Felon Gun Possession Laws by State (2026)
How each state handles felon in possession of a firearm and the penalties, from each state's code.
| State | Felon in possession of a firearm |
|---|---|
| Alabama | A person may not own or possess a firearm if he or she was convicted of any felony within the previous five years, has three or more felony convictions from separate cases at any time, or was ever convicted of a crime of violence, misdemeanor domestic violence or a listed violent offense; the same ban covers people under a domestic abuse protection order or of unsound mind. A violation is a Class C felony (1 year and 1 day to 10 years). It is an affirmative defense that the person received a pardon under § 15-22-36 that expressly restores the right to possess a firearm for each conviction relied on. Ala. Code 1975 § 13A-11-72(a); class range § 13A-5-6 |
| Alaska | A person convicted of a felony, or adjudicated delinquent as a minor for conduct that would be a felony, may not knowingly possess a firearm that can be concealed on the person (such as a handgun), and may not live in a home with such a firearm without written authorization from a court or the local police chief. A violation is misconduct involving weapons in the third degree, a class C felony (up to 5 years). The ban does not apply if the person was pardoned, the conviction was set aside, or at least 10 years have passed since unconditional discharge and the prior offense was not a crime against a person under AS 11.41. AS 11.61.200(a)(1), (a)(10), (b); AS 12.55.035, 12.55.125, 12.55.135 |
| Arizona | A person convicted of a felony (or adjudicated delinquent for a felony) whose civil right to possess or carry a firearm has not been restored is a 'prohibited possessor,' as is a person currently on probation for a felony or a domestic violence offense. Possessing a deadly weapon or prohibited weapon as a prohibited possessor is misconduct involving weapons, a class 4 felony (1.5 / 2.5 / 3 years for a first offense). A judge may restore gun rights in his or her discretion, but a person convicted of a serious offense must wait 10 years from absolute discharge to apply, and a person convicted of a dangerous offense may not apply. A.R.S. §§ 13-3101(A)(7), 13-3102(A)(4), 13-910 |
| Arkansas | A person convicted of a felony (including a suspended sentence or probation, but not a case dismissed and expunged under the first-offender laws) may not own or possess a firearm. It is a Class B felony (5 to 20 years) if the person has a prior violent felony, a prior felony involving a deadly weapon, or a prior conviction for this offense, or possessed the gun while committing another crime; otherwise it is a Class D felony (up to 6 years) for a person with a prior felony. Gun rights can come back through a pardon that expressly restores them, Governor or federal authorization, or Governor restoration on the local police chief's or sheriff's recommendation when the offense did not involve a weapon and was more than eight years earlier. Ark. Code Ann. § 5-73-103 |
| California | Anyone convicted of a felony under any state, federal or foreign law, anyone addicted to narcotics, anyone convicted of certain listed firearm-related offenses, and anyone with a known outstanding felony warrant who owns, buys, receives or possesses a firearm is guilty of a felony; because the section sets no term, the default felony term of 16 months, 2 or 3 years applies. The ban also covers felony convictions from a juvenile case transferred to adult court. Separately, people convicted of many listed misdemeanors, such as assault, battery, domestic violence, criminal threats and protective-order violations, may not have a firearm for 10 years. Cal. Pen. Code 29800, 29805; Pen. Code 18; Pen. Code 17, 18, 19, 1170(h) |
| Colorado | Possession of a weapon by a previous offender (knowingly possessing, using or carrying a firearm or other covered weapon after a felony conviction, or after an attempt or conspiracy to commit a felony, under Colorado, other-state or federal law) is a class 5 felony (1 to 3 years). A person who used or threatened to use the gun in another crime cannot get probation and must go to prison. For juveniles, the ban applies after a felony adjudication for 10 years from completion of the sentence, and a person who has completed the sentence may ask a court to lift it for good cause. C.R.S. § 18-12-108(1)-(3) |
