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Gun rights after a murder / homicide conviction

Can I Get My Gun Rights Back After a Murder / Homicide Conviction?

A murder or homicide conviction presents a permanent presumption against federal firearm-rights restoration under the current DOJ rule. Passage of time alone does not remove that presumption; extraordinary circumstances would generally be required.

Direct answer

Felony conduct involving the death of another person is within DOJ’s permanent presumptive-disqualifier category.

Common statute: 18 U.S.C. § 1111 or state murder/homicide statutes

OffenseMurder / Homicide
Reference18 U.S.C. § 1111 or state murder/homicide statutes
Federal layer18 U.S.C. §§ 922(g)(1), 925(c)
Next stepRecord-based eligibility review
Quick answerA murder or homicide conviction presents a permanent presumption against federal firearm-rights restoration under the current DOJ rule. Passage of time alone does not remove that presumption; extraordinary circumstances would generally be required.

Why a Murder / Homicide conviction matters

Murder and homicide statutes vary by degree, intent, and jurisdiction, but the federal restoration rule does not treat death-related felonies like ordinary nonviolent offenses. The conviction and underlying conduct place the application in a heightened public-safety category.

How DOJ’s current restoration rule may treat the offense

Felony conduct involving the death of another person is permanently presumptively disqualifying under DOJ’s current framework, absent extraordinary circumstances.

Even if a sentence was completed decades ago, the permanent presumption remains. Rehabilitation and later lawful conduct can be relevant to the individualized review, but no amount of elapsed time automatically converts the case to the five-year category.

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 murder / homicide 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 murder or homicide conviction presents a permanent presumption against federal firearm-rights restoration under the current DOJ rule. Passage of time alone does not remove that presumption; extraordinary circumstances would generally be required.

Felony conduct involving the death of another person is permanently presumptively disqualifying under DOJ’s current framework, absent extraordinary circumstances. 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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