How Can I Lose My Gun Rights in My State?

Gun ownership carries legal responsibility, and the law draws firm lines around who may possess a firearm. A criminal conviction, domestic violence incident, or certain court orders can shut the door on that right with lasting impact.

“No one understands, or most people don’t understand, what you can and can’t do, what the possibilities are,” says Baltimore attorney James Astrachan. “Everyone gets so emotionally charged. You have gun nuts on both sides of the argument. One group is saying, ‘No guns!’ The other side says, ‘No restrictions!’ Everybody is wrong.”

For personalized legal advice on gun ownership rights following a criminal conviction, speak with a criminal defense lawyer.

Federal Laws Prohibiting Gun Ownership

The federal Gun Control Act establishes a nationwide baseline for who can ship, receive, transport, and possess firearms. This act requires Federal Firearms Licensees (FFLs) to run a National Instant Criminal Background Check System (NICS) check before transferring most firearms to non-licensees. The NICS system checks state and federal records to determine eligibility.

Federal law disqualifies several categories of people from owning guns, including those who:

• Are convicted of a felony
• Have fled a jurisdiction or given false information to avoid prosecution
• Were dishonorably discharged from the U.S. Armed Forces
• Are current unlawful users of a controlled substance
• Are adjudicated to be mentally defective or involuntarily committed to a mental institution

Federal gun laws are the baseline. States can and do create laws that enhance the federal firearms laws. Whether a ban prohibiting gun ownership is temporary or permanent will depend on the jurisdiction.

State-Specific Gun Prohibitions

It’s common for states to build on federal laws to create additional restrictions or rights in their jurisdiction. For example, some states impose temporary automatic restrictions on firearm possession after specified events, such as arrests for violent crimes, emergency protective orders, or temporary findings of incapacity.

A majority of states have “red flag” laws, also called Extreme Risk Protective Orders (ERPOs), to protect public safety. The court can issue an ERPO to temporarily remove firearms from people who are deemed to be an immediate risk to themselves and others. To initiate this, each state defines who can petition the court, such as family members, household members, law enforcement, or clinicians.

Many states impose a waiting period when purchasing a firearm to enforce gun prohibitions. Waiting periods are designed to supplement the NICS check but not replace it. Other states, like Idaho and Ohio, do not have any waiting period.

Astrachan talks about the strict gun ownership requirements in Maryland: “You have to be fingerprinted, you have to take a course, you have to pay a fee, you have to pass shooting tests. It takes an entire day and costs $300, so many of the people who impulse-buy a handgun are out of the market.”

Felony Convictions and Your Gun Rights

A felony conviction is the most common reason people lose their gun ownership rights. A felony conviction is part of the criminal records that feed into NICS and state background systems. An affected person will typically be denied in any background check and can face federal prosecution for possession.

There are non-violent and violent felonies. Federal law treats both the same, while states may create harsher penalties for violent felony offenses. Federal prohibition remains unless affirmative federal relief is granted (pardon, expungement by federal court, or an authorized relief process.

State actions may or may not remove federal disability. If a conviction of felony charges is later reduced to misdemeanors, state-level rights may be restored, but federal rights won’t be automatically restored.

Domestic Violence Convictions and Restraining Orders

Many states, like Delaware, Utah, Georgia, and Kentucky, specifically list domestic violence in their gun prohibition laws. The District of Columbia takes it a step further and includes certain classes of sex offenders in its D.C. code.

Domestic-violence convictions and certain protective orders trigger uniquely severe firearm prohibitions under federal law. Historically, firearms have increased the lethality of domestic violence encounters. The goal of harsher punishment is to deter this crime of violence or prevent the individual from repeatedly committing it.

In addition to domestic violence, federal law includes associated crimes where possession of a firearm would likely increase the threat to others — for example in cases involving harassment, stalking, or threats.

Mental Health and Firearm Possession

Certain court-ordered and involuntary mental-health findings result in the loss of gun rights. The purpose of this prohibition is public safety.

Some states use general language in their laws. Others, like Connecticut and Massachusetts, explicitly state involuntary mental-health commitments in their gun laws. States try to balance civil rights with protecting public safety. How this is done can vary from state to state.

Some states say those “adjudicated as a mental defective” should lose their gun rights. These are individuals who the court found incompetent to stand trial, mentally incapacitated, or who require guardianship/conservatorship. Other states use the threshold of those “committed to a mental institution” involuntarily. Voluntary commitment does not trigger the ban because states do not want to discourage people from seeking help.

Can You Lose Gun Rights for a Misdemeanor?

The short answer is yes: Misdemeanor convictions can result in the loss of gun rights under federal and state law. However, the nuances of misdemeanor offenses and potential rights loss are complicated.

Not all states impose this penalty for misdemeanors. Not all misdemeanors qualify for the loss of gun rights. Generally, certain categories of misdemeanors are associated with losing gun rights.

• Crimes involving violence or attempted violence
• Weapons-related misdemeanors
• Stalking and harassment crimes
• Terroristic threats/criminal threats
• Domestic dispute–related misdemeanors

Colorado imposes gun restrictions for certain misdemeanor weapon offenses. A lawyer can help accused individuals understand their rights. In contrast, Kansas includes drug offenses that involve a weapon.

A federal violent misdemeanor conviction can have different penalties than a state misdemeanor. For example, there is a federal domestic violence misdemeanor ban that results in the permanent loss of gun rights. State misdemeanor bans can be temporary or permanent. While states must follow the federal ban on domestic violence, they can define different waiting periods for other violent offenses.

Executive Order 14206, issued in March 2025, reintroduced federal restoration avenues. The DOJ will begin allowing individuals who are not “dangerous to public safety” to use the statute and petition to have their gun rights restored.

The Process for Restoring Gun Rights

There is no single process for restoring lost firearms rights, and procedures can vary significantly from state to state. For the majority of states, restoration of civil rights is not automatic. Not all states have a process for restoring gun rights, and in those that do, not all criminal offenses are eligible. Domestic violence misdemeanors and violent felonies are barred from relief in many states.

States’ most commonly accepted method for restoring gun rights is through a pardon. An executive action performed by the state’s governor forgives the conviction. However, it isn’t common for individuals to obtain a pardon. They are typically reserved for very old convictions, strong rehabilitation cases, or extraordinary circumstances.

Other common methods, which are accomplished through a court order, include:

• Expungement. Removes or nullifies the criminal record as if the conviction never occurred
• Set-aside or dismissal. Takes place after the individual successfully completes their sentence.
• Record sealing. Doesn’t remove a criminal record but hides it from the general public’s view.

Consulting with a lawyer is crucial before pursuing the restoration of gun rights. An experienced lawyer will run background checks for their client to confirm that all rights are restored.

When To Contact a Criminal Defense Attorney

Facing the loss of your gun rights is rarely a singular legal issue. Hiring a lawyer helps you protect your rights and prepare a defense for the related criminal charges. Experienced attorneys provide guidance on the law’s technicalities.

Trying to self-interpret the law can lead to serious criminal liability or inadvertently trigger permanent prohibitions. Even minor possession, transfer, or purchase mistakes can carry federal felony penalties in many states.

Find Legal Help

If you or someone you know has been disqualified for any reason, contact a reputable and experienced criminal defense attorney.