According to the Bureau of Justice Statistics, approximately 6.1 million U.S. adults have a felony conviction. In states like Georgia alone, that number touches 730,000. While violent felonies (e.g., murder, assault, robbery) generally carry strict and permanent firearm bans, the situation is more complicated for non-violent felons—those convicted of offenses such as drug possession, white-collar crimes, or theft. Can they own a gun again? In many cases, the answer is yes—but it’s not always easy.
What Is a Non-Violent Felony?
Before diving into legal rights, let’s clear up who qualifies as a non-violent felon.
Common Non-Violent Felony Offenses:
- Drug possession or trafficking (non-violent)
- Tax evasion
- Wire fraud or embezzlement
- Identity theft
- Check fraud
- Theft without force
- Cybercrime
- Forgery
These crimes don’t involve physical harm or the threat of violence but are still classified as felonies due to the amount of money involved, repeat offenses, or other aggravating factors.
Federal Law: What Does the Second Amendment Say?
At the federal level, gun rights for felons are primarily governed by the Gun Control Act of 1968.
Under 18 U.S. Code § 922(g)(1), it is illegal for any person:
“…who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year…”
“…to ship, transport, possess, or receive firearms or ammunition.”
That applies regardless of whether the felony was violent or non-violent.
How Can a Non-Violent Felon Restore Gun Rights?
There are three main ways a non-violent felon can get their gun rights back:
1. Expungement or Record Sealing
If a court expunges your felony conviction, you’re no longer considered “convicted” under federal law.
States like Illinois, Utah, and California allow limited expungement of non-violent felonies.
2. Governor’s Pardon
A full pardon restores your civil rights, including gun rights in most states.
- In Texas, a governor’s pardon reinstates all rights.
- In Florida, it requires clemency through the Board of Executive Clemency.
3. Restoration by a Court or Agency
Several states allow you to petition the court for the restoration of firearm rights after serving your sentence.
- Washington: You can file a petition 5 years after sentence completion.
- North Carolina: After 20 years and a clean record, you may be eligible.
- Oregon: Allows restoration after just 1 year for some crimes.
In all cases, you’ll need:
- Proof of rehabilitation
- No new charges
- Letters of recommendation or character references
Major Court Cases Changing the Game (2022–2025)
Recent legal decisions have reshaped how courts look at non-violent felons and gun rights.
Range v. Garland (2023) – U.S. Court of Appeals for the Third Circuit
Background: A Pennsylvania man convicted of food stamp fraud (a non-violent felony) sued to get his gun rights restored.
Ruling: The court ruled in his favor, stating that blanket firearm bans for all felons violate the Second Amendment if the person poses no danger to society.
Impact: This opened the door for non-violent felons to challenge their firearm restrictions in federal court.
Bruen Decision (2022) – Supreme Court of the United States
This ruling emphasized a “historical tradition” test: gun laws must align with what was historically accepted at the time of the founding (late 1700s).
That means broad restrictions—like lifetime bans for non-violent felons—may not hold up if they don’t align with 18th-century norms.
As of 2025, multiple lawsuits are using this precedent to argue for restoration of rights.
State-by-State (2025)
Here’s a snapshot of what different states allow regarding non-violent felons and gun rights:
| State | Gun Rights Restored? | How? | Waiting Period |
| Texas | ✅ Yes | Governor’s pardon | None after pardon |
| California | ⚠️ Partial | Certificate of Rehabilitation or pardon | 10 years |
| Florida | ❌ Rare | Clemency Board | 8 years minimum |
| Oregon | ✅ Yes | Petition court | 1 year |
| New York | ❌ Hard | Certificate of Relief | Case-by-case |
| Georgia | ✅ Yes | State Board of Pardons | 5 years |
| North Carolina | ✅ Limited | 20-year clean record + court approval | 20 years |
| Washington | ✅ Yes | Petition court | 5 years |
| Illinois | ⚠️ Partial | Expungement or sealing | Varies |
| Arizona | ✅ Yes | Civil rights restored via judge or governor | 2 years |
Can I get gun rights back automatically in any state?
Yes, in a few states, your rights are automatically restored after a waiting period without needing a pardon or formal petition—assuming you have no additional convictions.
Examples:
- Alaska: 10 years post-sentence for non-violent felonies
- South Carolina: Upon sentence completion, under certain conditions
- Oregon: Automatic for first-time offenders 15 years after sentence
- Texas: Automatically allows possession at home 5 years post-sentence (but not purchase)
Can I buy a firearm if I live in a state that allows possession after a non-violent felony?
