A person with a felony conviction can get their gun rights back, but the route depends on the state where the conviction happened, the nature of the offense, and how much time has passed since the sentence ended. There is no single national procedure. Federal law bans anyone convicted of a crime punishable by more than one year in prison from possessing firearms or ammunition, and lifting that ban almost always starts with state-level relief: a pardon, an expungement, a restoration of civil rights, or a court order specifically restoring firearm rights.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
The Federal Ban You Are Trying to Lift
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 The word “ammunition” is easy to miss. A person with a felony record who keeps a box of shells in the garage and owns no gun is still violating federal law. The maximum sentence for a violation is 15 years in federal prison.
What triggers the ban is the potential sentence, not the sentence actually imposed. If the offense could have carried more than a year, the prohibition applies whether the judge gave probation or prison.
The mechanism that reopens the door is inside the same statute. Federal law says a conviction does not count against you for firearms purposes if you have been pardoned, had the conviction expunged or set aside, or had your civil rights restored, unless the pardon, expungement, or restoration expressly says you still cannot possess firearms.2Office of the Law Revision Counsel. 18 US Code 921 – Definitions That last clause matters. Some states restore voting and other civil rights but explicitly carve out guns; in those states, clearing the state hurdle still leaves the federal ban in place.
The Four Ways to Get Firearm Rights Restored
A Pardon
A pardon from the governor, or from the President for a federal conviction, is an act of forgiveness that can restore all civil rights lost to the conviction, firearms included. Pardons are rare. Governors receive thousands of applications and grant a small fraction, and successful applicants typically have spent years or decades building a clean record and demonstrating rehabilitation. Federal pardon applications go through the Department of Justice’s Office of the Pardon Attorney. A pardon that does not expressly restrict firearms will lift the federal ban.
Expungement or Record Sealing
When a court expunges a felony, the law treats the conviction as if it never happened. Because the conviction effectively disappears, the federal firearm prohibition generally falls away with it. Eligibility is usually limited to certain non-violent felonies and requires a waiting period after the sentence is complete. Not every state allows expungement of felony convictions, and those that do often exclude serious offenses such as sexual crimes and crimes against children.
A Court Petition for Firearm Rights
In states that allow it, the most common route is a standalone petition asking a judge to restore firearm rights. You file paperwork with the court, notify the prosecutor, and attend a hearing. The judge looks at the original offense, your conduct since, and whether restoring gun rights would endanger public safety. If persuaded, the judge signs an order restoring your right to possess firearms.
Automatic Restoration
Some states restore firearm rights automatically once you finish every part of your sentence, including prison, parole, and probation. Some restore rights immediately, others impose a waiting period of several years, and some restore rights automatically for non-violent felonies but require a petition for violent ones. If you live in an automatic-restoration state, you may already have your rights back. Confirm it in writing before you touch a firearm. Being wrong exposes you to a federal prosecution that can end in 15 years in prison.
The Federal Relief Path Is Effectively Closed
For people with federal convictions, or those whose state restoration leaves the federal ban intact, 18 U.S.C. § 925(c) allows an application to the Attorney General for relief from the federal firearms disability. The applicant has to show they are not likely to be dangerous and that granting relief would not be contrary to the public interest, and a denial can be appealed to a federal district court.3Office of the Law Revision Counsel. 18 USC 925 – Exceptions; Relief From Disabilities
In practice this path has been closed for decades. Since the early 1990s, Congress has attached language to ATF’s annual budget preventing the agency from spending money to process individual applications. The Department of Justice has proposed a rule to create a new process for handling these applications, and as of early 2026 that rule has not been finalized.4U.S. Department of Justice. Federal Firearm Rights Restoration Under 18 US Code 925(c) Until a final rule takes effect, federal restoration remains unavailable for most people.
Domestic Violence Misdemeanors Are a Separate Trap
A felony is not the only conviction that triggers a federal firearm ban. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is also prohibited from possessing firearms or ammunition.1Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts This is known as the Lautenberg Amendment.5U.S. Marshals Service. Lautenberg Amendment
Getting rights back after this kind of conviction is harder than after many felonies. A simple restoration of general civil rights will not lift the ban. The conviction has to be expunged, set aside, or pardoned. Many people first discover this prohibition years later when they fail a background check at a gun store.
