Yes, a felon can get gun rights restored in many situations, but the realistic path almost always runs through the state where the conviction happened, not through the federal government. Federal law bans firearm possession by anyone convicted of a crime punishable by more than a year in prison, and it defers to state action to undo that ban. A pardon, expungement, or rights-restoration order from the state can lift the federal disability, provided the paperwork doesn’t carve firearms back out.
Why the Ban Applies in the First Place
The Gun Control Act, at 18 U.S.C. § 922(g), makes it a federal crime for anyone convicted of an offense punishable by more than one year in prison to possess, receive, or transport firearms or ammunition.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts That threshold captures nearly every state and federal felony. What matters is the maximum possible sentence for the offense, not the sentence the judge actually imposed. A probation-only outcome on a felony charge still triggers the ban.
How a State Action Removes the Federal Ban
The same chapter of federal law contains the escape hatch. Under 18 U.S.C. § 921(a)(20), a conviction that has been expunged, set aside, or pardoned does not count as a disqualifying conviction for federal firearm purposes. The same is true when a person has had their civil rights restored.2Office of the Law Revision Counsel. 18 US Code 921 – Definitions
There is one catch, and it matters more than people expect. If the pardon, expungement, or restoration document expressly says the person still cannot possess firearms, the federal ban stays in place.2Office of the Law Revision Counsel. 18 US Code 921 – Definitions Some states automatically restore voting and jury service after a sentence ends but specifically exclude firearms. Others restore everything. The exact language of the state’s order controls the federal outcome, so read the paperwork carefully before assuming a restoration covers guns.
The State Remedies That Actually Work
Governor’s Pardon
A full pardon that restores civil rights without a firearms carve-out lifts the federal ban. Some states issue pardons more or less automatically after a set number of crime-free years; others require a formal application to a pardon board. The process is typically slow and competitive, and pardons for violent offenses are especially rare.
Expungement or Record Sealing
Expungement erases the conviction from the public record and restores the person’s prior legal status. Not every state offers expungement for felonies, and states that do often exclude violent crimes and sex offenses. Where it is available, expungement removes the federal firearms disability because the conviction no longer exists for legal purposes.
Set-Asides and Direct Restoration Orders
Some states allow a court to set aside a conviction after the sentence is fully served. Others have a standalone court proceeding aimed specifically at restoring firearm rights, separate from altering the underlying record. A judge evaluates rehabilitation, criminal history since the conviction, and the nature of the original offense. The advantage of a direct firearms-restoration order is that it doesn’t require erasing or overturning the conviction itself.
Who Qualifies
Eligibility rules vary by state, but the common patterns are consistent. The nature of the offense is the single biggest factor. Non-violent convictions like theft, fraud, and certain drug offenses have a meaningfully easier path than assault, robbery, or anything involving a weapon. Many states flatly prohibit firearms restoration for certain violent crimes or impose a much longer waiting period.
Nearly every state requires a set number of crime-free years after the sentence is fully complete, meaning after all incarceration, probation, parole, and supervised release have ended. These waiting periods range from roughly five years to more than twenty depending on the state and the offense. The clock does not run while a person is still under supervision, which catches applicants off guard.
The record during the waiting period has to be clean. New arrests or convictions, even for minor matters, typically disqualify the applicant or reset the clock. Courts and pardon boards want to see sustained evidence of a law-abiding life, not just the absence of another felony.
What the Petition Process Looks Like
The case starts with a petition filed with the appropriate body: the court that handled the original conviction, a state parole or pardon board, or a dedicated state agency. The petition sets out the legal basis for the request and documents that every eligibility requirement is satisfied.
A hearing usually follows. The petitioner presents evidence of rehabilitation: stable employment, community ties, character witnesses, completion of any treatment programs, and a clean record. The prosecutor’s office from the original case is generally notified and can oppose the petition, which turns the proceeding adversarial. A judge who sees law enforcement actively objecting will scrutinize the request far more closely.
If the petition is granted, the court or agency issues a formal order or certificate documenting the restoration. That document is the legal proof needed to pass a federal background check and buy a firearm lawfully. Keep the original somewhere safe and carry a copy when buying a firearm or ammunition, because a fresh restoration will not always show up right away in background check databases.
Attorney fees for this kind of case usually run from several hundred to a few thousand dollars, depending on complexity and whether the prosecution contests it. Court filing fees vary by jurisdiction. Given what is at stake if the paperwork is wrong, professional help is worth the cost.
Federal Convictions Are a Different Problem
Everything above applies to state convictions. A governor cannot pardon a federal crime, and a state court cannot expunge a federal conviction. Someone convicted of a federal offense who gets every state civil right restored and even obtains a state firearms permit is still a prohibited person under federal law. The federal conviction stands on its own, and only federal action can undo it. The only executive clemency option for a federal conviction is a presidential pardon, which is extraordinarily difficult to obtain.