| Connecticut | Connecticut charges this as criminal possession of a firearm, ammunition or an electronic defense weapon. It covers anyone convicted of a felony, people adjudicated delinquent for a serious juvenile offense, people convicted of certain misdemeanors (including family-violence misdemeanors committed on or after October 1, 2023, and some assault, threatening and stalking misdemeanors within the past 20 years), and people under certain protective or restraining orders. It is a class C felony (1 to 10 years) with 2 years and 1 day that cannot be suspended or reduced, and $5,000 of the fine cannot be reduced unless the court states its reasons. Conn. Gen. Stat. § 53a-217; § 53a-35a |
| Delaware | A person convicted of a felony, or of a crime of violence causing physical injury, anywhere is a 'person prohibited' and may not own or possess a deadly weapon or ammunition; a juvenile adjudicated delinquent for felony-level conduct is prohibited until age 25. Possession by a person prohibited is a class D felony (up to 8 years) when the weapon is a firearm or ammunition, otherwise a class F felony. Possessing a firearm after a violent felony conviction carries a minimum of 3 years in prison, 5 years if within 10 years of the conviction or release, and 10 years after two or more violent felony convictions (class C felony); these minimums cannot be suspended and carry no good time, parole or probation. 11 Del. C. § 1448(a)(1), (a)(4), (c), (e); § 4205 |
| District of Columbia | A person convicted anywhere of a crime punishable by more than one year in prison may not own, possess or control a firearm in D.C.; other barred groups include fugitives, people addicted to controlled substances, people under certain protection orders, and people convicted of an intrafamily offense or stalking within the past 5 years. For the felony-conviction ban the penalty is up to 10 years with a 1-year mandatory minimum, and up to 15 years with a 3-year mandatory minimum if the person has a prior crime-of-violence conviction; the minimum cannot be suspended. Other prohibited persons face 2 to 10 years. D.C. Code § 22-4503 |
| Florida | A person convicted of a felony in Florida, federally or (for crimes punishable by more than a year) in another state, or adjudicated delinquent for a felony-level act while under 24, may not own or possess a firearm, ammunition or electric weapon or carry a concealed weapon. Violation is a second-degree felony (up to 15 years), or first degree for people who qualify for criminal gang enhancements. Actually possessing a firearm carries a 3-year mandatory minimum, or 10 years if the person possessed a firearm during a prior listed violent felony. The ban does not apply once civil rights and firearm authority have been restored or the record has been expunged. Fla. Stat. §§ 790.23, 775.087(2)(a)1. |
| Georgia | A person with a felony conviction from Georgia, another state, a federal court or a foreign country, or anyone on probation for a felony (including as a first offender), may not receive, possess or transport a firearm. It is a felony with 1 to 10 years for a first conviction and at least 5 years for a later one; if the prior felony was a forcible felony, the sentence is 5 years. The ban does not apply to a person pardoned for the felony when the pardon expressly restores the right to have a firearm. O.C.G.A. § 16-11-131(b), (c) |
| Hawaii | No one convicted (or currently being prosecuted) anywhere for a felony, a crime of violence, a firearms offense or illegal drug sale may own, possess or control a firearm or ammunition, and such people must surrender or dispose of their guns. A felon who violates the ban commits a class B felony (10 years), with a mandatory indeterminate prison term if the prior felony was a crime of violence; other prohibited persons commit a class C felony. A person barred only by a non-felony conviction may possess firearms again after 20 years if no other law bars them; the statute gives no restoration route for felony convictions. Haw. Rev. Stat. § 134-7(b), (h), (i), (j) |
| Idaho | A person previously convicted of a felony who buys, owns, possesses or controls a firearm commits unlawful possession of a firearm, a felony punishable by up to 5 years and a $5,000 fine. Most Idaho felons get full civil rights, including gun rights, back automatically on final discharge (completing prison, probation and parole), but not those convicted of treason or the serious offenses listed in § 18-310(2), such as murder, rape, robbery, kidnapping, burglary, aggravated assault or battery, felony drug manufacturing or delivery, trafficking and most sex crimes against children. Those people may apply to the Commission of Pardons and Parole to restore gun rights 5 years after final discharge, except for murder or a listed felony whose sentence was enhanced for using a firearm. The ban also does not apply when the conviction has been expunged, pardoned or set aside. Idaho Code §§ 18-3316, 18-310(2)-(4) |
