In most cases, yes — you can own a gun with a misdemeanor conviction on your record. Federal law bars firearm possession mainly for felony convictions, and the majority of misdemeanors do not trigger a ban. The important exceptions are a misdemeanor crime of domestic violence, a state misdemeanor whose maximum possible sentence tops two years, current unlawful drug use, and being subject to a qualifying domestic violence restraining order. State law can add more restrictions on top of that, so the honest answer depends on the specific offense and where you live.
The Domestic Violence Exception
This is the misdemeanor that most often costs people their gun rights. The Lautenberg Amendment, passed in 1996, added 18 U.S.C. § 922(g)(9), which makes it a federal crime for anyone convicted of a “misdemeanor crime of domestic violence” to possess a firearm or ammunition. The ban is generally permanent, and it applies to convictions from any court — federal, state, or tribal — including convictions that predated the law itself.1
A misdemeanor counts as a “crime of domestic violence” under federal law when it involves the use or attempted use of physical force, or the threatened use of a deadly weapon, against one of these victims:
- A current or former spouse
- A person you share a child with
- A current or former cohabitant in a spouse-like relationship
- A parent or guardian of the victim
- A person in a current or recent former dating relationship with you
The dating-relationship category is the newest. It was added by the Bipartisan Safer Communities Act of 2022, which closed what had been called the “boyfriend loophole” — before that, an abusive partner who had never lived with or married the victim was outside the federal ban.
Two procedural conditions have to be met for the conviction to count: you must have had an attorney or knowingly waived that right, and you must have been tried by a jury or knowingly waived that right. And two Supreme Court rulings have made the ban reach further than the statutory text suggests. In United States v. Castleman (2014), the Court held that the “physical force” element is satisfied by the level of force needed for a simple battery — even offensive touching. A shove or a slap can qualify. In United States v. Hayes (2009), the Court held that the state statute of conviction does not itself need to name a domestic relationship as an element; the government can prove the qualifying relationship separately in the federal firearms case. Together, these rulings mean an old, generic simple-assault conviction can permanently strip your gun rights if the victim happened to be a spouse, partner, or family member.
The Five-Year Dating-Partner Path
Congress built one narrow off-ramp into the 2022 expansion. A first-time offender whose disqualifying conviction was based on a dating relationship can regain firearm rights after five years, as long as they are not convicted of another qualifying crime during that period. This restoration does not apply to offenders who were spouses, cohabitants, or co-parents of the victim’s child. For those categories, the ban stays permanent.
Misdemeanors Punishable by More Than Two Years
Federal law prohibits gun possession by anyone convicted of “a crime punishable by imprisonment for a term exceeding one year.” That sounds like a felony rule, and it mostly is. But the statute carves out a safe harbor only for state misdemeanors punishable by two years or less. A state-classified misdemeanor with a maximum possible sentence above two years is treated the same as a felony for firearm purposes.
What trips people up is that the test looks at the maximum sentence the statute allows, not the sentence you actually received. You might have been given probation or 30 days in jail, but if the offense you pled to carried a statutory maximum of, say, 30 months, you are federally prohibited. If you are unsure, pull up the statute you were convicted under and check the maximum penalty in the text.
Drug-Related Misdemeanors and “Unlawful Users”
Federal law also bars firearm possession by anyone who is “an unlawful user of or addicted to any controlled substance.” This category does not require a conviction at all. It looks at current use.
In January 2026, ATF issued an interim final rule tightening how it defines an “unlawful user.” Under the previous approach, ATF could infer current use from a single misdemeanor drug conviction within the past year. The revised rule now requires evidence of “regular” use “over an extended period of time continuing into the present.” Isolated or sporadic use no longer meets the threshold, and ATF stopped referring delayed denials based solely on a single misdemeanor drug conviction for further investigation.
The practical effect: a recent misdemeanor marijuana or possession conviction is no longer, by itself, enough to flag you as a current unlawful user in the NICS system. But if other evidence shows an ongoing pattern of use, you remain prohibited regardless of whether you have any drug conviction on your record.
