If you have any felony record, or a misdemeanor domestic violence conviction, and you are thinking about buying or possessing a firearm in New Hampshire, read this before you do anything else: fixing your record in New Hampshire does not automatically make it legal for you to have a gun under federal law. You can clear a New Hampshire court's disability and still be committing a federal felony the moment you touch a firearm. Confirm your status in writing with a lawyer before you buy, borrow, or pick up a gun.
The direct answer for New Hampshire
New Hampshire does not automatically restore firearm rights when a sentence ends. The state offers two mechanisms, and only two:
Judicial annulment of the conviction, under RSA 651:5 — filed with the sentencing court after a waiting period that depends on the offense class. This is the normal route.
A governor's pardon, granted by the Governor with the approval of the Executive Council — a slower, more discretionary backup route, typically used when annulment isn't available or was denied.
There is no separate "certificate of rehabilitation" program in New Hampshire and no automatic restoration after a set number of years passes on its own. You must affirmatively petition a court (or apply to the Governor and Executive Council) and receive an order.
Who loses firearm rights here
Two systems restrict you at once, and they don't always line up:
New Hampshire state law (RSA 159:3): it is a class B felony for someone previously convicted of a felony "against the person or property of another," a felony under RSA 318-B (controlled drugs), or a comparable out-of-state or federal felony, to own, possess, or control a pistol, revolver, or other firearm. Notably, New Hampshire's own statute does not add a separate state-law firearm ban for a misdemeanor domestic violence conviction — on that point, New Hampshire is narrower than federal law.
Federal law (18 U.S.C. § 922(g)(1)): anyone convicted of a crime punishable by more than one year in prison — any felony, not just violent or property felonies — is barred from possessing any firearm or ammunition, anywhere in the country.
Federal law (18 U.S.C. § 922(g)(9), the Lautenberg Amendment): anyone convicted of a misdemeanor crime of domestic violence is federally barred from firearm possession, even though New Hampshire's own statute doesn't independently bar it. This is the gap people miss most often: a New Hampshire misdemeanor DV conviction can leave you completely legal under state law and a federal felon-in-waiting if you possess a gun.
The two locks: why fixing New Hampshire's record isn't the whole job
This is the single most important thing to understand: restoring your rights under New Hampshire law does not, by itself, lift the federal firearms bar. Federal law and state law are two separate locks, and clearing the state lock does not automatically open the federal one.
Under 18 U.S.C. § 921(a)(20), a federal firearms disability disappears only if the state relief you received — annulment, pardon, or a restoration of civil rights — actually restores your civil rights and does not expressly say you still can't have firearms. The New Hampshire Supreme Court has read this federal exemption broadly, holding that the civil rights a state can "restore" include the right to possess and carry firearms, not just voting, holding office, and serving on a jury (see DuPont v. Nashua Police Department, 167 N.H. 429 (2015)). That reasoning supports the idea that unqualified New Hampshire relief can lift the federal bar in some cases. But whether it does for your specific conviction, your specific order, and how the ATF or a federal prosecutor would treat it is a fact-specific legal question — not something to assume on your own.
It gets narrower still if your conviction was federal, not state. If you were convicted in federal court, a New Hampshire annulment or pardon generally cannot fix your federal disability at all — Beecham v. United States, 511 U.S. 368 (1994), holds that federal law looks to the jurisdiction of conviction, so a state can't restore rights on a federal case. The dedicated federal path for that is an application under 18 U.S.C. § 925(c). Congress blocked funding for the ATF to process those applications starting in 1992, so for decades that relief did not function in practice. In 2025 the U.S. Department of Justice moved to revive it — transferring the authority from ATF to DOJ and proposing a new application process, with a final rule and application portal expected to roll out in 2026. Whether that federal process is actually open, and whether you would qualify, is in flux; confirm the current status directly with DOJ or the ATF, or with a lawyer, before relying on it.
Waiting periods and eligibility in New Hampshire
Under RSA 651:5, you cannot even file an annulment petition until you've completed every part of your sentence (incarceration, probation, parole, fines) and a waiting period has run with no new convictions (minor motor vehicle violations aside). As of this writing, the statute sets these general waiting periods, measured from completion of sentence:
Violations — around 1 year
Class B misdemeanors — around 2 years
Class A misdemeanors — around 3 years
Class B felonies — around 5 years
Class A felonies — around 10 years
Certain sexual offenses, felony indecent exposure, and domestic violence misdemeanors — around 10 years, even though some of these are misdemeanors
Certain controlled-drug offenses under RSA 318-B:26 — a separate, shorter period (roughly 2 years); confirm which category your specific conviction falls in
Waiting periods and offense classifications in RSA 651:5 have been amended by the legislature before and can change again. Confirm the current numbers for your exact conviction with the sentencing court, the New Hampshire Judicial Branch, or a New Hampshire criminal defense lawyer before you count down a date on your own.
Steps to restore your gun rights in New Hampshire
Get your full record. Pull your certified New Hampshire criminal record and, if applicable, records from any other state or federal case. Confirm exactly what you were convicted of, the offense class, and your sentence completion date.
