, including a firearm disability, from the federal conviction, but if you have another basis for the ban, such as a state conviction, you may still need relief for that. Pardon requests go through the Office of the Pardon Attorney.

• For a state conviction, a state pardon, expungement, set-aside or restoration of rights can end the federal ban for that conviction, unless the order expressly keeps the firearm limit.^4,6

  18 U.S.C. 921(a)(20). DOJ's FAQ adds that a state restoration of a state conviction may not remove federal limits, so the exact terms of the order decide it. Whether such a route exists, who can use it and how long you must wait depends on the state; see state examples.

• Some states have a court or board process aimed at firearm rights.^16,17,25

  Virginia lets a person petition the circuit court for a restoration order, but a person with a felony conviction must first have civil rights restored by the Governor or other appropriate authority, and the court may grant the petition in its discretion and for good cause shown (Va. Code 18.2-308.2(C)). In Florida, the Clemency Board can grant the 'Specific Authority to Own, Possess, or Use Firearms.' The Office of Executive Clemency's information sheet says applicants may apply 8 years after completing all terms of sentence and that the Board will not consider firearm-authority requests from people convicted in federal or out-of-state courts. The office can be reached at 1-800-435-8286. A state process works under state law; check how it affects the federal ban before you rely on it.

How states handle it

The federal ban is the same everywhere and applies on top of state law. States then add their own bans, which may mirror the federal rule, last for a set period, reach some misdemeanors, or allow possession only at home, and each has its own restoration route (a pardon, an expungement or set-aside, a civil-rights restoration, a court petition, or a clemency board). A state restoration can remove the state ban without removing the federal one, and the reverse can also be true.

• Texas

  A person convicted of a felony commits a third-degree felony by having a firearm before the fifth anniversary of release from confinement or supervision, whichever is later, and after that period may have one only at the place where they live (Penal Code 46.04(a), (e)). A separate 5-year bar applies after a family-violence assault conviction punishable as a Class A misdemeanor (46.04(b)). This is state law only; it does not lift the federal ban, which has no exception for the home.⁷

• California

  Owning, buying, receiving or having a firearm after a felony conviction under the laws of the United States, California or any other state or country is a felony in California, with limited exceptions for some federal and out-of-state convictions (Penal Code 29800). A separate statute, Penal Code 29805, bars firearms for 10 years after conviction of many listed misdemeanors and, for some domestic violence misdemeanors, with no end date (see barriers).¹³

• Florida

  Owning or having a firearm or ammunition after a felony conviction in Florida, a federal felony, or an out-of-state felony punishable by more than one year is a second-degree felony (first-degree in some cases) unless the person's civil rights and firearm authority have been restored or the record was expunged under s. 943.0515(1)(b) (Fla. Stat. 790.23).¹⁵

• Virginia

  Knowingly and intentionally possessing or transporting a firearm or ammunition after a felony conviction is a Class 6 felony in Virginia, with a mandatory minimum of five years in prison for someone previously convicted of a violent felony and two years for someone convicted of any other felony within the prior 10 years. A person barred under the statute may petition the circuit court for a restoration order, but a person with a felony conviction must first have their civil rights restored by the Governor or other appropriate authority, and the court decides in its discretion and for good cause shown (Va. Code 18.2-308.2(A), (C)).²⁵

What to do next

1. Find out exactly what you were convicted of and what the maximum penalty for it was under the law of the place where your case was heard. The federal test is the maximum, not the sentence you received, and whether the state called it a misdemeanor or a felony.
2. Check whether the conviction was ever expunged, set aside, pardoned or had your civil rights restored, and read the order itself for any language that says you may not have firearms.
3. Check for the separate federal bans: a misdemeanor crime of domestic violence, or an indictment that is still pending.
4. Look up your own state's law and the agency or court that handles restoration (see state examples); a state rule can be stricter than the federal rule.
5. While you work out where you stand, keep in mind that having a gun or ammunition while barred is a federal crime, and so is knowingly giving a dealer a false answer about a fact that matters to the sale. A lawyer, a legal aid program or the agency that issued your order can look at your own record.
6. If you want federal relief, watch justice.gov/ffrr for the date the application opens to you, collect your court records and sentence-completion documents first, and read the presumptions before you apply.

Where to ask

• DOJ: Federal Firearm Rights Restoration

  Federal relief under 18 U.S.C. 925(c): the opening schedule, who can apply, presumptive disqualifiers, documents, fee and FAQ.

• DOJ Office of the Pardon Attorney: Federal Firearm Rights Restoration FAQ

  How pardons and state restorations interact with the federal ban, and how the program works.

• 18 U.S.C. 922: Unlawful acts

  The federal ban, including (g)(1), (g)(9) and (n).

• 18 U.S.C. 921: Definitions

  What counts as a crime punishable by more than one year, including the expungement and restoration rule in (a)(20).

• ATF: Identify Prohibited Persons

  ATF's list of the people federal law bars from firearms and ammunition.

• Florida Office of Executive Clemency

  Example of a state clemency route that includes firearm authority.

Felony or misdemeanor?

Some of the rules on this page treat felonies and misdemeanors differently, and each state decides which crimes are which. See how your state grades crimes, or check a specific charge on Is it a felony?.

Could clearing your record help?

In many states a sealed or expunged record no longer shows up on most background checks, though agencies and licensing boards can often still see it. See how record clearing works in your state.