A convicted felon generally cannot get a gun permit, because federal law bars anyone convicted of a crime punishable by more than one year in prison from possessing a firearm at all. The ban applies nationwide and a permit cannot override it. It is not always permanent, though. A pardon, an expungement, or a formal restoration of civil rights can lift the prohibition, and once both federal and state disabilities are cleared, a standard permit application becomes possible.
Why the Federal Ban Blocks a Permit
Under 18 U.S.C. § 922(g)(1), anyone convicted in any court of a crime punishable by more than one year of imprisonment is prohibited from shipping, transporting, receiving, or possessing firearms or ammunition.1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts What matters is the potential sentence, not the sentence actually served. If the offense carried a possible prison term over one year, the ban applies even when the judge imposed probation or a shorter term.
Because the prohibition covers possession itself, no state gun permit can lawfully be issued to someone still subject to it. The background check run through the National Instant Criminal Background Check System will flag the disqualifying conviction and the application will be denied.
One thing worth flagging for readers who landed here with something other than a felony: § 922(g) covers nine categories of prohibited persons, and a misdemeanor crime of domestic violence carries the same federal firearm ban as a felony.1Office of the Law Revision Counsel. 18 USC 922 Unlawful Acts The pathway back is similar, but the trigger is different.
Convictions That Don’t Actually Trigger the Ban
Not every serious-sounding conviction disqualifies someone. Federal law carves out two categories. Federal and state offenses tied to antitrust violations, unfair trade practices, and similar business regulation crimes do not count, whatever the potential sentence. And any state offense classified as a misdemeanor under state law and punishable by two years or less does not count, even though the potential sentence exceeds one year.2Office of the Law Revision Counsel. 18 USC 921 Definitions
That second carve-out matters more than people realize. Some states label offenses as misdemeanors while allowing sentences up to two years. If the state calls it a misdemeanor and the ceiling is two years or less, the federal firearm ban is not triggered.
Antique firearms are also outside the definition of “firearm” for federal purposes. Federal law defines them as guns manufactured in or before 1898, certain replicas that do not use modern fixed ammunition, and muzzle-loading black powder firearms that cannot accept fixed ammunition.3Office of the Law Revision Counsel. 18 US Code 921 – Definitions State law may still prohibit a felon from possessing them, so the exception is narrower than it sounds.
State Laws Add Another Layer
Federal law is the floor. States impose their own firearm prohibitions on top of it, and those can be stricter in several ways. Some states extend the ban to misdemeanor convictions beyond domestic violence. Others prohibit possession for specific offenses like stalking, DUI, or drug crimes that would not trigger the federal ban. A handful impose lifetime bans for all felonies with no restoration pathway.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
The dual-layer system creates a trap for anyone focused only on federal rules. A state expungement might restore firearm rights under that state’s laws while leaving the federal prohibition intact, or the reverse. Both levels must be clear before a permit application can succeed.
Restoring Rights After a State Felony
People with state felony convictions have more options than those convicted federally. The specific process depends on the state, and the main pathways fall into a few categories.
Pardons
A governor’s pardon is an act of executive clemency that can restore civil rights lost because of a conviction, including firearm rights. In many states, a full and unconditional pardon restores all civil rights.5State of Delaware Board of Pardons. Frequently Asked Questions Governors often require a substantial waiting period after the sentence ends before considering an application, and approval rates tend to be low.
Expungement or Record Sealing
Expungement removes a conviction from the criminal record. If a state court grants it, the conviction no longer exists for purposes of state law, which can restore state firearm rights. Some states require a pardon before an expungement can be granted for a felony. Record sealing works similarly but usually hides the record rather than destroying it.
Formal Rights Restoration
Some states offer a dedicated legal process to restore civil rights without a pardon or expungement. These procedures go by different names, including certificates of rehabilitation and petitions for restoration of rights. They typically require a waiting period, evidence of law-abiding behavior, and sometimes a court hearing. A few states restore certain civil rights automatically once a person completes their full sentence, including probation and parole.
