As a felon can i own a gun

North Carolina law specifies that offenses pertaining to antitrust violations, unfair trade practices, or restraints of trade are the exception; therefore, if you have been charged or convicted of one of these crimes you can still own or possess a firearm. Further, a person charged or convicted of a felony can still own or possess antique firearms. Antique firearms are defined as those manufactured on or before , any replica of such, or any muzzle loading rifle, shotgun, or pistol that uses only black powder substitute.

If you were convicted but later pardoned you can own or possess a firearm, so long as this does not violate the conditions of the pardon. You are also able if the crime or conviction has been expunged or set aside or your civil rights have been restored, and you are not otherwise prohibited under the law. This stands apart from the sentence or punishment itself.

Some of the rights and privileges lost as a result of civil disabilities include the following:. The state of Arizona, as well as federal law, prohibits convicted felons from possessing a firearm or even ammunition.

Fortunately, Arizona allows felony offenders to restore their gun rights for most convictions. But in the case that the individual committed a federal crime, it is much harder to regain those rights. It is unlikely that a person convicted at the federal level will be able to restore their gun rights, though not entirely impossible. Someone convicted of a felony in the federal court may apply to have their civil rights restored in the county where they reside. Even if the state grants a request to restore gun rights, federal laws may still bar someone from possessing a deadly weapon.

The state cannot set aside or pardon a guilty verdict for a federal conviction. However, in some cases, the criminal offender may obtain automatic restoration or court relief under the federal law. If you were only convicted of one felony in the state of Arizona, your rights are restored in a petition is granted so long as you have completed probation or your discharge from prison.

You must also have all fines and restitution paid off. If you have two or more felonies, you must apply to have your civil liberties restored after the designated time has passed following probation two or 10 years.

The court clerk will then send the notice to the state and you will legally be able to own and possess a gun. She knows what it takes to restore your gun rights following a felony conviction. Call today at or fill out our online intake form to schedule your free consultation. Tel: Email: belen belenlawfirm. All rights reserved. June 25, Arizona Gun Laws for Felons Last year, Arizona ranked number seven for the highest number of registered guns per state.

How to restore gun rights lost by an Arizona conviction? Domestic Violence and Gun Rights A charge may also become a serious offense if another person received injuries, like domestic violence, for example.

Can I restore my firearm rights if I was convicted of a federal crime? Some of the rights and privileges lost as a result of civil disabilities include the following: The right to vote Holding public office Obtaining certain licenses or jobs The right to serve on a jury Entering into certain agreements Profiting from insurance or pension The state of Arizona, as well as federal law, prohibits convicted felons from possessing a firearm or even ammunition.

What happens after my gun rights are restored? Set Up Your Free Consultation. Leave this Blank if are sentient. What Our Clients Say.

For her integrity and professionalism, but during the course of our representation, we gained a degree of personal trust and reliance far exceeding our expectations. Belen demonstrated an amazing level of genuine care and compassion and an implicit desire to keep us informed and knowledgeable of each step in the process. RI Any felony while actually incarcerated; restored upon release.

Any felony or misdemeanor resulting in six months' jail; restored 3 yrs after discharge or by pardon. Firearms rights lost for "crime of violence"; restoration to felony domestic violence after two years, otherwise by pardon. SC Any felony or violation of election laws, misdemeanor if sentenced to prison; restored upon completion of sentence. Lost if convicted of crime punishable by imprisonment for more than one year, which includes misdemeanors.

Restored by pardon. Any felony or violation of election laws, misdemeanants sentenced to prison; restored upon discharge. Handgun rights lost upon conviction for a "crime of violence" including serious drug trafficking ; restored by pardon. Stewart, S. SD Any felony; for those sentenced after July 1, , restored upon completion of sentence, including payment of court debt.

The right to serve on a jury and to hold office are lost only if sentenced to incarceration, including a suspended term, and are restored upon release or completion of prison term. See S. By statute, same as jury; by constitution, same as vote.

All firearms rights lost for any "crime of violence" and certain drug felonies; restored after 15 years with no further such convictions, or by pardon. TN Any felony; restored upon discharge including payment of court debt except for serious violence or voter fraud. Any felony, perjury or subornation of pejury; restored by application to the court.

