In most cases, no: federal law prohibits anyone convicted of a crime punishable by more than one year in prison from possessing a firearm or ammunition, so a convicted felon generally cannot own a gun. There are narrow exceptions, and some people can get their rights restored through state processes, a pardon, or, potentially, a new federal program still being finalized. The details matter, because a violation carries up to 15 years in federal prison.
What the Federal Ban Actually Covers
Under 18 U.S.C. § 922(g), a person convicted of any crime “punishable by imprisonment for a term exceeding one year” cannot possess, receive, or transport a firearm or ammunition anywhere in the United States. The trigger is the potential sentence, not the sentence served. If the offense carried a possible sentence above one year, the ban applies whether you spent a day in custody or a decade.1Bureau of Alcohol, Tobacco, Firearms and Explosives. Identify Prohibited Persons
The federal definition is broader in one direction and narrower in another than most people expect. It sweeps in federal and state felonies and can also reach some offenses labeled as misdemeanors under state law if the maximum possible sentence exceeds two years. State offenses classified as misdemeanors and punishable by two years or less are specifically excluded, even where the maximum sentence is longer than one year. Business-related offenses like antitrust violations are also carved out.2Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
Ammunition is covered too, and the definition is expansive. It reaches complete cartridges and also individual components like primers, bullets, and propellant powder. A box of old hunting rounds in the garage is enough to create a federal violation.2Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
You Don’t Have to Be Holding the Gun
Federal law recognizes “constructive possession,” meaning the ability and intent to control a firearm even if it is not on your person. A gun in your bedroom closet, in your car’s glove compartment, or under a bed you sleep in can support a possession charge.
That creates a real problem for people who live with a lawful gun owner. A federal court has specifically noted that a family member keeping a firearm in the same residence as a convicted felon could amount to constructive possession.3U.S. District Court for the Southern District of Mississippi. If I Am Convicted of a Federal Crime, Can I or a Family Member Own or Possess a Firearm The safest arrangement is a locked container, such as a gun safe, whose combination is known only to the lawful owner. Even then, some prosecutors argue that sharing a home creates enough proximity to establish control. Vehicles carry the same risk: a firearm found in an accessible spot in a car you are riding in can support a charge if the government can show you knew about it and could reach it.
Antiques, Muzzleloaders, and Air Rifles
Federal law excludes “antique firearms” from the definition of “firearm,” so the § 922(g) ban does not reach them. Three categories qualify:
- Any firearm manufactured in or before 1898, regardless of ignition type.
- Replicas of pre-1899 weapons that are not designed for rimfire or conventional centerfire fixed ammunition, or that use ammunition no longer manufactured in the United States and not readily available commercially.
- Muzzle-loading rifles, shotguns, or pistols designed to use black powder or a black powder substitute and that cannot use fixed ammunition.
The muzzleloader exception has limits. A weapon built on a modern firearm frame or receiver does not qualify, and neither does one that can be readily converted to fire fixed ammunition by swapping the barrel or bolt.2Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
Air rifles and BB guns generally are not “firearms” under federal law because they do not use an explosive propellant. State law is a different question. Some states treat certain air-powered weapons as firearms under their own felon-in-possession statutes, so check your state’s rules before acquiring anything.
Restoring Firearm Rights Through State Law
Many states allow certain convicted felons to regain firearm rights. The path depends on the state and usually on the nature of the underlying offense. Nonviolent felonies tend to have clearer routes; violent crimes and serious drug offenses face steeper barriers or outright exclusion.
Common approaches include automatic restoration after a waiting period, petitioning a court, or applying for a governor’s pardon. Most processes require completion of the full sentence, including probation, parole, and payment of fines or restitution. Many also require several years of a clean record afterward. Some states restore rights automatically for first-time nonviolent offenders while requiring a court petition for more serious cases.
Court petitions typically call for certified copies of your criminal record, proof you completed your sentence, and evidence of rehabilitation such as steady employment or community involvement. Pardon applications usually require a longer period of law-abiding conduct, often five to ten years after sentence completion, along with a detailed personal narrative and sometimes an interview. Processing takes anywhere from several months to several years.
How State Restoration Affects the Federal Ban
State restoration does not automatically lift the federal ban, but it often does. Under 18 U.S.C. § 921(a)(20), a state conviction does not count as a disabling conviction for federal purposes if it has been expunged, set aside, or pardoned, or if your civil rights have been restored. There is one critical catch: if the pardon, expungement, or restoration document specifically says you still cannot possess firearms, the federal ban stays in place.2Office of the Law Revision Counsel. 18 U.S. Code 921 – Definitions
Federal appellate courts have generally required that all core civil rights be restored, not only gun rights. They look for restoration of the right to vote, hold public office, and serve on a jury. In states that lack a mechanism for restoring all of those, someone convicted of a state felony may complete every step the state offers and still be barred federally. The variation across states is large, and moving across state lines after restoration can create surprises.