Rule out a permanent bar. Check your conviction against New Hampshire's "violent crime" list and the felony obstruction-of-justice and extended-term-sentence exclusions (below). If your conviction is on that list, annulment is not available to you here, though a pardon remains a separate, harder option.
Confirm your waiting period has run. Verify the current RSA 651:5 waiting period for your specific offense class and confirm you've had no intervening convictions.
File the annulment petition with the court that sentenced you (or the New Hampshire Supreme Court, if that's where your case was resolved). Expect to pay several agency record-check and processing fees (for example, the Department of Corrections, Department of Safety, and State Police), with a fee waiver available if you can't afford them — confirm the current fee amounts with the court clerk before filing.
The prosecutor gets notice and has a set period to object. The court can decide the petition on the papers or hold a hearing — a hearing is more likely if the prosecutor objects or you request one.
If granted, get the written order. New Hampshire's annulment statute directs the court to treat you as if you'd never been arrested, convicted, or sentenced for state-law purposes, and to issue you a certificate. Keep multiple certified copies permanently.
Before you buy or possess anything, confirm the federal effect with a lawyer who handles federal firearms disabilities specifically — not just a general criminal defense lawyer. Ask directly: "Does this annulment order lift my federal 922(g) disability for my specific conviction?" Get the answer in writing.
If annulment isn't available or was denied, and you believe your case is exceptional, you can apply for a pardon through the Governor and Executive Council. This is slow, rare, and discretionary — historically only a small share of applicants are granted a pardon — and it does not erase your record, only its legal consequences.
Permanent and serious exclusions in New Hampshire
RSA 651:5 flatly bars annulment — and therefore this state path to restoring firearm rights — for what the statute defines as "violent crime," which includes capital murder, first- and second-degree murder, manslaughter, class A felony negligent homicide, first-degree assault, aggravated felonious sexual assault or felonious sexual assault, kidnapping or criminal restraint, class A felony arson, robbery, incest, and felony offenses involving child sexual abuse images. Felony obstruction-of-justice offenses and any offense for which you received an extended term of imprisonment under RSA 651:6 are also excluded from annulment. For these convictions, a governor's pardon is the only state-level option, and pardons for serious violent offenses are granted only in unusual circumstances, if ever.
Practical reality check
None of this is something to work out from memory or from a form you found online. Get every step in writing: the certified annulment order, the pardon warrant if you go that route, and a written opinion from a lawyer on your federal status before you ever touch a firearm. Possessing a firearm while still under a federal disability — even if you're entirely square with New Hampshire — is a serious federal felony carrying real prison exposure, and prosecutors do bring these cases. If there is any doubt in your mind, resolve it with a lawyer before you buy, borrow, inherit, or even hold a firearm, not after.
This article is general legal information about New Hampshire and federal firearms law, not legal advice for your specific situation. Laws change; confirm the current rules with the New Hampshire Judicial Branch or a licensed attorney before acting.
Frequently asked questions
Does a New Hampshire annulment automatically restore my federal gun rights?
Not automatically. Federal law (18 U.S.C. § 921(a)(20)) only treats a conviction as lifted for firearms purposes if the state relief you received actually restores your civil rights and doesn't expressly keep a firearms restriction in place. The New Hampshire Supreme Court has read that federal exemption broadly, but whether it applies to your specific conviction and order is a fact-specific legal question you should confirm with a lawyer before possessing a firearm.
I was convicted in federal court, not New Hampshire state court. Can New Hampshire restore my gun rights?
Generally no. Under Beecham v. United States, federal law looks to the jurisdiction where you were convicted, so a state annulment or pardon typically cannot lift a federal conviction's federal firearms disability. The dedicated federal relief application under 18 U.S.C. § 925(c) was blocked by a lack of funding starting in 1992; in 2025-2026 the U.S. Department of Justice moved to revive it with a new process, so its current availability is in flux — check the status directly with DOJ or the ATF, or with a lawyer.
How long do I have to wait before I can even apply in New Hampshire?
It depends on the offense class and has been amended over time — roughly 1 year for violations up to about 10 years for class A felonies and for certain sexual and domestic violence offenses, measured from when you finished your full sentence with no new convictions. Some controlled-drug offenses have a shorter, separate period. Confirm the exact current period for your conviction with the sentencing court or a New Hampshire lawyer rather than relying on an old number.
Are any convictions permanently barred from restoration in New Hampshire?
Yes. New Hampshire's annulment law excludes what it defines as violent crimes (including murder, manslaughter, first-degree assault, aggravated sexual assault, kidnapping, robbery, arson, incest, and child sexual abuse image offenses), felony obstruction of justice, and any offense with an extended prison term. For those, only a rarely-granted governor's pardon remains as a state-level option.
Does New Hampshire ban firearm possession for a misdemeanor domestic violence conviction?
New Hampshire's own firearm statute (RSA 159:3) does not add a state-law ban for a misdemeanor domestic violence conviction — but federal law (18 U.S.C. § 922(g)(9), the Lautenberg Amendment) bans it regardless of what state law says. Someone can be completely legal under New Hampshire law and still federally barred from possessing a firearm because of a misdemeanor domestic violence record.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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