Any felony; restored by application to the court. Federal and out-of-state convictions may apply. Felony and some misdemeanors forfeit handguns; violent or drug offenses forfeit all firearms rights. See Tenn. Restoration by court except violent or drug crimes. Johnson, 79 S. Expungement which may be based on pardon restores rights, even for drug and violent crimes. TX Any felony; restored upon completion of sentence.

Any felony, pending felony or misdemeanor charges, and misdemeanor theft conviction; restored by pardon. Gubernatorial restoration of rights for federal and out-of-state first offenders. Gov't Code Ann.

All firearms rights for any felony conviction; restored 5 years after completion of sentence only for the premises in which the individual lives. UT Any felony and election-related misdemeanors while incarcerated. See Utah Code Ann. Any felony; restored by expungement. Any felony; restored by expungement or 10 yrs after discharge. Utah Code Ann. All firearms rights for any felony; restored by expungement except violent offenses or pardon.

VT Not lost. No firearms rights lost under state law, but court may prohibit possession of firearms as a condition of probation. See State v. Kasper, A. VI Any crime involving prison sentence of more than 1 yr; restored by pardon.

Felony offenders ineligible for firearms license; restored by pardon. The process for amending the state constitution to disenfranchise only those incarcerated has begun. See Va. Same as vote, except that constitutional amendment will not extend to jury. Firearms rights for felonies and certain juvenile adjudications; restored by court order if other rights restored or by pardon.

WA Any felony; Effective Jan. Collins, P. Any felony; restored upon discharge by court or executive restoration. Effective Jan. All firearms rights for violent, drug or sex offenses; restored by pardon, or by court order after waiting period based on a finding of rehabilitation.

WV Any felony or bribery in an election; restored upon discharge. Kanawha County Court, 68 W. Any felony or bribery in an election, or "perjury, false swearing or any crime punishable by imprisonment in excess of one year under the applicable law of this state, another state or the United States.

Restored only by pardon. Morrell, 61 F. Any felony or bribery in an election; restored upon completion of sentence for felony, except for bribery of state official which is restored by pardon.

All firearms rights for felonies and misdemeanor domestic violence; restored by court except for felonies involving violence, drugs, or sexual offense, which must be pardoned or expunged. See W. WI Any felony or bribery; restored upon completion of sentence.

Any felony or bribery; restored by pardon. All firearms rights upon conviction of felony; restored by pardon. WY Any felony; restored by pardon or gubernatorial restoration of rights. Same as vote ex. All firearms rights for crimes involving drugs or violence; restored through pardon. See Wyo. Handgun rights lost for misdemeanors involving violence 3 yrs or drugs 1 yr ; restored through expungement. This second chart illustrates the complex relationship between state and federal law relating to loss and restoration of firearms rights after conviction.

Under 18 U. See United States v. Bean , U. See Caron v. United States , U. The one thing that is fairly clear is that federal offenders may avoid federal and frequently state firearms restrictions only through a presidential pardon. See Beecham v. Bean, supra. It is important to stress that the information in this chart is solely for educational and informational purposes, and does not constitute legal advice.

While every effort has been made to ensure that the information is correct and current, the law in this area is complex and constantly changing, and readers are cautioned to research and verify it independently at an official source. Vote, jury, office all three for certain offenses only. Vote restored to most offenders through expedited restoration process Ala. Federal disability relieved only by pardon.

State offenders entitled under state law to possess long guns all or handguns non-violent remain federally disabled unless all civil rights restored. Caron v. United States, U. AK Concealable weapon rights lost for 10 years for felony offender permanent if violent offense , unless conviction set aside or pardoned. Vote, jury, office. Vote and jury automatically restored upon discharge. Becoming qualified voter restores right to hold office. Federal disability relieved when state concealable weapons bar removed for non-person offenses after 10 years.

Yes for non-violent, once year period expired. AZ Firearms rights lost upon felony conviction; regained through court action for all but "dangerous" offenders or through pardon.

First offenders regain all rights except gun rights upon completion of sentence; recidivists incl. Court or governor must restore civil rights and firearms rights to relieve federal disabilities.

AR Firearms rights lost upon felony conviction; regained through expungement or pardon, or through gubernatorial restoration for offenses not involving weapons. Vote felony , jury felony , office certain crimes. Vote automatic, other rights by pardon jury or expungement office. Civil Proc. Vote automatic upon release from imprisonment or parole, other rights regained by pardon. State set-aside not sufficient, People v.

