NATIONALLY RECOGNIZED FEDERAL LAWYERS
Can convicted felons ever own guns
|Thanks for visiting Spodek Law Group. We’re a second-generation law firm managed by Todd Spodek, with over 40 years of combined experience handling firearms cases, federal criminal defense, and restoration of rights. You’re reading this because you or someone you care about has a felony conviction – and you want to know if gun ownership is possible again. We’ve handled cases that drew national attention, like the Anna Delvey case that became a Netflix series, the Ghislaine Maxwell juror misconduct defense, and the Alec Baldwin stalking allegations. This article explains whether convicted felons can ever legally own firearms again, what changed in 2025 with the DOJ’s new restoration program, and why federal versus state gun rights matter.
The short answer – yes, but it’s complicated, rare, and depends entirely on where you live and what kind of felony you were convicted of. Federal law bans all felons from gun ownership under 18 U.S.C. § 922(g), no exceptions. That’s been the case since 1968. But states control their own gun laws too, and some states restore gun rights automatically after you complete your sentence. Others require you to petition a court or get a governor’s pardon. And in 2025, the Department of Justice revived a federal restoration process that’s been dead since 1992 – though it’s not operational yet, and most people won’t qualify anyway.
If you’re wondering whether you can own a gun after a felony conviction, you’re dealing with two separate legal systems that don’t talk to each other. Federal law and state law. You need relief under both to legally possess a firearm. Getting one doesn’t fix the other.
Federal Law Prohibits All Felons From Gun Possession
Under federal law, any person convicted of a crime punishable by more than one year in prison cannot possess, ship, transport, or receive firearms or ammunition. That’s 18 U.S.C. § 922(g)(1). Doesn’t matter if you served time or got probation. Doesn’t matter if it was 30 years ago. The federal prohibition applies to all felony convictions from any court in the United States.
Violate 922(g) and you’re looking at up to 10 years in federal prison. If you have three prior violent felonies or serious drug convictions, the penalty jumps to a 15-year mandatory minimum. Federal prosecutors love these cases – they’re easy to prove.
The ATF’s official position has been clear for decades – there is no federal relief available. Congress defunded the program in 1992, making it impossible for the ATF to process restoration applications. That left 18 U.S.C. § 925(c) – the statute authorizing the Attorney General to grant relief from firearm disabilities – completely dormant for 33 years.
2025 DOJ Program Revival – What Actually Changed
On March 20, 2025, the Department of Justice published an interim final rule that withdrew ATF’s authority to process gun rights restoration applications and transferred that responsibility to the DOJ’s Office of the Pardon Attorney. This is the first time since 1992 that federal gun rights restoration has been possible.
But the program isn’t operational yet. As of October 2025, DOJ is still developing the web-based application system. There are no application forms available. Nobody knows when the program will actually start accepting applications.
Even when the program launches, most people won’t qualify. The proposed rule makes violent felons, registered sex offenders, and anyone convicted of crimes involving firearms “presumptively ineligible” for relief absent extraordinary circumstances. DOJ is focused on nonviolent offenders whose convictions are decades old, who’ve demonstrated rehabilitation, and who pose no public safety risk.
And here’s what almost nobody understands – even if DOJ grants you federal relief under § 925(c), that only removes the federal prohibition. If your state independently prohibits felons from possessing firearms, you’re still barred under state law. Federal relief doesn’t restore state gun rights. You need separate relief in state court for that.
State Gun Rights Restoration – Every State Is Different
Some states restore gun rights automatically once you complete your sentence, including probation and parole. Others require a court petition. Some require a governor’s pardon. A few states never restore gun rights for certain felonies.
Texas allows felons to possess firearms at their residence five years after completing their sentence. That’s Texas Penal Code § 46.04. But this only applies at home – you can’t carry in public. And the federal prohibition under § 922(g) still applies, so even though Texas law might allow it, federal law doesn’t.
New York requires a Certificate of Relief from Disabilities or a governor’s pardon. The certificate doesn’t remove the federal disability, just the state one. California makes restoration nearly impossible – you’d need a governor’s pardon or a felony reduction under Proposition 47, which only applies to certain offenses.
Minnesota and Ohio have formal court petition processes. The court holds a hearing, considers rehabilitation evidence, and issues an order. If granted, that removes the state prohibition – but the federal prohibition under § 922(g) remains unless you also obtain federal relief.
Pardons Can Restore Gun Rights
A presidential pardon restores federal gun rights – if the President pardons your federal conviction, the § 922(g) prohibition no longer applies. But presidential pardons are incredibly rare. Most presidents issue fewer than 200 pardons during their entire term, usually reserved for politically connected individuals.
A governor’s pardon restores state gun rights in most states, but doesn’t affect the federal prohibition. You can possess firearms under state law in most jurisdictions – but you’re still federally prohibited under § 922(g) unless the pardon expressly restores gun rights and your state qualifies under federal law.
Under federal law, if a state restores your civil rights including firearm rights, and the conviction is punishable by two years or less under state law, the federal prohibition may not apply. This creates a narrow exception where state restoration can eliminate the federal disability – but only if your conviction qualifies and your state’s restoration includes firearm rights explicitly.
What You Should Actually Do
If you want to restore gun rights after a felony conviction, you need to understand exactly which laws prohibit you – federal, state, or both. Most felonies trigger the federal prohibition under § 922(g), but some misdemeanors also qualify, like domestic violence convictions under § 922(g)(9).
Check your state’s restoration process. Does your state automatically restore gun rights after completion of sentence? Do you need to petition a court? Is a governor’s pardon required? Each state is different, the process can take years.
If you’re waiting for the new DOJ restoration program, it’s not operational yet, there’s no timeline, and violent offenders are presumptively excluded. This isn’t a quick fix. Even if you get federal relief, you still need state relief if your state independently prohibits firearm possession.
The worst thing you can do is assume your rights are restored and possess a firearm anyway. Federal prosecutors treat felon-in-possession cases seriously. We see clients facing 5, 10, even 15-year mandatory minimum sentences because they thought their old conviction didn’t count anymore, or they thought state restoration was enough, or they thought nobody would find out. That’s how people end up in federal prison.
At Spodek Law Group, we’ve handled gun rights restoration cases, federal firearms prosecutions, and post-conviction relief for decades. If you’re unsure whether you can legally own a gun, or if you’re already facing charges under § 922(g), call us. We can evaluate your specific conviction, your state’s laws, and whether you qualify for any restoration relief. This isn’t something to guess about – the stakes are too high, and the law is too complicated. We’re available 24/7 to help you understand your options and protect your rights.