| Illinois | Anyone convicted of a felony in any jurisdiction may not knowingly possess a firearm, firearm ammunition, or other prohibited weapons on their person, land, home or business, unless relief has been granted under the Firearm Owners Identification Card Act. A violation is a Class 3 felony with a special range of 2 to 10 years. It is a Class 2 felony with 3 to 14 years for a second violation, for a person with a prior forcible felony, weapons felony, stalking, or Class 2 or higher drug felony, or for a person on parole or mandatory supervised release; possessing a machine gun is a Class X felony. A prohibited person may ask the FOID Card Review Board or the circuit court for relief, which can be granted if the person has no forcible felony conviction within the past 20 years (or 20 years have passed since prison), is not likely to be dangerous to public safety, and relief is not contrary to the public interest or federal law. 720 ILCS 5/24-1.1(a), (e); 430 ILCS 65/10(c); 730 ILCS 5/5-4.5-25 to -65 |
| Indiana | Indiana's possession ban is limited to 'serious violent felons': people convicted of listed offenses such as murder, voluntary manslaughter, felony battery, aggravated battery, strangulation, kidnapping, criminal confinement, rape, child molesting, robbery, and higher-level arson or burglary. A serious violent felon who knowingly possesses a firearm commits a Level 4 felony (2 to 12 years). Separately, anyone convicted of an offense punishable by more than one year (or of domestic violence) may not carry a handgun; unlawful carrying is a Class A misdemeanor, or a Level 5 felony (1 to 6 years) if the person was convicted of a felony within the past 15 years, has a prior unlawful-carrying conviction, or carries on or near school property. A person convicted of domestic battery who possesses a firearm commits a Class A misdemeanor unless a court has restored the right. IC 35-47-4-5, 35-47-2-1.5(b), (e), 35-47-4-6; IC 35-50-2-4 to -7, 35-50-3-2 to -4 |
| Iowa | A person convicted of a felony in any state or federal court, or adjudicated delinquent for conduct that would be a felony, who knowingly possesses, controls, receives or transports a firearm or offensive weapon is guilty of a class D felony with a mandatory minimum of 2 years for a first offense (4 years for a second), and a class C felony with a mandatory minimum of 7 years for a third offense (10 years for a fourth or later). Judgment cannot be deferred, and the minimums cannot be suspended or reduced by earned time (except that a first-offense sentence may be suspended on the county attorney's recommendation). The ban does not apply after a pardon, restoration of civil rights or expungement, unless that document forbids firearms. Iowa Code §§ 724.26, 724.27 (Iowa Code 2026) |
| Kansas | Kansas makes it a severity level 8 nonperson felony for certain people with felony records to possess a firearm or a knife. The ban is permanent for a person whose felony involved using a firearm; it lasts 8 years after the sentence or supervision ends for listed serious felonies (such as murder, manslaughter, kidnapping, aggravated robbery or assault, rape, aggravated sodomy and most drug felonies); 3 years for other person felonies; and 3 months for other nonperson felonies. Juvenile adjudications for the same conduct count. Except for the serious-felony category, the ban does not apply to a conviction that has been expunged or pardoned. Felony prison ranges come from the sentencing grid, which combines the severity level with criminal history. K.S.A. 21-6304 |
| Kentucky | A person convicted of a felony in any state or federal court who possesses, manufactures or transports a firearm commits possession of a firearm by a convicted felon, a Class D felony (1 to 5 years), or a Class C felony (5 to 10 years) if the firearm is a handgun. If a felon possessed a firearm while committing another crime, a second or later violation is punished one class higher. The ban applies to youthful offenders convicted of felonies. It does not apply to a person who has received a full pardon from the Governor or the President, or federal relief from the firearms disability. KRS 527.040, 532.060 |