The Federal Relief Program Under § 925(c)
Federal law has always contained a direct mechanism for individuals to apply for relief from the firearms ban. Under 18 U.S.C. § 925(c), the Attorney General can grant relief if the applicant shows they are unlikely to act dangerously and that restoration would not be contrary to the public interest, with judicial review available if the application is denied.3Office of the Law Revision Counsel. 18 USC 925 – Exceptions, Relief From Disabilities
In practice, this pathway has been effectively frozen for decades. Since 1993, Congress has included a rider in every relevant appropriations bill barring the ATF from spending money to investigate or process individual relief applications. Only corporations have been able to apply.4Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Restoration of Firearms Privileges
In 2025, the Department of Justice published a proposed rule to establish a new process for individual applications under § 925(c), separate from the defunded ATF program.5U.S. Department of Justice. Justice Department Publishes Proposed Rule to Grant Relief to Certain Individuals Precluded From Possessing Firearms The DOJ has also indicated it is building a web-based application system.6Department of Justice. Federal Firearm Rights Restoration As of this writing the online application has not launched, and the DOJ has recommended reviewing and commenting on the proposed process rather than submitting applications. The program also faces congressional opposition from lawmakers who argue it violates the longstanding appropriations restrictions. Whether this route becomes fully operational is an open question, and anyone counting on it should track developments rather than assume the program is accepting applications.
The Antique Firearm Carve-Out
Federal firearms law defines “firearm” in a way that excludes antique firearms entirely. Under 18 U.S.C. § 921(a)(3), the term “firearm” specifically “does not include an antique firearm.”2Office of the Law Revision Counsel. 18 US Code 921 – Definitions Because the § 922(g) ban applies only to firearms as defined by the statute, a convicted felon is not federally prohibited from possessing an antique firearm.
“Antique firearm” covers three categories: any firearm manufactured in or before 1898, certain replicas of pre-1899 firearms not designed to use conventional ammunition, and muzzle-loading rifles, shotguns, or pistols designed for black powder that cannot accept fixed ammunition.2Office of the Law Revision Counsel. 18 US Code 921 – Definitions A converted muzzleloader that can fire modern cartridges does not qualify, and neither does a weapon built on a modern frame or receiver.
This is a federal-level exception only. Many states have their own felon-in-possession laws with different definitions of “firearm,” and some do not recognize the antique exception. Check state law independently before relying on this carve-out.
How Recent Court Rulings May Open New Doors
The legal ground under felon firearm bans is shifting faster than it has in decades. Federal courts are applying the Supreme Court’s 2022 framework from New York State Rifle & Pistol Association v. Bruen, which requires gun regulations to be justified by historical tradition, and they are split on whether a blanket lifetime ban for every felon meets that standard.
The most significant ruling so far came from the Third Circuit in Range v. Attorney General, which held that permanently disarming a man convicted of food stamp fraud violated the Second Amendment. The court found that the government failed to show a historical tradition of disarming people like the petitioner, whose offense was non-violent and decades old.7Third Circuit Court of Appeals. Range v. Attorney General of the United States – No. 21-2835 That ruling binds only courts within the Third Circuit, but similar challenges are working through other federal courts.
The Supreme Court’s 2024 decision in United States v. Rahimi upheld the federal ban on firearm possession by people subject to domestic violence restraining orders. In doing so, the Court referenced language from District of Columbia v. Heller describing prohibitions on firearm possession by felons as “presumptively lawful.”8Supreme Court of the United States. United States v. Rahimi – No. 22-915 That signal suggests the Court is unlikely to strike the felon ban down wholesale, but it left open whether the ban can constitutionally apply to every felony conviction regardless of the offense. The distinction between violent and non-violent felons may become a constitutional line, not just a practical factor in state restoration proceedings.
None of this means a felon should buy a gun and plan to argue the Second Amendment later. The ban is enforceable until a court says otherwise in a specific case. But someone denied restoration through the traditional channels may have arguments available today that did not exist a few years ago, and an attorney experienced in firearms law can evaluate whether they apply.
What Happens if You Skip the Process
A convicted felon caught with a firearm faces a separate federal charge under 18 U.S.C. § 924 carrying up to 15 years in federal prison, on top of any state penalty tied to the underlying conduct. For someone with three or more prior violent felony or serious drug convictions, the Armed Career Criminal Act sets a 15-year mandatory minimum with no possibility of probation.9Office of the Law Revision Counsel. 18 USC 924 – Penalties Federal prosecutors pursue these cases aggressively and judges have little sentencing flexibility. The restoration process is slow and often frustrating, but the alternative is worse.