Domestic Violence Restraining Orders
You can lose your gun rights without any conviction at all. Under 18 U.S.C. § 922(g)(8), a qualifying domestic violence restraining order prohibits firearm possession while the order is in effect. The order has to have been issued after a hearing you had notice of and a chance to participate in, and it has to either include a finding that you are a credible threat to the physical safety of an intimate partner or child, or explicitly forbid the use or threatened use of physical force against them.
Unlike the conviction-based ban, this prohibition ends when the order ends. But possessing a firearm while the order is active carries the same federal penalties as any other prohibited-person offense.
What Happens When You Try to Buy
Buying from a licensed dealer means filling out ATF Form 4473, which asks directly whether you have a misdemeanor domestic violence conviction and whether you are subject to a qualifying restraining order. The dealer runs your information through the National Instant Criminal Background Check System (NICS), which checks federal and state records. A disqualifying misdemeanor will trigger a denial. NICS also catches state-specific prohibitions, so a conviction that is fine under federal law can still block the sale where you live.
Federal background checks are only required for licensed-dealer purchases. Private sales between individuals are not subject to a federal check, though some states impose their own universal background check requirements. This is worth being clear about: buying through a private sale does not make you legal if you are a prohibited person. The ban on possession applies no matter how you got the gun.
Lying on the Form
Answering “no” to a Form 4473 question when the truthful answer is “yes” is a federal felony, punishable by up to 15 years in prison and a fine of up to $250,000. That is a far more serious charge than the underlying misdemeanor. Prosecutions are uneven, but they happen.
If You Are Denied and Believe It Is a Mistake
NICS records are not always accurate. Incomplete records, delayed court updates, or mistaken identity can produce a wrongful denial. You can challenge a denial through the FBI’s Electronic Departmental Order system at edo.cjis.gov, identifying the information you believe is wrong and uploading supporting documentation such as court records or fingerprints. The FBI is required to respond within 60 calendar days.
Penalties for Possessing Anyway
If you are a prohibited person and you possess a firearm, a conviction under 18 U.S.C. § 922(g) carries up to 15 years in federal prison and a fine of up to $250,000. State penalties can stack on top. Many states have their own prohibited-person laws, and dual state-federal prosecution is constitutionally allowed.
The scenario to watch out for is quiet: someone with a qualifying misdemeanor keeps firearms at home for years, unaware they are prohibited, and only faces a federal charge when officers find the guns during an unrelated investigation.
Getting Your Rights Back
If a misdemeanor has cost you your gun rights, a few routes may restore them.
Expungement or Set-Aside
Federal law says a domestic violence misdemeanor does not trigger the firearm ban if the conviction “has been expunged or set aside.” Eligibility and procedure vary by jurisdiction, but typical requirements include completing all sentencing conditions, staying out of trouble for a waiting period, and filing a petition with the court. Filing fees for misdemeanor expungement petitions generally range from about $50 to $600.
Pardon or Restoration of Civil Rights
A pardon or formal restoration of civil rights can also remove the firearm disability. For federal convictions, that means a presidential pardon or federal expungement. For state convictions, courts look to the law of the convicting state. Some states restore civil rights automatically at the end of a sentence; others require a petition. One catch: if the pardon or restoration document expressly says you still cannot possess firearms, the disability stays in place.
The Dating-Partner Five-Year Route
As noted above, if your disqualifying conviction was based on a dating relationship rather than marriage, cohabitation, or shared parenthood, your firearm rights can return after five years without another qualifying conviction. This is the only category of Lautenberg conviction where the ban is not automatically permanent.
State Law Can Go Further
Federal law is the floor. States can and do add restrictions federal law does not impose — bans tied to violent misdemeanors beyond domestic violence, some DUI convictions, drug offenses, and misdemeanors involving firearms. Some state prohibitions expire after a set number of years; others are permanent. Restoration procedures vary too: some states allow a court petition after a waiting period, some issue certificates of rehabilitation, and some require a governor’s pardon.
Because state and federal prohibitions run on separate tracks, clearing your rights under one system does not automatically clear the other. If your misdemeanor could trigger both, plan on addressing each one on its own terms, and get a lawyer in your state to look at the specific statute you were convicted under before you buy anything.