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Firearm Prohibitions and Rights Restoration

Who federal law bars from possessing guns - including people with felony convictions and domestic violence records - how a conviction stops counting, and how state law adds to both.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Criminal Defense law firms.

What it means

Federal law makes it a crime for certain people to ship, transport, possess or receive a firearm or ammunition. The prohibited categories include anyone convicted of a crime punishable by more than a year in prison (whatever sentence was actually imposed), fugitives, unlawful users of controlled substances, people adjudicated as mentally defective or involuntarily committed, most non-citizens without lawful status and many on nonimmigrant visas, people dishonorably discharged, people who renounced citizenship, people subject to a qualifying domestic violence protective order, and anyone convicted of a misdemeanor crime of domestic violence. A person under indictment for such a crime may not receive a firearm. Certain state misdemeanors are excluded from the felony category even if the possible sentence is longer.

A conviction stops counting under federal law if it has been expunged or set aside, or the person has been pardoned or had their civil rights restored, unless the expungement, pardon or restoration expressly says the person may not have firearms. The rules for domestic violence misdemeanors are similar. Whether a particular state procedure qualifies is a technical question, and a state expungement that leaves a firearms restriction in place does not restore federal rights. Federal law also contains a relief application to the Attorney General that was unavailable for decades because Congress barred funding for it; the Justice Department has moved to restore it, so check its current status.

Licensed dealers run a background check through the national instant check system before a sale, and a person who believes they were wrongly denied can appeal the denial. The Supreme Court has held that gun laws must be consistent with the nation's historical tradition of firearm regulation, and in 2024 upheld the protective-order prohibition; lower courts continue to consider challenges to other categories. States add their own prohibitions, such as for some misdemeanors, extreme risk protection orders and waiting periods, and their own restoration processes. Violating a federal firearm prohibition is a felony with substantial prison exposure.

Where this comes from

Gun Control Act, 18 U.S.C.: prohibited persons, § 922(g)(1)-(9); persons under indictment, § 922(n); crime punishable by more than one year, exclusions and restoration, § 921(a)(20); misdemeanor crime of domestic violence and restoration, § 921(a)(33); relief from disabilities, § 925(c); penalties, § 924(a)(8), (e). Background checks: 34 U.S.C. § 40901; appeals, 28 C.F.R. § 25.10. Interpretation of restoration: Caron v. United States, 524 U.S. 308 (1998). Constitutional standard: New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022); United States v. Rahimi, 602 U.S. 680 (2024).

When people hire a lawyer for this

Talk to a criminal defense lawyer before buying, possessing or inheriting a gun if you have any felony or domestic violence conviction, a protective order, or a past commitment, even if it was long ago or in another state; the federal and state rules differ and a mistake is itself a felony. A lawyer can also tell you whether expungement, a pardon or a state restoration process would actually restore your rights. If you are charged with unlawful possession, get a lawyer immediately.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

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Related terms

Other entries in the same area of law, each written from the same primary sources.