Restoring Rights on a Federal Conviction
If the disabling conviction is a federal offense, the path back is narrower. A state process cannot lift a federal disability. Historically, the only realistic option has been a presidential pardon.
The statutes also contain another mechanism. 18 U.S.C. § 925(c) authorizes the Attorney General to grant relief from federal firearm disabilities to individuals who can show they are not likely to be dangerous and that restoring their rights would not be contrary to the public interest, with a right to judicial review in federal district court if the application is denied.4Office of the Law Revision Counsel. 18 USC 925 – Exceptions: Relief from Disabilities
In practice, this program has been dormant. Starting in 1992, Congress prohibited the ATF from using appropriated funds to process § 925(c) applications, effectively shutting it down.5Federal Register. Application for Relief from Disabilities Imposed by Federal Laws with Respect to the Acquisition, Receipt, Transfer, Shipment, Transportation, or Possession of Firearms In 2025, the Department of Justice published a proposed rule to revive the program under new administrative authority. As of early 2026, the rule remains in the proposed stage, and DOJ has said the online application will follow publication of the final rule.6United States Department of Justice. Federal Firearm Rights Restoration If it becomes operational, it will be the first working federal restoration path in more than 30 years.
Getting the Background Check System to Reflect Your Restoration
Even with rights legally restored, you can still be denied at a licensed dealer. The National Instant Criminal Background Check System draws on records that may not show your restored status, and your old felony can trigger a denial or extended delay.
The FBI’s Voluntary Appeal File is designed for this. If you have documentation showing your rights were restored, such as a court order, pardon, or expungement, you can apply for entry. Approved applicants receive a Unique Personal Identification Number, which you then enter on ATF Form 4473 during future purchases. The UPIN lets NICS match you to your corrected record and avoid false denials.7Federal Bureau of Investigation. Voluntary Appeal File
You can apply through the FBI’s Criminal Justice Information Services portal or by mailing a paper application with a fingerprint card to the FBI NICS Section in Clarksburg, West Virginia. Include copies of any court documentation showing restoration. People who skip this step often have the legal right to purchase and still get flagged at the counter.
Where the Law Is Moving
The constitutional footing of § 922(g)(1) is unsettled. In 2022, the Supreme Court’s decision in New York State Rifle & Pistol Association v. Bruen held that gun regulations must be consistent with the nation’s historical tradition of firearm regulation. Two years later, in United States v. Rahimi, the Court applied that framework and upheld the ban on firearm possession by people subject to domestic violence restraining orders in an 8-1 decision, but left open whether the felon-in-possession ban survives the same analysis.
The federal appellate courts have split. The Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits have upheld § 922(g)(1) as categorically constitutional, meaning a felony conviction alone justifies the ban. The Third Circuit reached a different result in Range v. Attorney General, holding the ban unconstitutional as applied to a man whose only disabling conviction was nonviolent. The Fifth Circuit followed a similar path in United States v. Cockerham in late 2025, ruling that courts must evaluate the nature of the underlying offense rather than rely on felon status alone.
The practical effect: for someone convicted of a nonviolent offense living in the Third or Fifth Circuit, there is active case law supporting an as-applied challenge. Almost everywhere else, the categorical ban stands until the Supreme Court resolves the split.
What a Violation Costs
Penalties for possessing a firearm as a prohibited person are severe. The Bipartisan Safer Communities Act of 2022 raised the maximum prison sentence for violating § 922(g) from 10 years to 15 years. A conviction also carries a fine of up to $250,000.8Office of the Law Revision Counsel. 18 USC 924 – Penalties9Office of the Law Revision Counsel. 18 U.S. Code 3571 – Sentence of Fine
Under the Armed Career Criminal Act, penalties climb sharply for anyone with three or more prior convictions for violent felonies or serious drug offenses committed on separate occasions. ACCA imposes a 15-year mandatory minimum, the court cannot suspend the sentence, and probation is unavailable.10Office of the Law Revision Counsel. 18 USC 924 – Penalties
State charges can run alongside federal ones. Many states have their own felon-in-possession statutes, and state and federal sentences can run consecutively. A single arrest can expose a person to prosecution in both systems at once, and a new felony resets the clock on any future effort to restore civil rights.