If you have been convicted of a felony, federal law almost certainly bans you from possessing firearms or ammunition—anywhere in the United States, for life, unless that ban is specifically lifted. The controlling statute is 18 U.S.C. § 922(g)(1), and it applies even if the underlying conviction was in state court. There is one major exception—a "restoration of civil rights" pathway defined in 18 U.S.C. § 921(a)(20)—but the Supreme Court has interpreted that exception narrowly. This article explains what the ban covers, when the restoration exception can apply, and what practical steps you can take.
The Basic Rule: § 922(g)(1)
18 U.S.C. § 922(g)(1) makes it a federal crime for any person convicted of "a crime punishable by imprisonment for a term exceeding one year" to ship, transport, possess, or receive any firearm or ammunition in or affecting interstate commerce. Because virtually every commercially sold gun and most ammunition has at some point traveled in interstate commerce, this language covers nearly all firearms.
Violating § 922(g)(1) is itself a federal felony, potentially adding substantial additional prison time on top of whatever other charges a person might face. The ban applies to actual possession, constructive possession (having control over a gun even if not on your person), and even briefly handling a firearm.
What Counts as a "Felony" Under Federal Law?
Federal law focuses on the maximum sentence authorized for the offense, not the label a state applies to it. 18 U.S.C. § 921(a)(20) defines the key phrase the ban uses: a "crime punishable by imprisonment for a term exceeding one year." In practical terms, most state felonies—any offense carrying a potential sentence above one year—trigger the federal ban. The test looks at the maximum penalty authorized by the law, not the sentence actually imposed on you. Because the precise scope of what does and does not count can turn on the wording of your specific statute of conviction, confirm how your offense is classified under the law of the jurisdiction where you were convicted.
The Restoration Exception in § 921(a)(20)
The same statute that defines "crime punishable by imprisonment for a term exceeding one year" contains what lawyers call an "unless clause." A conviction does not count as a triggering offense if the person has had civil rights restored—or was pardoned, or had the conviction expunged or set aside—unless that restoration, pardon, or expungement "expressly provides that the person may not ship, transport, possess, or receive firearms."
In plain English: if you lost civil rights after a felony conviction and a proper authority restored them fully, including firearm rights, the federal ban may no longer apply to you. But the restoration has to actually cover guns. If the state gives back your right to vote and serve on a jury while still barring you from having firearms, the federal ban stays fully in place.
Whether civil rights were restored is determined by the law of the jurisdiction of conviction—the state or federal system where you were convicted, not where you currently live.
What the Supreme Court Has Said: Caron and Logan
Two Supreme Court decisions define the practical boundaries of the restoration exception.
Caron v. United States, 524 U.S. 308 (1998) — Caron's home state had restored his civil rights but still prohibited him from possessing handguns and short-barreled rifles. He argued that because he was allowed to possess ordinary long guns, his rights were "restored" enough to qualify for the federal exception. The Supreme Court rejected that argument and adopted an all-or-nothing rule: if the state still restricts the person from possessing any category of firearm, the restoration exception does not apply, and the full federal ban remains in force. A partial restoration is no restoration at all for purposes of § 921(a)(20).
Logan v. United States, 552 U.S. 23 (2007) — Logan had been convicted of misdemeanors that did not cause him to lose his civil rights in the first place. He argued the restoration exception should still shield him from a separate federal firearm ban. The Supreme Court disagreed. Rights that were never taken away cannot be "restored" within the meaning of § 921(a)(20). The exception requires civil rights that were actually stripped after conviction and then affirmatively returned. Logan's situation—where rights were never removed—did not fit that definition.
Together, Caron and Logan leave the restoration exception with a narrow lane: civil rights must have been actually lost, and the restoration must fully return firearm rights with no residual categorical restriction.
Federal Convictions Are Different
If your conviction was in federal court rather than state court, state restoration of rights cannot help you. In Beecham v. United States, 511 U.S. 368 (1994), the Supreme Court held that only federal restoration—in practice, a presidential pardon—satisfies the restoration exception for a federal felony conviction. State action simply cannot restore federal firearm rights lost through a federal conviction.
The presidential pardon power is granted by Article II, § 2 of the U.S. Constitution and covers federal offenses only. A president cannot pardon a state conviction; only the governor or pardons board of the relevant state can do that. Presidential pardons are rare, the process is slow, and the application goes through the Department of Justice's Office of the Pardon Attorney. Even if granted, a pardon must fully restore firearm rights without any express restriction—otherwise, under Caron, the federal ban remains in place.