The Federal Catch
Here is where most people get tripped up. Restoring firearm rights under state law does not automatically remove the federal ban. For a state restoration to lift the federal disability, it must meet 18 U.S.C. § 921(a)(20): the conviction must have been expunged or set aside, or the person must have been pardoned or had civil rights restored, and the pardon, expungement, or restoration must not expressly prohibit firearm possession.2Office of the Law Revision Counsel. 18 USC 921 Definitions
The Supreme Court addressed this in Caron v. United States, holding that if a state restores civil rights but places any restriction on firearm possession, the federal ban stays in effect for all firearms, not just the restricted type.6Legal Information Institute. Caron v United States It is all or nothing. If the state says you can have rifles but not handguns, the federal government treats that as an express firearms restriction and the federal disability remains fully in place.
Restoring Rights After a Federal Felony
Federal convictions are harder to overcome. State expungements, pardons, or rights restorations do not remove the federal firearm disability for a federal conviction, because the conviction did not occur under state law.
A presidential pardon is the established pathway. A full presidential pardon for a federal felony removes the conviction as a basis for the firearm prohibition. These are rare and the application runs through the Department of Justice’s Office of the Pardon Attorney.
Federal law also authorizes the Attorney General to grant individual relief from firearm disabilities under 18 U.S.C. § 925(c), on a showing that the applicant is not likely to be dangerous and that restoring rights would serve the public interest.7Office of the Law Revision Counsel. 18 USC 925 Exceptions – Relief From Disabilities For decades, Congress blocked ATF from spending any money to process these applications, leaving the provision effectively dead. As of early 2026, the Department of Justice has published a proposed rule in the Federal Register to revive the program.8U.S. Department of Justice. Federal Firearm Rights Restoration Under 18 US Code 925(c) No final rule has been published, and no applications are being accepted as of this writing. If finalized, it would create a second pathway beyond a presidential pardon.
Where Constitutional Challenges Stand
The legal ground is shifting. The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen changed how courts evaluate firearm regulations, requiring the government to show that a restriction is consistent with the nation’s historical tradition of firearm regulation. That standard has opened challenges to 18 U.S.C. § 922(g)(1) as applied to nonviolent felons.
In Range v. Attorney General, the Third Circuit ruled that permanently disarming a man whose only felony was a minor food-stamp fraud violated his Second Amendment rights. The court held that the government failed to show a historical tradition of disarming people who posed no threat to public safety or the government.9United States Court of Appeals for the Third Circuit. Range v Attorney General of the United States
Other circuits have gone the opposite way. The Fourth, Eighth, and Eleventh Circuits have upheld the felon firearm ban after Bruen, and the Supreme Court has so far declined to take up the issue directly. Whether a nonviolent felon can successfully challenge the ban depends partly on where they live. The federal ban remains enforceable everywhere, and counting on a constitutional challenge as a route to firearm access is risky.
Applying for the Permit Once Rights Are Restored
With both federal and state disabilities cleared, the permit process works the same as it does for anyone else, plus documentation. Keep certified copies of whatever restored your rights: a court order, a pardon certificate, an expungement order, a certificate of rehabilitation. Without that paperwork, the background check will flag the original conviction and the application will be denied.
The application itself varies by state. It generally involves submitting paperwork to a local or state law enforcement agency, undergoing a background check through the National Instant Criminal Background Check System, providing fingerprints, showing proof of residency, and in many states completing a firearms safety or training course. Fees and processing timelines vary widely. Some states use a “shall issue” system where the agency must grant the permit if the applicant meets all requirements; others give the issuing authority discretion to deny even a qualified applicant.
Even with restored rights and an approved permit, there may be lingering restrictions. Some states restore general firearm rights but prohibit concealed carry for people with prior felony convictions. Others bar possession of specific weapon types. Read the order that restored your rights carefully, because any express firearm restriction left in place can reactivate the federal ban under the Caron rule.6Legal Information Institute. Caron v United States