Felon in Possession of a Firearm: Laws and Penalties

Federal and state laws prohibit certain felons from possessing a firearm. Violating these laws–commonly known as being a "felon in possession"–can lead to harsh criminal penalties and serious prison time.

Understanding Felon-in-Possession Laws

Felon-in-possession laws are complex, as you'll see below in more detail. Here are some of the most important things to know.

• Both state and federal felony convictions can trigger a violation of federal or state felon-in-possession laws. (Some misdemeanor convictions trigger these restrictions as well.)
• A felon can be convicted of violating both federal and state laws for possessing a firearm.
• Federal law and some states also make it a crime for a felon to possess ammunition.
• Possession is a broad legal term. It includes a felon in actual, physical possession of a firearm. A felon can also violate the law by having access to another person's firearm.
• Even if a felon isn't violating a state law, they can still be in violation of the federal felon-in-possession law.
• The federal and most states' felon-in-possession bans last indefinitely.
• Regaining one's gun rights is possible, but states and the feds are not always (or even usually) on the same page when it comes to the restoration of rights. It's important to seek legal advice if you plan to bring or possess a firearm in another state, even if you're on solid legal ground in your state.

That said, it's always important to seek legal advice when it comes to felon-in-possession laws. The penalties are significant—you can face time in federal or state prison for a violation.

What Does It Mean to Be a Felon in Possession of a Firearm?

The federal felon-in-possession law can be found in 18 U.S.C. § 922(g). Under this law, it's a crime for a felon to knowingly possess a firearm. While this seems pretty straightforward, as noted above, it gets complicated.

Who Is a Felon?

Under the federal law, a person is considered a "felon" if they've previously been convicted under state or federal law of a felony. The law defines a felony as any crime that can be punished by more than one year's imprisonment, regardless of whether the person receives any time in jail or prison. A few exceptions exist to this definition.

Exceptions. Certain white-collar crimes are excluded from the definition of a felony, including state and federal antitrust violations, unfair trade practices, restraints of trade, and similar violations for business practices. Also, convictions that are expunged, set aside, or pardoned do not trigger the felon-in-possession law unless the court, law, or executive order says otherwise. Finally, the ban doesn't apply to a person who's had their civil rights restored. (More on what this means below.)

Two-year misdemeanors. A few states have misdemeanors punishable by more than one year's imprisonment. Federal law doesn't consider these misdemeanors to be "felonies" as long as the maximum punishment is less than two years' incarceration.

What Is a Firearm?

The federal definition of "firearm" includes:

• any weapon designed to expel a projectile by action of an explosive or that can be readily converted to do so (including a starter gun)
• the frame or receiver of such a weapon
• a firearm muffler or silencer, and
• any destructive device (such as bombs, grenades, explosives, and rocket projectiles).

It doesn't include antique firearms manufactured in or before 1898.

Check out the ATF's website for more information on what is considered a firearm.

What Constitutes Possession of a Firearm?

The legal definition of possession is generally broader than what the average person would think it includes. The law considers both actual and constructive possession of a firearm to be a violation.

Actual possession is like it sounds. It means the defendant is physically holding the firearm, has the firearm on their person (such as in a holster or backpack), or has direct control over it (such as being within arm's reach).

Constructive possession, on the other hand, refers to the defendant's access and knowledge of the firearm. If the defendant can gain control over a firearm (even one that belongs to someone else), that is generally enough to prove constructive possession. Let's say the felon's spouse owns a gun. If they live together and the felon knows how to access the gun, the law says that is constructive possession. Another example would be getting into a car and knowing there's a gun in the glove compartment. The car and gun might belong to someone else, but the law generally considers anyone with access to that gun to be in constructive possession of it. (U.S. v. Robertson, 68 F.4th 855 (4th Cir. 2023).)

How Long Is a Felon Prohibited From Possessing a Firearm?

The federal ban lasts indefinitely, and a felon can only regain their right to possess a firearm through specific actions. These actions include expungement, pardon, or restoration of civil rights. (More on this below.)

(18 U.S.C. §§ 921, 922 (2025).)

What Are the Federal Penalties for Felon-in-Possession Violations?

Defendants prosecuted under the federal felon-in-possession law face up to 10 years of federal prison time, fines, and forfeiture of their firearm(s). Certain factors can increase a person's sentence, including when the defendant has prior convictions for violent felonies or drug offenses, or possessed multiple firearms, a stolen firearm, or certain types of guns.

These factors can increase a defendant's sentencing points under the U.S. Sentencing Guidelines (leading to a longer sentence) or result in separate criminal charges or sentencing enhancements. For instance, a felon who possesses a firearm in furtherance of drug trafficking commits a separate crime with mandatory minimum sentences that range from 5 to 30 years. And a felon in possession who has three or more prior convictions for violent felonies or serious drug offenses qualifies as an Armed Career Criminal and faces a mandatory minimum 15-year sentence and up to life.

(18 U.S.C. § 924 (2025).)

State Felon-in-Possession Laws and Penalties

Many states' felon-in-possession laws closely follow federal law, applying to anyone with a state or federal felony conviction (and some also exclude business crimes). But, even if the laws appear similar, a state might define key terms differently, such as "felony," "conviction," or "firearm," which changes how the state law works in comparison to federal law. States might also limit their firearm bans to a set number of years, whereas the federal ban lasts indefinitely. Another area where state laws differ greatly is the possible penalties for a violation. Below are some examples of these differences.

State Definitions of Felony, Conviction, and Firearms

How a state defines the following key terms can greatly expand or reduce the scope of the firearm ban as compared to federal law.

