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Gun rights after a aggravated assault conviction

Can I Get My Gun Rights Back After a Aggravated Assault Conviction?

A person with an aggravated-assault conviction can submit a federal restoration application, but DOJ’s current framework creates a very strong presumption against relief for assaultive conduct, often in the permanent category.

Direct answer

Assault and battery conduct is treated as a serious violent category under DOJ’s current rule.

Common statute: State law or federal assault statutes such as 18 U.S.C. § 113 in some cases

OffenseAggravated Assault
ReferenceState law or federal assault statutes such as 18 U.S.C. § 113 in some cases
Federal layer18 U.S.C. §§ 922(g)(1), 925(c)
Next stepRecord-based eligibility review
Quick answerA person with an aggravated-assault conviction can submit a federal restoration application, but DOJ’s current framework creates a very strong presumption against relief for assaultive conduct, often in the permanent category.

Why a Aggravated Assault conviction matters

The exact facts matter: weapon use, injury, victim relationship, threats, and whether the case involved domestic violence can all create additional barriers. A generic “assault” label is not enough to predict the federal outcome.

How DOJ’s current restoration rule may treat the offense

Maiming, assault, and battery are among DOJ’s permanent presumptive-disqualifier categories, subject to the exact conduct and final rule.

If the victim was an intimate partner or the case also created a domestic-violence firearm disability, separate provisions may apply in addition to the felony-based disability.

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 aggravated assault 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 person with an aggravated-assault conviction can submit a federal restoration application, but DOJ’s current framework creates a very strong presumption against relief for assaultive conduct, often in the permanent category.

Maiming, assault, and battery are among DOJ’s permanent presumptive-disqualifier categories, subject to the exact conduct and final 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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