No. Possession ≠ Purchase.
In many states (e.g., Vermont, Indiana, Rhode Island), non-violent felons may possess a firearm but can’t buy one. The sale or transfer of a firearm is still governed by federal background check laws, which will flag your felony unless it’s been pardoned or expunged.
What’s the difference between a pardon, expungement, and annulment when it comes to gun rights?
Answer:
| Term | Meaning | Effect on Gun Rights |
|---|---|---|
| Pardon | Official forgiveness by the governor or president | Usually restores rights, including firearm rights |
| Expungement | Legal erasure of the conviction | Treated as if the conviction never occurred — restores firearm rights |
| Annulment | Common in states like NH; voids the legal effect of a conviction | Restores rights, but effect depends on the state’s laws |
Do misdemeanors ever affect gun rights?
Yes. Federal law prohibits gun ownership if you’ve been convicted of a misdemeanor involving domestic violence, even if it’s not a felony.
That means a simple domestic battery charge—even with no jail time—can result in a lifetime gun ban under federal law.
Case Study
Case: James, 38, Oregon
James was convicted of felony marijuana possession in 2013. He served 1 year of probation. In 2018, he filed a petition to restore his firearm rights. With no new arrests, several community service hours, and strong recommendations, the judge restored his rights under Oregon law.
It felt like getting a piece of my life back,” James said.
Learn More: Can a Felon Own an Air Rifle?
Can I own a firearm if I committed my felony in another country?
In most cases, foreign convictions don’t automatically disqualify you under federal law unless:
- The offense would be classified as a felony in the U.S.
- There’s a treaty that enforces reciprocal punishment.
Still, most states treat foreign convictions similarly to domestic ones, so you’d need to petition to restore your rights locally.
What You Can Do Right Now?
If you or someone you know has a non-violent felony conviction and wants to restore gun rights:
Steps to Take
- Get a copy of your criminal record.
- Consult a state-specific attorney.
- See if you’re eligible for expungement or pardon.
- File for a restoration of rights in your state.
- Gather character references and proof of rehabilitation.
Can my gun rights be restored in Missouri?
Yes—but only under very strict conditions. Missouri has a reputation for being one of the toughest states on gun rights for felons. However, restoration may be possible via:
- Expungement
- Governor’s pardon
Missouri law doesn’t offer automatic restoration, and even non-violent felons are barred from firearm possession unless the conviction is legally nullified.
Does restoration allow both ownership and purchase?
Only if your record is expunged or you’ve received a pardon.
Restoration through state law may only allow possession. To legally purchase from a dealer (who runs a federal background check), your federal status must also be clear.
How does a non-violent felony affect concealed carry permits?
You can’t get a concealed carry permit with any felony record, unless:
- Your rights have been restored and
- You pass a background check and
- The state allows reinstatement of CCW privileges after expungement or pardon
Most states are extremely strict on this point.
Final Thought
Restoring gun rights for non-violent felons is a hot legal topic in 2025. Thanks to shifting court decisions and growing public pressure, many states are loosening their restrictions, giving reformed individuals a second chance at full citizenship. But the road isn’t the same for everyone—it’s a patchwork of laws, red tape, and timing.
If you’re affected, don’t sit back. Consult a qualified attorney in your state, explore expungement or pardon options, and take control of your rights.
FAQs
Can I own a gun if my felony was over 10 years ago?
Maybe. Some states allow restoration after a set number of years—others don’t. Check your state’s law.
What about black powder or antique guns?
Federally, black powder firearms aren’t considered “firearms” under the Gun Control Act. Still, some states restrict even those.
Can I go hunting with a bow or crossbow?
In most states, yes. A felony doesn’t usually bar you from using archery equipment.
Do juvenile felonies count against gun ownership?
Depends on the state and whether the juvenile was tried as an adult.
If you were convicted in juvenile court, many states don’t count that against you.
But if tried as an adult, the felony stays and blocks gun rights like any adult conviction.
Are antique guns or black powder firearms legal for felons?
Under federal law, yes—black powder and antique firearms (made before 1898) aren’t regulated the same way. Some states (like New Jersey, California, and Illinois) prohibit these for felons. Owning ammunition for one can still lead to federal charges.