Frawley, 98 Cal. CO Firearms rights lost for felony convictions unless pardoned. Vote and office while imprisoned or on parole ; jury right not lost at all. All rights lost automatically restored upon release from parole. Serious misdemeanants who lose no civil rights must also be pardoned.

CT Handgun rights lost felony or serious juvenile offense , restored by pardon or expungement. Vote and office for certain offenses, if imprisoned , jury for felonies. Vote and office regained upon release from parole; jury restored seven years after completion of sentence. Pardon, expungement, set-aside; State offenders entitled to long guns under state law remain federally disabled Caron v. DE Firearms rights lost if felony or crime of violence or drug crime; restored by pardon.

Non-felony bar lasts only five years. Vote restored after 5 years certain serious offenders need pardon , jury through pardon, and office not restored through pardon. Pardon DC Firearms rights lost for violent and sex offenses; drug and certain other offenses within five years.

Vote and office if imprisoned; jury. C Mun. Vote and office upon release; jury after one year. Pardon; Serious misdemeanants who lose no civil rights must also be pardoned.

Yes, for those who went to prison and lost civil rights, and whose crime does not result in loss of firearms rights. FL Firearms rights lost, restored by restoration or by pardon after 8-year waiting period. Vote, jury and office. Pardon or restoration of rights by executive clemency. Pardon specifically restoring gun rights; Serious misdemeanants who lose no civil rights must also be pardoned.

GA All firearms rights for felonies; first offenders may apply for a license 10 years after completion of sentence, five years for deferred adjudication, otherwise by pardon. Vote certain felonies , jury felonies , office certain felonies. Vote automatic upon completion of sentence, jury and office restored by pardon. Pardon specifically restoring gun rights.

HI Firearms rights lost only during sentence, except for enumerated violent felonies; those convicted of violent felonies must seek restoration through "expungement, pardon, setting aside the conviction, or other comparable procedure.

Gomez, F. Yes, for non-violent felony offenders sentenced to prison term including suspended ID Firearms rights lost felonies, drug crimes, crimes of violence , restored by pardon if specifically provided. Vote, office restored upon completion of sentence may vote during parole or probation ; jury through pardon.

Pardon specifically restoring gun rights, set-aside. Vote upon imprisonment , office created by state constitution ex: governor, judge, General Assembly member upon conviction. Pardon, set-aside or expungement, if firearms rights not expressly excluded. But see Buchmeier v. United States, F. Vote if imprisoned , jury felonies and certain misdemeanors , office felonies. Vote restored upon release; jury upon completion of sentence, office by pardon. Expungement restores gun rights; Pardon specifically restoring gun rights.

State offenders entitled to long guns under state law remain federally disabled. Vote, office both for infamous crimes. Pardon or restoration of rights, if firearms not expressly excluded; set-aside. Some misdemeanants may also be subject. KS All firearms rights for a "person felony" or drug offense, if a firearm was carried at the time of offense; 5-year or yr restriction for other person felonies; yr restriction for non-person felonies involving firearm.

Jury eligibility lost for a minimum of 10 years. Federal bar avoided when all civil rights restored or person pardoned, as long as not subject to firearms disability under state law.

United States v. Burns, F. Minimum of 10 years for those no longer subject to state gun disabilities, unless pardoned. KY Firearms rights lost for any felony unless pardoned. Pre convictions: handguns only. Vote incl.

Pardon or gubernatorial restoration of rights. LA Firearms rights only lost for crime of violence, drug felony, sex offenses, restored automatically for ten years after completion of sentence, or earlier by pardon.

Vote if sentence to imprisonment , jury, office. Vote upon release from supervision, office upon completion of sentence or after 15 years, jury by pardon. Pardon, set-aside La.

Federal authorities do not recognize state First Offender Pardon. Separate bar on concealed weapons may preclude federal restoration under Caron v. ME Firearms rights upon conviction of felony. After five years, a permit to carry any weapon not within definition of "firearms" under 18 U. Vote, office, jury only if sentenced to more than six months imprisonment. Vote and office upon completion of sentence; jury by pardon.

Pardon, set-aside MA Handguns rights lost permanently for felonies and serious misdemeanors; long gun rights restored five years after conviction or release, except to drug and violent offenders. Pardon necessary to relieve handgun restrictions. Vote if imprisoned , jury within seven years. MI Firearms rights lost for felonies for three years after completion of sentence, five years for specified violent or drug offenses plus county restoration. Vote if imprisoned , jury, office some offenses.