| Louisiana | It is a crime for a person convicted of certain felonies to possess a firearm or carry a concealed weapon: crimes of violence, burglary offenses, felony drug offenses, sex offenses, bomb and incendiary device offenses and similar listed crimes (including equivalent out-of-state convictions, and some juvenile adjudications for 15- and 16-year-olds until age 22). It carries 5 to 20 years at hard labor without probation, parole or suspension and a fine of $1,000 to $5,000; an attempt carries 1 to 7.5 years. The ban ends if the person has had no felony conviction for 10 years after finishing the sentence, probation or parole. La. R.S. 14:95.1 |
| Maine | A person convicted of a crime punishable by one year or more in prison (or a similar federal or out-of-state crime, or any crime proved to involve a firearm or dangerous weapon) may not own, possess or control a firearm unless the person has a permit. Violating this is a Class B crime (up to 10 years and $20,000); possession by people disqualified by certain juvenile adjudications or protection orders is Class C. Five years after being finally discharged from the sentence, a person disqualified by a conviction in subparagraphs (1)-(4) may apply to the Governor's office for a permit to possess a firearm (not a concealed handgun), valid for 4 years. 15 M.R.S. § 393(1)(A-1), (C), (D), (2); 17-A M.R.S. §§ 1604(1), 1704 |
| Maryland | A person convicted of a 'disqualifying crime' (a crime of violence, any felony, or a misdemeanor carrying more than 2 years) may not possess a regulated firearm (handguns and assault weapons) or a rifle or shotgun. Possessing a regulated firearm after a conviction for a crime of violence or listed drug-trafficking felonies is a felony with a mandatory minimum of 5 years (up to 15 years), which becomes discretionary if more than 5 years have passed since the person finished the sentence. Other prohibited possession of a regulated firearm is a misdemeanor punishable by up to 5 years and/or $10,000, and prohibited possession of a rifle or shotgun is a misdemeanor punishable by up to 3 years and/or $1,000. Md. Code, Pub. Safety §§ 5-101(g), 5-133(b)-(c), 5-144, 5-205 |
| Massachusetts | In Massachusetts a person convicted of a felony (or a misdemeanor punishable by more than 2 years, a violent crime, a firearms or controlled-substance offense, or a misdemeanor crime of domestic violence) is a 'prohibited person' who cannot be issued a firearms license, and possessing a firearm without a license outside one's home or business is punishable by 2.5 to 5 years in state prison or 18 months to 2.5 years in a jail or house of correction, with an 18-month mandatory minimum. Possessing a firearm or ammunition without the required identification card is punishable by up to 2 years and/or a fine. If the person has a prior conviction for a violent crime or serious drug offense, an unlicensed-possession violation carries 3 to 15 years in state prison, rising to at least 10 years with two such priors. G.L. c. 140, § 121F; G.L. c. 269, §§ 10(a), 10(h), 10G |
| Michigan | A person convicted of a felony (a crime punishable by more than 1 year) may not possess, use, carry, sell or transport a firearm or ammunition until 3 years after paying all fines, serving all prison time and completing probation or parole. For a 'specified felony' (one involving force, controlled substances, firearms, explosives, burglary of an occupied dwelling or arson), the ban lasts until 5 years after those conditions are met and the person's rights are restored under MCL 28.424. Violating the ban is a felony punishable by up to 5 years and/or a $5,000 fine. Convictions that were expunged, set aside or pardoned do not count unless the order says otherwise; certain domestic violence misdemeanors carry an 8-year ban. MCL 750.224f |
| Minnesota | A person convicted of (or adjudicated delinquent for) a crime of violence may not possess any firearm or ammunition; doing so is a felony punishable by up to 15 years and/or $30,000. The ban lasts for life unless the person obtains a federal relief of disability or a court restores firearm rights by petition (the person must show good cause and have been released from confinement; a denied petition generally cannot be refiled for 3 years). People convicted of other crimes punishable by more than one year are also barred from possessing firearms; possession by them is a gross misdemeanor. Minn. Stat. §§ 624.713, subds. 1(2), 1(10), 2; 609.165, subds. 1a, 1d |
| Mississippi | A person convicted of a felony under Mississippi, another state's or federal law may not possess a firearm (or certain weapons such as a switchblade, metal knuckles or a silencer). A violation is a felony punishable by 1 to 10 years in prison, a fine of up to $5,000, or both. The ban does not apply to a person who has received a pardon, federal relief from disability under 18 U.S.C. § 925(c), or a certificate of rehabilitation from a court, which the court may grant after the sentence is completed if the person shows a law-abiding life and is found unlikely to endanger public safety. Miss. Code Ann. § 97-37-5 |