Defining felony. A few states limit triggering felonies to serious or violent felonies, rather than all felonies. Some states impose different restrictions based on the type of felony conviction (such as person vs. non-person felony, drug felony, or other classification).

Defining conviction. A few states only prohibit firearm possession by persons sentenced to custody (meaning time spent behind bars) and not those sentenced to probation or another sentencing alternative. On the flip side, several states include juvenile delinquency adjudications in their definition of "conviction."

Defining firearms. Some states limit their definition of firearm to handguns, pistols, revolvers, or long guns. Most, though, use a definition similar to federal law, and a few go further than federal law and apply to antique firearms.

Length and Extent of State Firearm Bans

A few states narrow the scope of their felon-in-possession laws by limiting their duration or reach in terms of where the ban applies (or doesn't).

Length of ban. Most state bans (like federal law) last indefinitely and can only be restored upon expungement, pardon, or restoration of civil rights. But some have time limits that might apply to first-time felony offenders or those convicted of a non-violent felony. For instance, a state law might limit its felon-in-possession ban to the duration of the felony sentence plus 10 years.

Where the ban applies. A few states allow felons to possess a firearm inside their home or business (presumably only for self-defense). The ban generally applies everywhere outside the home or business, although a few states allow a defense or exception for hunting, sporting, or occupational purposes (like protecting livestock). These location exceptions appear to be limited. Most states' felon-in-possession bans apply everywhere in a state.

Penalties for Violations of State Felon-in-Possession Laws

Most, if not all, states impose felony penalties for violating their felon-in-possession bans. Some states have one set penalty for violating the felon-in-possession law (similar to federal law). But the majority impose a range of penalties based on the severity of the defendant's prior conviction or the type of firearm possessed. Some impose harsher punishments if the felon's prior conviction was for a serious or violent offense.

Examples of State Felon-in-Possession Laws

Below are some examples of state felon-in-possession laws.

California makes it a felony to possess, own, receive, or control any firearm when the person has a prior felony conviction under any other state's laws or federal law. A conviction carries 16 months, 2 years, or 3 years of possible imprisonment. If the defendant has a prior conviction for a violent offense, the law imposes a minimum six-month sentence. Having prior convictions for sex offenses or serious felonies can also result in harsher penalties. (Cal. Penal Law §§ 1170, 29800, 29900, 29905 (2025).)

Louisiana makes it unlawful for a person to possess a firearm or carry a concealed weapon if they were convicted of a felony crime of violence, drug felony, sex offense felony, and other listed felonies. These restrictions last for 10 years following the person's completion of their sentence. A person who possesses a firearm in violation of the law faces 5 to 20 years of prison time. (La. Rev. Stat. § 14:95.1 (2025).)

Tennessee imposes different firearm restrictions based on the type of felony the person committed. Those who've been convicted of a felony crime of violence (including attempts) or a felony drug offense cannot possess any firearm. This restriction lasts indefinitely, and a violation carries Class B or C felony penalties. For other felony convictions, the law restricts the right to possess a handgun outside their home or place of business. A violation can result in a class E felony. A person can regain their right to possess a handgun through pardon, expungement, or civil rights restoration. (Tenn. Code §§ 39-17-1307, 39-17-1308 (2025).)

Texas' felon-in-possession law applies to all felons. While under any type of supervision for the conviction and for five years after, the prohibition applies in any location. Once this time limit expires, a felon can possess a firearm at their home. A violation carries third-degree felony penalties. (Tex. Penal Code § 46.04 (2025).)

Possible Defenses to Felon-in-Possession Charges

The defenses available to a person facing felon-in-possession charges will depend on the facts in the case. Some possible defenses and defense strategies include the following.

Possession. If the prosecution relies on constructive possession of the firearm, a defendant might argue that they didn't know about the firearm or have access to it.

Illegal search. Guns are often discovered as part of a search related to another crime. A defendant might be able to argue that the search was illegal and ask the court to suppress all evidence found in the search. Without the firearm, the prosecution's case could fall apart.

State defenses. Some states allow defendants to raise certain defenses, such as having possessed the firearm incident to hunting or in self-defense.

Second Amendment. Several Second Amendment cases are moving through the courts challenging firearm bans based on non-violent felony convictions. One defendant was successful in challenging the ban based on a prior felony conviction for welfare fraud. However, this defendant's case only succeeded as the law applied to him. (Range v. AG United States, 124 F.4th 218 (3d Cir. 2024).)

Can a Felon Get Their Gun Rights Back?

In some cases, yes. Most states and the federal law have provisions that allow some felons to regain their right to possess a firearm. Commonly, restoration of rights is linked to expungements, pardons, statutory relief, or judicial order.

Getting a state felony conviction expunged or pardoned works to lift the federal firearms ban—as long as the expungement order or pardon doesn't say firearm rights continue to be banned. A person's full restoration of civil rights under state law also lifts the federal ban. This restoration might happen through a judicial order or automatically by statute. Federal law doesn't generally permit expungement, so those with a federal conviction can typically only regain firearm rights through a pardon.

It's important to understand that relief in one state doesn't mean another state will recognize the same rights. Federal law is also very specific as to the type of relief under state law that qualifies to lift the federal ban. For instance, some states don't ban firearm possession by those convicted of a non-violent felony. Federal law still applies to these individuals, because they still have a state felony conviction and never received a restoration of civil rights (rather, they never lost them).

Getting Legal Advice Is Crucial

As noted above, it's crucial to seek advice on gun possession rights from an attorney or expert on gun laws. A violation can mean prison time, fines, and loss of your firearm rights again.

If you face an arrest or criminal charges for being a felon in possession, it's best not to answer law enforcement's questions until you've spoken to a criminal defense attorney or public defender.