Vote restored upon release, jury only with pardon or expungement first offenders , office disqualifications vary. Pardon or expungement first offender set-aside , or passage of time years. State offenders who have regained gun rights under state law remain federally disabled.

MN Firearms rights lost upon felony conviction restored upon completion of sentence unless crime of violence defined to include drug crimes and many theft and burglary offenses , in which case court may restore upon petition. Vote treason or felony , jury, office. Restoration of all rights upon expiration of sentence except bribery conviction permanently disqualified from public office Minn.

Pardon or set-aside. Felony offenders convicted of nonviolent crime or whose gun rights restored by court not subject to federal disabilities. Collins, F. Yes, for nonviolent crimes. MS Firearms rights lost upon conviction of felony unless pardoned or granted a "certificate of rehabilitation" by a court.

Vote, jury, office all for certain offenses only. If lost, rights to vote and hold office restored by pardon; jury right restored after 5 years. Pardon only means of relief from federal disabilities for those who lost civil rights; for those who lost no civil rights, certificate of rehabilitation.

State offenders who have regained gun rights under state law probably remain federally disabled, since certificate of rehabilitation does not restore civil rights. MO Firearms rights lost except antique weapons unless pardoned. Vote and office restored upon completion of sentence; jury by pardon. Pardon or expungement provides relief from federal disabilities. MT Firearms rights lost if conviction involves use of dangerous weapon; may be regained through application to court.

All rights restored upon termination of supervision. No exposure for felony offenders unless offense involves use of dangerous weapon, and court has not authorized permit. Yes, except for offenders convicted of offense involving use of dangerous weapon. NE Firearms rights lost, restored by governor with authority from Pardon Board, or by set-aside.

Vote restored two years after completion of sentence; other rights through warrant of discharge from Pardon Board. Restoration procedure administered by Pardon Board, governor; set-aside. NV All firearms rights lost for any felony; restored by application to the sentencing court, the Board of Parole Commissioners, or Board of Pardons.

Pardon or court restoration. Vote if incarcerated , office. Jury upon annulment. Pardon or Annulment. NJ Firearms rights lost by violent offenders; handguns prohibited to all convicted of crimes or domestic violence offenses; restored by pardon or gubernatorial restoration. Vote restored upon completion of sentence election law offense requires pardon ; jury and office by pardon.

Pardon Non-violent state offenders who did not lose gun rights under state law remain federally disabled. NM Firearms rights lost, restored automatically ten years following the conviction, or by earlier pardon. Vote and jury restored upon completion of sentence; office with gubernatorial restoration of rights or pardon.

Notwithstanding earlier restoration of gun rights under state law, felony offenders can avoid federal law only through pardon. State offenders who regained gun rights after 10 years under state law may remain federally disabled because rights not fully restored. Vote if incarcerated , jury, office. Vote restored upon expiration of sentence or release from parole, other rights restored by pardon or certificate of relief from disabilities.

Pardon, or if firearms rights expressly restored by certificate. See also Britt v. Britt court order only means of relief from federal disabilities, see United States v. McLean, F. ND Firearms rights lost for five years after sentence or release discharge in case of nonviolent felonies and violent misdemeanors; for 10 years in case of violent felonies. Pardon restores earlier if expressly stated. Vote, jury, office all only during actual incarceration.

Felony offenders who lost civil rights because sentenced to prison, and who are no longer under state gun bar are not federally disabled. Those not sentenced to prison who lost no rights cannot qualify under "restoration of rights" provision.

See U. Logan, U. OH Firearms rights lost if convicted of a violent felony or any drug offense; relief available from court. Vote while incarcerated , jury, office. Non-violent felony offenders or those relieved by court from firearms disabilities are not federally disabled if sentenced to prison. Cassidy, F. Others by pardon. Felony offenders not sentenced to prison who lost no civil rights remain federal disabled even after regaining state gun rights.

Those who lost and regained civil rights and are no longer subject to state gun disabilities. OK Concealable firearms barred for felony offenders, restoration by pardon only for non-violent offenders. Vote, jury, office incl. Vote restored on discharge, jury after pardon, office 15 years after discharge or pardon. Gun rights restored by pardon for non-violent offenders, set-aside Yes, for those not subject to state gun disabilities.