ArraignmentThe first court appearance in a criminal case, where the charges are read and a plea is entered.
Bail and Pretrial ReleaseThe decision about whether someone stays in custody while their case is pending - which is about appearance and safety, not about guilt.
Bench Warrant and Failure to AppearThe arrest warrant a judge issues from the bench when a defendant misses a court date or violates a court order - what it authorizes, the separate failure-to-appear charge and bond forfeiture that often follow, and how a person clears one by surrendering on their own terms rather than being picked up.
Crime Victims' Rights and CompensationThe rights a crime victim has in the criminal case - notice, presence, being heard, restitution - and the state compensation programs that pay some of a victim's costs whether or not the offender is caught.
Criminal RestitutionThe order, entered at sentencing, requiring a defendant to repay the victim's losses caused by the offense - what losses it covers, how it differs from a fine and from a civil judgment, the payment schedule and enforcement, and why it survives bankruptcy and the end of the sentence.
Criminal Traffic Offenses (Reckless Driving, Suspended License, Hit and Run)The driving offenses that are crimes rather than tickets, which carry a criminal record, possible jail and license consequences, and so are defended like any other criminal charge.
Domestic Violence ChargesCriminal charges for violence or threats against a family or household member or partner, which bring consequences beyond the sentence, including a federal firearms ban.
Double JeopardyThe constitutional bar on being tried twice for the same offense after an acquittal or conviction, or punished twice for it - when jeopardy attaches, what counts as the "same offense", the mistrial and appeal exceptions, and why a state and the federal government may each prosecute the same act.
Drug Crime Charges (Possession and Distribution)How drug charges are structured: possession versus intent to distribute, drug schedules and quantity, state versus federal prosecution, and the search questions that often decide the case.
Expungement and Record SealingCourt processes that erase or restrict access to a criminal record, available only in defined circumstances that vary by state.
Federal Criminal Charges (Federal vs State Prosecution)How a federal criminal case differs from a state one: the grand jury indictment, pretrial release, advisory sentencing guidelines, and the possibility of being charged by both.
Felony and MisdemeanorThe basic division of criminal offenses by seriousness - which drives the procedure, the possible sentence, and the consequences that outlast it.
Grand Jury and IndictmentA closed proceeding in which citizens decide whether there is enough evidence to charge someone - not whether they are guilty.
Juvenile Delinquency CasesHow a criminal charge against a minor is handled in juvenile court: the different vocabulary and goals, the rights the Constitution guarantees, transfer to adult court, and what happens to the record.
Miranda RightsThe warning police must give before questioning someone in custody - and the reason a missing warning suppresses a statement rather than ending a case.
Motion to Suppress (Exclusionary Rule)The pretrial request to keep evidence out of a criminal trial because it was obtained in violation of the Constitution - an unlawful search, an involuntary or un-warned confession, a suggestive identification - the hearing it triggers, the "fruit of the poisonous tree" rule, and the exceptions that let evidence in anyway.
Plea BargainAn agreement resolving a criminal case by guilty plea, usually in exchange for reduced charges or a sentencing concession.
Preliminary HearingAn early court hearing at which a judge decides whether there is enough evidence for a case to proceed - the defense's first real look at it.
Pretrial Diversion and Deferred AdjudicationThe programs that let an eligible defendant avoid a conviction by completing conditions - treatment, classes, community service, restitution - after which the charge is dismissed; the difference between diversion before a plea and deferred adjudication after one, and what each does to the record.
Probable CauseThe level of justification the Fourth Amendment requires before police may arrest someone or search a place - more than a hunch, and less than proof.
Probation and Parole ViolationWhat happens when someone under supervision is said to have broken its conditions - a proceeding with fewer protections than the trial that preceded it.
Right to a Speedy TrialThe constitutional guarantee that a criminal case be brought to trial without unreasonable delay, and the statutes in the federal system and most states that put a clock on it - what starts the clock, what stops it, why a defendant's own motions extend it, and the remedy of dismissal when it runs out.
Right to Counsel and the Public DefenderThe Sixth Amendment right to a lawyer in a criminal case, including one paid for by the state if the defendant cannot afford one.
Search WarrantA judge's written authorization to search a specified place for specified things - and the exceptions that let police search without one are broad.
Self-Defense and JustificationThe defense that a use of force was lawful because it was necessary to protect oneself or another from imminent unlawful force - the reasonableness and proportionality requirements, the duty-to-retreat and stand-your-ground split among the states, the castle doctrine, and who bears the burden once the defense is raised.
Sentencing and EnhancementsHow a criminal sentence is decided after a plea or verdict - the statutory range, the guidelines or presumptive scheme the jurisdiction uses, the enhancements for prior convictions, weapons, victims and quantities that raise it, the presentence report, and the constitutional rule that any fact raising the maximum must be found by a jury.
Sex Crime Charges and Sex Offender RegistrationCriminal charges for sexual offenses, which carry consequences beyond the sentence, chiefly sex offender registration under state law and the federal SORNA framework.
White-Collar Fraud Charges (Mail, Wire and Securities Fraud)Federal fraud crimes built on a scheme to obtain money or property by deception, and the investigation rules that matter before any charge is filed.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.

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