| Missouri | It is unlawful possession of a firearm for a person convicted of a felony in Missouri (or of an out-of-state or federal crime that would be a felony in Missouri) to knowingly possess a firearm; the ban also covers fugitives, people habitually intoxicated or drugged, and people adjudged mentally incompetent. It is a class C felony (3 to 10 years), or a class B felony (5 to 15 years) if the person was convicted of a dangerous felony or has a prior unlawful-possession conviction. Antique firearms are exempt from the felon ban. RSMo § 571.070 |
| Montana | Montana does not bar every person with a felony record from having a gun. It is a crime for a person to buy or possess a firearm after being convicted of a felony that drew an added sentence for using a dangerous weapon (or an equivalent out-of-state or federal offense), or of a felony that currently requires registration as a sexual or violent offender. The penalty is 2 to 10 years in prison. These offenders are sentenced to lifetime firearms supervision, but may apply to the district court for a permit to possess specific firearms on showing good cause, and a person holding such a permit cannot be convicted. MCA §§ 45-8-313, 45-8-314 |
| Nebraska | A person previously convicted of a felony in any U.S. court may not possess a firearm, a knife or brass knuckles (the ban also covers fugitives, people knowingly violating a protection order, people on deferred-judgment probation for a felony, and, for firearms, people convicted of misdemeanor domestic violence within seven years). Possessing a firearm is a Class ID felony (3 to 50 years, 3-year mandatory minimum) for a first offense and a Class IB felony (20 years to life) for a second; possessing another deadly weapon is a Class III felony (up to 4 years). Archery equipment, and hunting knives with a recreational license, are allowed. Neb. Rev. Stat. § 28-1206 |
| Nevada | A person convicted of a felony in Nevada or any other state may not own or possess a firearm unless the person has received a pardon that does not restrict the right to bear arms. The ban also covers people convicted of domestic violence battery, people subject to certain protection orders, fugitives and unlawful drug users. A violation is a category B felony punishable by 1 to 6 years in prison and a fine of up to $5,000. NRS 202.360(1) |
| New Hampshire | A person convicted in any state or federal court of a felony against the person or property of another, or of a drug felony, commits a class B felony (up to 7 years) by owning, possessing or controlling a firearm or another listed deadly weapon (such as a switchblade or metal knuckles), or by signing an application to buy a firearm. The weapons are confiscated. It is a defense that an out-of-state felony would not have been a felony in New Hampshire. RSA 159:3 |
| New Jersey | New Jersey's 'certain persons not to have weapons' law does not cover every past conviction; it lists specific crimes. A person convicted (here or elsewhere) of aggravated assault, arson, burglary, escape, extortion, homicide, kidnapping, robbery, sexual assault, bias intimidation, carjacking, terroristic threats, endangering the welfare of a child, stalking, a domestic-violence crime, listed drug distribution crimes or listed weapons crimes, among others, who possesses a firearm commits a second-degree crime (5-10 years) with a mandatory 5 years without parole. Possessing other weapons or ammunition after those convictions, or after an indictable drug conviction or a mental health commitment, is a fourth-degree crime (up to 18 months). A person with a domestic-violence disorderly persons conviction, or subject to a domestic violence or extreme risk order barring firearms, who possesses one commits a third-degree crime (3-5 years). The section read does not set out a way to restore firearm rights. N.J.S. 2C:39-7(a)-(c); N.J.S. 2C:43-6 |
| New Mexico | A 'felon' may not receive, transport or possess a firearm or destructive device. A felon is someone with a felony conviction from any U.S. court if less than 10 years have passed since finishing the sentence or probation (whichever is later), the person has not been pardoned, and the person did not receive a deferred sentence; so the ban ends after 10 years or a pardon. A felon found in possession of a firearm commits a third degree felony (basic sentence 3 years); a serious violent felon commits a third degree felony with a basic term of 6 years. People subject to a domestic violence order of protection, or convicted of battery or criminal damage against a household member, a first stalking offense, or a crime listed in 18 U.S.C. 921, commit a misdemeanor by possessing a firearm. NMSA 1978, 30-7-16; NMSA 1978, 31-18-15, 31-19-1 |
