Can A Felon Own A Gun? Laws Explained State By State

Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. The information provided reflects federal and state firearm laws as of June 2026. Because gun laws frequently change and vary by jurisdiction, readers should consult official legal sources or a qualified attorney to verify the most current and applicable regulations before making any decisions related to firearms.

Important Note on ProShield: USAGO does not sell, broker, or recommend insurance products. USAGO ProShield, powered by Firearms Legal Protection, is a self-defense legal liability protection plan — not an insurance policy. 

Key Takeaways:

• Federal Law Prohibits It: Under 18 USC 922(g)(1), anyone convicted of a crime punishable by more than one year is banned from possessing firearms.
• State Paths Vary Widely: 12 states auto-restore rights, 33 require a petition, 5 require a pardon, and DC has no path at all.
• A New Federal Path Exists: The DOJ revived the 925c federal gun rights restoration program in 2025, creating a new application process.

Can a felon own a gun? Under federal law, the answer is no. Under state law, the answer depends on the state, the conviction, and whether rights have been formally restored. USAGO supports lawful gun owners through education, legal protection resources, and a membership built around responsible firearm ownership within the boundaries of the law. This guide covers what the federal ban actually says, how state laws vary on restoration, the new DOJ federal pathway, and what households with felony histories need to understand.

What The Federal Ban Says

The federal prohibition on felons and firearms is one of the most strictly enforced areas of gun law. Understanding exactly what it covers prevents serious and often irreversible legal mistakes.

The Felon In Possession Of A Firearm Rule

Under 18 USC 922(g)(1), any person convicted of a crime punishable by over one year is prohibited from possessing any firearm or ammunition in any jurisdiction nationwide.

Which Convictions Trigger The Ban

Any felony conviction triggers the ban regardless of whether the offense was violent or nonviolent. Misdemeanor domestic violence convictions trigger a separate prohibition under 18 USC 922(g)(9) independently.

Can Felons Own Guns Under Any Exception

No general exception exists. The only recognized pathways are a presidential pardon, qualifying expungement, or formal restoration through a recognized state or federal legal process.

Four Ways States Handle Restoration

State approaches to firearm rights restoration vary dramatically. Understanding which category your state falls into is the starting point for any restoration effort.

• 12 States Auto-Restore After Waiting Period: These states automatically restore firearm rights after completion of a sentence and a defined waiting period without requiring a separate petition or court action from the individual.
• 33 States Require Petition Or Court Process: The majority of states require a formal petition, court hearing, or application process where the individual must demonstrate rehabilitation and eligibility for rights restoration.
• 5 States Only Restore Through Pardon: In these states, the only path to firearm rights restoration is a formal governor’s pardon. The pardon process is discretionary, rare, and often involves a lengthy waiting period before eligibility.
• DC Has No Restoration Path At All: Washington DC has no mechanism for restoring firearm rights to individuals with felony convictions. This makes DC the single jurisdiction in the country with a permanent and absolute prohibition on restoration.

State restoration does not automatically restore federal rights. Both levels must be addressed for a restoration to be complete and legally recognized under federal law.

The New Federal Restoration Path

A significant development in 2025 created a new federal pathway for individuals seeking the restoration of firearm rights that had been effectively closed for decades.

How The DOJ Revived The 925c Program

The DOJ revived 18 USC 925c in 2025, allocating $448,000 in FY2026 to process petitions through the Office of the Pardon Attorney with individualized screening and review.

Why State Restoration May Not Restore Federal Rights

State restoration must be broad enough to remove all legal disabilities before the ATF recognizes it at the federal level. Many partial state restorations leave federal disabilities fully in place regardless.

How Expungements Interact With The Federal Ban

Whether an expungement restores federal rights depends on how broadly the state defines it. In many states, it does. In others, the federal prohibition remains despite a successful expungement.

Mixed Households And Felony History

One of the most misunderstood areas of felony firearm law involves households where a prohibited person lives alongside lawful gun owners. Legal exposure here is significant and frequently underestimated.

Can A Felon Live Where Guns Are Present

Federal courts have held that a prohibited person living where firearms are accessible may constitute constructive possession even if the guns belong to another household member entirely.

How Constructive Possession Creates Risk

Constructive possession exists when a person has knowledge of and the ability to control a firearm without physical possession. Prosecutors have successfully argued this in mixed households where prohibited persons had access to storage.

What Lawful Owners In Mixed Households Need To Know

Store firearms in locked safes inaccessible to prohibited persons. Consult a firearms attorney about your state’s specific rules. USAGO ProShield, powered by Firearms Legal Protection, provides 24/7 attorney access for complex legal situations. For those weighing their options, a breakdown of firearms legal protection vs USCCA can help clarify which coverage model fits your specific situation. 

Final Thoughts

The federal ban on felons and firearms is clear, consistent, and strictly enforced. State laws create pathways to restoration, but those pathways are complex and do not always restore federal rights alongside state rights. Join USAGO to access legal protection, expert resources, and a community built around responsible gun ownership within the law.

USAGO supports responsible and lawful gun owners through education, legal protection resources, and a membership built around informed firearm ownership. Members also connect through a community where questions about complex legal situations, restoration paths, and responsible ownership are discussed openly. Through ProShield, members have immediate access to legal guidance when complex situations arise.

Know the law, pursue restoration through proper legal channels, and have qualified legal support available before any situation requires it. Lawful owners in complex household situations should also explore firearm insurance as part of a complete legal protection plan. 

Frequently Asked Questions About Felony Charges And Firearm Ownership

Can a felon own a gun under federal law?

No. Federal law prohibits any person convicted of a crime punishable by over one year from possessing firearms.

Which convictions trigger the federal firearm ban?

Any felony conviction and misdemeanor domestic violence convictions trigger separate federal firearm prohibitions under 922(g).

Can felons own guns after completing their sentence?

Not automatically. Rights must be formally restored through a recognized state or federal legal process first.

How can a felon get gun rights restored?

Through state petition, pardon, expungement, or the new DOJ 925c federal restoration program, depending on jurisdiction.

Does state restoration automatically restore federal rights?

Not always. State restoration must be broad enough to satisfy federal requirements, or federal disabilities remain in place.

What is the DOJ 925c program?

A revived federal process allowing individuals to petition the ATF for relief from federal firearms disabilities since 2025.