OR Firearms rights lost, restored automatically to certain first offenders after 15 years; restoration by court to non-violent offenders with one-year waiting period, juveniles after 4 years; otherwise by pardon. Vote, jury, office all only while incarcerated. All rights restored upon release or set-aside. Certain first felony offenders who lost rights by sentence to imprisonment are not federally disabled after 15 years; others restored by court, pardon or set-aside.

State offenders permitted to possess long guns under state law remain federally disabled. PA Firearms rights lost for violent and drug offenses, repeat DUI; restoration by pardon, vacated conviction, or by court after 10 years.

Code ch. Vote upon release, jury and office by pardon. Yes, for first offenders who lost civil rights, after 15 years or earlier restoration by court. PR Firearms rights lost; restored through pardon or judicial expungement "elimination".

All restored upon release. Pardon or expungement. State offenders who did not lose guns rights under state law or who regained them by court order remain federally disabled unless conviction pardoned, set aside or expunged. RI Firearms rights lost only for "crime of violence;" felony domestic violence restored automatically after two years; otherwise restored by pardon.

Vote while incarcerated , jury, office incl. Vote upon release, jury upon completion of sentence, office 3 years after completion of sentence or earlier pardon. Non-violent felony offenders, or DV offenders after two years, if they lost all rights not federally disabled; others by expungement or set-aside.

SC Handgun rights lost for crime of violence including serious drug trafficking , restored by pardon. Vote and office upon release office after embezzlement by General Assembly vote or by pardon, jury by pardon. Yes, for non-violent offenders who served prison sentence and are not subject to state law firearms disabilities; felony DV offenders after two years. SD Firearms rights lost if convicted of "crime of violence" or serious drug felony, restored automatically after 15 years if no similar conviction; earlier by pardon.

Vote, jury, office all while incarcerated. All rights restored upon release. Violent and drug offenders who lost rights by virtue of prison sentence after 15 years are not federally disabled; others by pardon, set-aside.

All state offenders entitled under state law to long guns Caron v. TN Handgun rights lost to all felony offenders, may be restored by court order to all but violent or drug offenders, who also lose long gun rights.

Violent and drug offenders regain through expungement only. See also Blackwell v. Haslam, Tenn. Vote upon completion of sentence, but most serious offenses only by pardon , jury and office by court order or pardon.

Pardon, expungement or set-aside relives federal disabilities as long as state law disabilities are not expressly reserved. Yes, violent and drug offenders who lost rights by virtue of prison sentence after 15 years.

TX Firearms rights restored five years after release from supervision, but only for possession at home. Vote, jury, office certain offenses. Vote upon completion of sentence , jury and office by pardon.

Pardon, set-aside. UT Firearms rights lost, regained by court expungement or pardon. Most violent offenses ineligible for expungement. Expungement or pardon. All state offenders entitled under state law to possess guns at home remain federally disabled absent pardon or set-aside. VT Firearms rights not lost except by court order.

State v. Jury only those sentenced to prison. Pardon, set-aside, certificate of restoration of rights VI Firearms rights lost, regained by pardon.. Vote and office restored upon release, jury upon pardon. VA Firearms rights lost upon conviction of felony or if adjudicated delinquent based on certain serious offenses , restored by pardon or by court if other rights previously restored.

Separate bar on concealed weapons applies to some misdemeanants. Gubernatorial restoration of rights. Pardon or restoration of rights.

WA Firearms rights lost on conviction of violent, drug or sex offense, including misdemeanants, but not those sentenced to probation. Restoration for less serious offenses by court order after a waiting period.

All rights restored by certificate of discharge upon completion of sentence, or by pardon. Pardon, annulment, or other equivalent procedure based on a finding of the rehabilitation relieves federal disabilities.

See State offenders need both governor's restoration and court order to avoid federal bar. Separate bar on concealed weapons may preclude federal restoration for some offenses. WV Firearms rights lost by felony offenders and domestic violence misdemeanors ; restored by court except for violent, drug and sex offenses, whose convictions must be pardoned or expunged. Vote and office restored upon completion of sentence; jury rights not restored so that WV offenders cannot invoke "restoration of rights" provision of a Yes, if state firearms rights not lost.

WI Firearms rights lost by felony offenders; regained by pardon. Vote and jury both certain offenses , office. Vote and jury restored upon completion of sentence; office only through pardon.

WY Firearms rights lost by those convicted of "violent felony" or drug offense unless pardoned.