What Actually Determines Whether You Qualify
Three factors decide most petitions.
The nature of the original conviction matters most. Non-violent offenses such as property crimes, drug possession, or fraud give a petitioner a far stronger case than crimes involving weapons or violence. Some states flatly prohibit restoration for certain violent felonies, and judges have wide discretion to deny petitions where the underlying conduct harmed another person.
Time since completion of the sentence is the next factor. Most states require a waiting period, commonly five to twenty years, measured from the date you finished every part of your sentence: prison, parole, probation, and payment of all fines and restitution. Filing early wastes the fee and can prejudice a later attempt.
Post-conviction conduct is where petitioners build or break their case. Courts look for stable employment, community involvement, and a clean record. Any subsequent arrests or convictions can sink a petition. Character reference letters from employers, faith leaders, and community members carry real weight.
Preparing the Petition
Courts expect you to arrive with a complete package. You will generally need:
- Certified copies of the judgment and sentencing documents from the clerk of court in the county where you were convicted.
- Proof that you completed every part of your sentence, including a discharge certificate from probation or the court clerk, and receipts showing all fines and restitution are paid in full.
- Government-issued identification, and in many jurisdictions, fingerprints for a new criminal background check. Fingerprinting fees typically run $30 to $60.
- Character reference letters from people who know you and can speak to specific evidence of rehabilitation, not generic praise.
- The court’s petition forms, usually available on the court’s website or from the clerk’s office, which ask for case numbers, conviction dates, and your reasons for requesting restoration.
The Hearing
File the completed petition with the circuit court in the county where you live or where the conviction occurred, along with the filing fee. The clerk assigns a case number and schedules a hearing, often weeks or months out. A copy of the petition must be served on the district attorney, who then decides whether to support, oppose, or stay neutral. If the prosecutor objects, the hearing becomes adversarial and having an attorney matters much more.
At the hearing the judge reviews your documents and may ask about the original offense and your life since. Be ready to speak concretely about what you have done with your time. Judges hear vague promises constantly; specific evidence of stability and responsibility is what moves them.
If the judge finds you meet the requirements and do not pose a risk to public safety, they sign an order restoring your firearm rights. Keep the original in a safe place and carry a certified copy when you buy or transport a firearm. You will still go through a standard background check at a licensed dealer, and there can be processing delays while the databases catch up with your restored status.
Crossing State Lines After Restoration
Rights restored in one state do not automatically travel with you. No federal law requires other states to honor another state’s restoration order, and each state sets its own rules for who may possess firearms within its borders. Concealed-carry reciprocity agreements between states do not automatically cover people with restored felony rights. Before taking a firearm across a state line, check the destination state’s law. A legal gun owner in one state can become a felon in another.
Where the Courts Are Heading
The law here is moving. After the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which required firearm regulations to fit the nation’s historical tradition, federal courts have been re-examining blanket bans on felon gun ownership.
In 2024, the Supreme Court’s decision in United States v. Rahimi upheld disarming individuals found by a court to pose a credible threat to another person’s safety, and the Court repeated that prohibitions on firearm possession by felons are “presumptively lawful.”6U.S. Supreme Court. United States v. Rahimi, No. 22-915 Some lower courts have gone the other way on specific facts. In Range v. Attorney General, the Third Circuit held that applying the felon-in-possession statute to a man convicted of making a false statement on a food stamp application violated the Second Amendment, because his offense involved no violence or threat.7U.S. Court of Appeals for the Third Circuit. Range v. Attorney General of the United States, No. 21-2835
These decisions do not create a blanket right for non-violent felons to carry guns. They apply in specific circuits to specific facts. Anyone considering a Second Amendment challenge should work with an attorney who specializes in firearms law and should not possess a firearm while the case is pending. Federal prosecution does not pause because you have filed a lawsuit.