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Gun rights after a felony battery / serious bodily injury conviction

Can I Get My Gun Rights Back After a Felony Battery / Serious Bodily Injury Conviction?

A felony battery conviction usually faces a permanent presumption against federal firearm-rights restoration because battery is specifically included in DOJ’s permanent category.

Direct answer

Felony battery is assaultive conduct and generally falls within DOJ’s permanent presumptive framework.

Common statute: Varies by state; felony status often depends on serious injury, victim status, strangulation, or other aggravating facts

OffenseFelony Battery / Serious Bodily Injury
ReferenceVaries by state; felony status often depends on serious injury, victim status, strangulation, or other aggravating facts
Federal layer18 U.S.C. §§ 922(g)(1), 925(c)
Next stepRecord-based eligibility review
Quick answerA felony battery conviction usually faces a permanent presumption against federal firearm-rights restoration because battery is specifically included in DOJ’s permanent category.

Why a Felony Battery / Serious Bodily Injury conviction matters

Felony battery statutes can be triggered by serious bodily injury, strangulation, use of a weapon, repeat offenses, protected victims, or other aggravators. The charging document and judgment should be used to identify the precise theory.

How DOJ’s current restoration rule may treat the offense

Battery and similar assaultive conduct are permanent presumptive disqualifiers under DOJ’s current rule.

Domestic-violence context, strangulation, weapon use, serious injury, or repeated assaultive conduct can add separate federal and state firearm restrictions.

What records should be reviewed?

For a felony-based firearm disability, DOJ currently directs applicants to gather the charging document, judgment of conviction, and official proof of the date the final sentence requirement was completed. Depending on the case, the plea agreement, factual basis, presentence report, prior restoration applications, and state criminal-history records may also be required. See the complete Federal Restoration Required Documents Checklist →

State law can still change the answer

If the felony battery / serious bodily injury conviction was entered in state court, a pardon, set-aside, expungement, restoration of civil rights, or firearm-specific order may affect whether the conviction continues to count for federal firearm purposes. The legal effect of the actual order matters. Use the Gun Rights by State guides to identify the separate state layer.

What should you do next?

Start with the Eligibility Review if you are not sure which restoration path fits. If a federal § 925(c) application appears relevant, use the shorter federal restoration services. You can also read the September 2026 DOJ update and the main gun-rights restoration FAQ.

Do not possess a firearm based on this page. A general offense guide cannot determine whether every federal, state, or tribal restriction has been removed for your record.

Frequently asked questions

A felony battery conviction usually faces a permanent presumption against federal firearm-rights restoration because battery is specifically included in DOJ’s permanent category.

Battery and similar assaultive conduct are permanent presumptive disqualifiers under DOJ’s current rule. The exact judgment and underlying conduct should be reviewed before relying on a general category.

Start with the charging document, judgment, plea or trial disposition, sentencing records, official proof of when the final sentence requirement was completed, and copies of any prior pardon or rights-restoration order. DOJ also currently requires state criminal-history records covering the applicable period.

Not necessarily. Probation, parole, supervised release, community service, restitution, fines, or other criminal sentence requirements can affect the final sentence-completion date.

Sometimes, particularly for state convictions, but federal law looks at the legal effect of the relief. A pardon, expungement, set-aside, or restoration of civil rights should be reviewed under 18 U.S.C. § 921(a)(20) and current state law.

No. Filing an eligibility review, a FelonJustice intake, or an official DOJ application does not suspend a firearm prohibition. Relief must actually be effective under every applicable federal, state, and tribal rule.

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