Gun Rights
Can Felons Get Their Gun Rights Back? What the Law Allows in 2026
More people are asking a direct question in 2026: can felons get their gun rights back? In many cases, the answer can be yes—but the route depends on the conviction, the jurisdiction, the sentence-completion date, later criminal history, and whether the remaining firearm disability is state, federal, or both.
Direct answerYes. Some people with felony convictions can restore firearm rights through a state-law remedy, the federal firearm-rights restoration process under 18 U.S.C. § 925(c), or a combination of both. Restoration is not automatic, and a person should not possess, buy, receive, transport, or handle a firearm until every applicable prohibition has actually been removed.
Can a felon legally get gun rights back in 2026?
Potentially. The first question is not simply whether someone has a felony. The better question is which law is currently prohibiting that person from possessing firearms? A state conviction can create both state and federal consequences. A federal conviction can create a federal disability, while the law of the state where a person lives may add a separate restriction.
The renewed federal program is especially important because the U.S. Department of Justice now has an active process for individualized requests for relief from federal firearm disabilities under 18 U.S.C. § 925(c). DOJ states that people prohibited under 18 U.S.C. § 922(g), including felons under § 922(g)(1), may apply for federal relief. Being allowed to apply is not the same as being likely to receive relief.
What can prevent or delay restoration?
DOJ uses presumptive disqualifiers that can affect whether an application is likely to be denied. The federal rules include current-status, permanent, ten-year, five-year, and reapplication categories. The facts underlying an offense can matter—not merely the title of the conviction.
That is why two people who both say they have a “felony” can have very different restoration paths. A decades-old nonviolent financial conviction with a completed sentence may present a very different analysis from a recent violent offense, a firearm-related offense, an incomplete sentence, or a case involving a current disqualifying status.
Read our guide to federal presumptive disqualifiers →
State restoration and federal restoration are different
State law may provide relief through a court petition, pardon, restoration of civil rights, set-aside, expungement, waiting-period rule, or another procedure. The exact options depend on the state and offense. FelonJustice maintains state-by-state gun-rights restoration guides and separate cost guides for all 50 states plus Washington, D.C.
A state remedy can sometimes change the federal analysis, but the legal effect of the actual order matters. Likewise, a federal grant does not automatically eliminate an independent state firearm restriction.
What should you review before trying to restore gun rights?
- The exact statute and jurisdiction of every conviction.
- The judgment, sentence, and date every sentence requirement ended.
- Any probation, parole, supervised release, restitution, fines, or other obligations.
- Later arrests, convictions, restraining orders, or other firearm disabilities.
- Any pardon, expungement, set-aside, civil-rights restoration, or prior firearm order.
- The firearm law of the state where you currently live.
For the federal process, DOJ also requires substantial record collection. Its current document guidance includes criminal-history records covering the last 25 years, or since age 18 if shorter, plus conviction-specific records and other documents that apply to the case. Start with our Required Documents guide.
Four levels of help from Felon Justice
People asking whether they can get their gun rights back are often at very different stages. Our Services are structured around that difference:
- Pathway Consultation — $500: up to two hours of attorney consultation to identify the state and federal path, major issues, timing, and next steps. If Premium or Ultimate is later accepted, the $500 can be applied to that plan.
- Premium Federal Restoration — $2,000: up to five hours of legal consultation/review, document-acquisition help, character-reference guidance, brief narrative guidance, application review, and routine response/status help. Best suited to comparatively straightforward federal cases without an apparent presumptive-disqualifier advocacy issue.
- Ultimate Federal Restoration — $5,000: up to fifteen hours of legal work for complex matters, deeper record development, crafted narratives, and strategy addressing presumptive disqualifiers or difficult facts.
- State Review Only: a case-by-case review for state expungement, pardon, set-aside, civil-rights restoration, or firearm-rights restoration. Where appropriate, the matter can be coordinated with attorneys in our network who practice in the relevant jurisdiction.
What is happening with federal applications right now?
DOJ has announced a staged rollout of Federal Firearm Rights Restoration. Its current public guidance says the first broader public opening is scheduled for November 4, 2026, when the first 5,000 public applicants can apply on a first-come, first-served basis. Applicants should verify the current DOJ instructions before acting because rollout details can change.
The federal process includes the official application, required records, qualifying character references, a $30 application fee under the current rule, and USPS electronic fingerprints obtained after the applicant receives the required government instructions and QR code.
Do not treat eligibility as permission to possess a firearm
Being eligible to ask for relief does not restore firearm rights. Filing an application does not restore firearm rights. Paying a lawyer does not restore firearm rights. A person should wait until the relevant state and federal disabilities have actually been removed and the legal effect of the relief has been confirmed.
Frequently asked questions
Can every felon get gun rights back?
No. Some convictions or current statuses can create major barriers, and state law can permanently exclude certain offenses. Federal presumptive disqualifiers can also make relief much harder or unavailable absent extraordinary circumstances.
Can nonviolent felons get gun rights back?
Potentially. Nonviolent status can be relevant, but it does not create automatic eligibility for approval. The exact conduct, sentence, time elapsed, later history, and state/federal law still matter.
Can a federal felon get gun rights back?
Potentially. DOJ now administers an individualized federal firearm-rights restoration process under 18 U.S.C. § 925(c). A federal applicant still must satisfy the program’s substantive rules and address any presumptive disqualifiers.
Does expungement automatically restore gun rights?
No. The effect of an expungement varies by jurisdiction. The actual order and the rights restored or restrictions retained must be reviewed under both state and federal law.
Where should I start?
Start by identifying the conviction, jurisdiction, sentence-completion date, current state of residence, and any later criminal history. If you are unsure which remedy applies, consider a Pathway Consultation.
General information only. This article is not legal advice and is not permission to possess, receive, transport or purchase a firearm. Verify the current law and the legal effect of your actual court orders.
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