Loosing the right to own firearms is one of the many consequences a person may face after being convicted of a felony. However, in certain cases, it may be possible for felons to have their gun rights restored, though the process varies widely depending on state and federal laws. This blog post explores the legal avenues available for felons to regain gun ownership rights, the steps required, and why some felons may never be able to restore these rights. I’ll share statutory examples from various states to illustrate restoration isn’t always consistent.

Federal Law Prohibits Most Felons From Restoring Their Gun Rights

Under federal law, a person convicted of a felony is generally prohibited from possessing firearms. The Gun Control Act of 1968 (18 U.S.C. § 922(g)) makes it unlawful for anyone convicted of a crime punishable by more than one year in prison to ship, transport, possess or receive firearms or ammunition. This restriction applies unless the individual’s civil rights, including the right to bear arms, have been restored by a state process or a federal pardon. Importantly, certain violent and firearm-related felonies result in a permanent loss of gun rights under federal law.

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has the authority to lift this federal restriction, but it requires the approval of Congress to fund the program that processes these applications. Unfortunately, since 1992, Congress has refused to fund this program, meaning the only way to restore federal firearms rights is through a presidential pardon.

State Laws Restrict Most Felons From Restoring Their Gun Rights

The restoration of gun rights after a felony conviction is largely a state matter, and each state has its own legal process. Below are examples of how different states approach the issue of a felon restoring their gun rights:

Florida Felons Wanting to Restore Gun Rights

In Florida, a felon’s right to own a firearm can only be restored through a pardon or the restoration of civil rights. A felon must wait at least eight years after completing their sentence, including probation and parole, before they can apply to the state’s Office of Executive Clemency for the restoration of civil rights, including gun rights. Importantly, violent offenders and those convicted of sexual offenses may face significant challenges in this process, with the likelihood of successful restoration being slim. See: Florida State Statute § 940.05.

Texas Felons Wanting to Restore Gun Rights

Texas allows for the restoration of gun rights under limited circumstances. Felons in Texas may regain their right to possess firearms in their homes five years after completing their sentences. However, these individuals are still prohibited from carrying firearms outside their homes, and federal law may still restrict their rights even if Texas state law permits it. See Texas Penal Code § 46.04.

California Felons Wanting to Restore Gun Rights

California takes a stricter approach to the restoration of gun rights. Under California law, any person convicted of a felony is prohibited from owning or possessing a firearm. There are very few circumstances under which a felon can have this right restored. Felons convicted of non-violent crimes may petition for a pardon from the governor. However, the process is rigorous and rarely results in success. However, under California law, certain offenses classified as felonies can be reduced to misdemeanors, which may restore gun rights if granted. See: California Penal Code §§ 4852.01 – 4852.21.

New York Felons Wanting to Restore Gun Rights

In New York, the restoration of firearm rights for felons depends on the governor’s pardon or a certificate of Relief from Disabilities. This certificate, issued by the court, can restore certain rights but does not automatically restore gun rights. To regain the right to own a firearm, the individual must apply for a specific certificate that includes the restoration of gun rights. See: New York Correction Law §§ 701-703.

Ohio Felons Wanting to Restore Gun Rights

In Ohio, a convicted felon can apply to have their civil rights, including gun ownership rights, restored through the court system. The process requires a felon to file a petition with the common pleas court in the county where they reside. The court may grant the petition if it finds that the individual has been rehabilitated and the restoration of rights would not pose a risk to public safety. See: Ohio Revised Code § 2923.14.

North Carolina Felons Wanting to Restore Gun Rights

North Carolina law allows felons to petition the court to restore their firearms rights if they have completed their sentence, including parole or probation, and have waited at least 20 years since their release. However, individuals convicted of violent felonies are typically ineligible to have their gun rights restored. The petition must be filed with the Superior Court in the county where the petitioner resides, and the court will consider factors such as rehabilitation and public safety. See: North Carolina General Statutes § 14-415.4.

Steps Felons Might Take to Restore Gun Rights

Any felon seeking to restore their gun rights often involves several common steps including:

1. Complete the Full Sentence: Before a felon can apply to restore their gun rights, they must have fully completed their sentence, including any probation, parole, and the payment of fines and restitution. In some states, there may be a waiting period after the completion of the sentence before the individual is eligible to apply.
2. Seek the Restoration of Civil Rights: In many states, restoring gun rights is part of the larger process of restoring civil rights, such as the right to vote and serve on a jury. This process often involves submitting an application to a state board of pardons or executive clemency office. Some states automatically restore civil rights after a certain period, but this does not always include firearms rights.
3. File a Petition for Restoration: In states where civil rights are not automatically restored, or where gun rights are excluded from the general restoration of rights, the individual may need to file a petition in court. This typically involves providing evidence of rehabilitation, letters of recommendation, and demonstrating that the restoration of rights would not pose a risk to public safety.
4. Undergo a Background Check: Before gun rights can be restored, the applicant may be required to undergo a thorough background check. This ensures that the individual has not been involved in further criminal activity since their conviction and meets the requirements set by state law.
5. Receive Approval or Denial: The final step in the process is approval or denial by the appropriate authority. In some cases, this may be a judge, a state board, or the governor. If approved, the individual’s rights are restored, though they may still face restrictions under federal law.

Some Felons May Never Restore Gun Rights

It is important to note that not all felons will be able to restore their gun rights, regardless of their rehabilitation. Individuals convicted of violent felonies, crimes involving firearms, or sexual offenses often face permanent restrictions on gun ownership. In addition, federal law overrides state law, meaning that even if a state restores a felon’s gun rights, they may still be prohibited from possessing a firearm under federal law unless they receive a presidential pardon.

My Final Thoughts

The process for a felon to restore their gun rights is complex and varies significantly from state to state. While some felons may be able to regain their right to own a firearm through a court petition, pardon, or clemency, others may face permanent disqualification. If you are seeking to restore your gun rights, it is essential to consult an attorney familiar with both state and federal firearms laws to navigate the process successfully.

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