Can You Ever Get Your Gun Rights Back if You’re a Felon?

 February 11, 2026 in Elite Lawyer

Despite the Second Amendment, a criminal conviction can follow you long after the case is closed – especially when it costs you your gun rights. This can affect personal safety and fundamental constitutional rights.

In some cases, once firearm privileges are taken away, they are gone for good, even after completing probation, paying fines, and serving time. In other cases, some convictions allow an individual to have their gun rights restored.

While the process can be time-sensitive and full of legal complexities, understanding when restoration is possible and when it is permanently barred is crucial. A criminal defense lawyer recognized by Elite Lawyer can help you determine whether you are eligible to have your gun rights reinstated in 2026, and, if so, the best way to proceed.

Elite Lawyer is an award granted to criminal defense attorneys whose skills and client service set them apart. Learn more about Elite Lawyer’s selection process today. 

How Can You Lose Your Gun Rights?

The loss of gun rights can occur under state law, federal law, or both; however, the distinction between the two matters. Even if your state gun rights are restored, your federal gun rights may not be. The 1968 Gun Control Act prohibits anyone convicted of a felony – and anyone with a domestic violence protective order against them – from having a gun. 

Other ways in which gun rights are commonly lost include:

• Certain misdemeanor convictions that involve violence

• A mental health commitment

• Revocation or denial of a FOID card

• A conviction for domestic violence

Do You Have Gun Rights After a Felony Conviction?

Most felony convictions result in a lifetime prohibition on firearm possession. This includes violent and non-violent felony offenses, drug felony offenses, and financial or white-collar felonies. Even when a felony is later expunged or sealed under state law, federal firearm prohibitions may still apply, so you should always involve an attorney in the equation to ensure you are not breaking the law.  

Can You Lose Your Gun Rights for a Misdemeanor?

While not all misdemeanor convictions will trigger a firearm ban, domestic battery, violations of an order of protection, certain assault or battery offenses, and stalking-related offenses can. Domestic violence misdemeanors may be especially severe because federal laws impose a permanent firearm ban for these offenses.  

When and How Can You Get Your Gun Rights Back?

Some non-violent offenses allow restoration of gun rights following a statutory waiting period, provided all sentencing terms are completed, no new disqualifying offenses exist, and the offense is not federally prohibited. The waiting period depends on the crime, the state, and your behavior since the original criminal conviction.   

Contact a Top-Rated Criminal Defense Lawyer

If your gun rights were lost following a criminal conviction, an experienced local gun crimes defense attorney recognized by Elite Lawyer can potentially help you have those rights restored. Our attorneys come from all backgrounds, practice areas, and levels of experience, but they all share a commitment to providing clients the best service possible.

Contact Elite Lawyer today to learn more about this prestigious award or to find an attorney to help with your case.