| Federal law prohibits any person who has ever been | | | | Whether a person has had his civil rights restored for |
| "convicted in any court of a crime punishable by | | | | a state conviction is a matter determined by state, |
| imprisonment for a term exceeding one year" to | | | | not federal law. However, for federal law to |
| ever or for any reason "possess... any firearm or | | | | recognize the state restoration of rights exception, |
| ammunition." 18 U.S.C. 922(g) makes it a federal crime | | | | the terms of the restoration must include the right to |
| for any person who has ever been convicted of any | | | | vote, the right to seek and hold public office, and the |
| felony to ever possess any firearm regardless if it is | | | | right to serve on a jury. If the restoring state |
| inside or outside of the home. This blanket federal | | | | includes the three aforementioned rights then federal |
| ban on all felon gun possession is punishable with up | | | | law contains an additional clause that must be |
| to 10 years of imprisonment. | | | | examined. This clause looks to the actual state law to |
| There are exceptions to this rule in some instances. | | | | see if there are any restrictions imposed on the right |
| Federal law contains an explicit statutory exclusion | | | | of the convicted felon to possess a weapon. If there |
| which provides that the federal criminal offense of | | | | is some added firearms restriction under state law, |
| firearms possession is inapplicable to persons who has | | | | then the federal clause is triggered to make the |
| had their civil rights restored on the predicate state | | | | possession of any firearms unlawful under federal |
| felony conviction. 18 U.S.C. 921(a)(20) provides: | | | | law, despite the state's restoration of civil rights. |
| "What constitutes a conviction of such a crime shall | | | | Is there any other way to regain the right to own a |
| be determined in accordance with the law of the | | | | gun? In theory, one can submit an application to the |
| jurisdiction in which the proceedings were held. Any | | | | Bureau of Alcohol, Tobacco, Firearms, (ATF) under 18 |
| conviction which has been expunged, or set aside or | | | | U.S.C. 925(c) requesting restoration of your gun rights. |
| for which a person has been pardoned or has had | | | | The application is supposedly granted if it is |
| civil rights restored shall not be considered a | | | | established . . . that the circumstances . . . and the |
| conviction for purposes of this chapter, unless such | | | | applicant's record and reputation, are such that the |
| pardon, expungement, or restoration of civil rights | | | | applicant will not be likely to act in a manner |
| expressly [or implicitly as a matter of state law] | | | | dangerous to public safety and that the granting of |
| provides that the person may not ship, transport, | | | | the relief would not be contrary to the public interest. |
| possess, or receive firearms." | | | | |