| New York | New York does not have one 'felon in possession' crime. Possessing a rifle, shotgun, antique or muzzle-loading firearm after a felony or 'serious offense' conviction is criminal possession of a weapon in the fourth degree, a class A misdemeanor (up to 364 days). Committing listed fourth-degree weapon possession offenses after having been convicted of any crime is criminal possession of a weapon in the third degree, a class D felony (up to 7 years). Handguns require a license, and possessing a firearm without one is charged under other weapon-possession sections that were not read for this entry. N.Y. Penal Law 265.01(4), 265.02(1); 70.00, 70.15 |
| North Carolina | Anyone convicted of a felony (in North Carolina, another state or federal court) may not buy, own, possess or control a firearm, a silencer, or a weapon of mass death and destruction; antique firearms are excluded. Violating the ban is a Class G felony, Class F if done during another felony, Class D if the gun is brandished during a felony, and Class C if fired during a felony. The ban does not apply to a person who was pardoned or had firearm rights restored by the convicting jurisdiction where North Carolina law would also restore them, or to convictions for antitrust or unfair trade practice violations. N.C. Gen. Stat. 14-415.1; 15A-1340.17 |
| North Dakota | North Dakota's firearm ban for people with felony convictions is time-limited. A person convicted anywhere of a violent or intimidating felony (offenses in chapters 12.1-16 to 12.1-25) may not own or possess a firearm for 10 years after conviction or release from prison, parole or probation, whichever is latest; other felonies, and violent class A misdemeanors committed with a firearm or dangerous weapon, carry a 5-year ban. Violating the ban is a class C felony (up to 5 years). Felons not sentenced as armed offenders may possess certain antique-style long guns. A person barred because of a non-violent felony may petition the district court to restore firearm rights after paying all fines and completing all prison, probation and parole, if the court finds by clear and convincing evidence that the person is not likely to be dangerous. N.D.C.C. 62.1-02-01, 62.1-02-01.1; 12.1-32-01 |
| Ohio | Ohio's 'having weapons while under disability' law does not cover every felony. It bars anyone under indictment for, convicted of, or adjudicated delinquent for a felony offense of violence or a felony drug offense, as well as fugitives, people with drug dependency or chronic alcoholism, and people found mentally incompetent or committed, from acquiring, having, carrying or using any firearm or dangerous ordnance. Violating it is a third-degree felony (9-36 months, up to $10,000). The ban applies unless the person has been relieved from the disability by law or legal process, and simply finishing a sentence does not count as relief. R.C. 2923.13; 2929.14 |
| Oklahoma | A person convicted of any felony in Oklahoma, another state or federal court may not possess a pistol or any other firearm, in a vehicle they operate, or at their residence; people on felony probation and people adjudicated delinquent or youthful offenders for a felony-level offense (for 10 years) are also barred. A violation is a Class B4 felony punishable by 1 to 10 years. A person convicted of a nonviolent felony who receives a full pardon, with no other unpardoned felony, has firearm rights restored. 21 O.S. §§ 1283(A)-(D), (G), 1284 |
| Oregon | A person convicted of a felony under Oregon, another state's or federal law who owns, possesses or controls any firearm commits felon in possession of a firearm, a Class C felony (up to 5 years). The ban does not apply to a person with only one felony that did not involve homicide or a firearm or switchblade-type weapon who has been off prison, parole and probation for 15 years, to a person granted relief under ORS 166.274 or federal law, or to a person whose record was expunged. A conviction the court declared a misdemeanor at judgment does not count. Possessing restricted weapons such as switchblades, metal knuckles or a stun device is a separate Class A misdemeanor for felons. ORS 166.270 |
| Pennsylvania | Pennsylvania's ban is based on a list of offenses rather than all felonies: people convicted (in Pennsylvania or elsewhere) of enumerated crimes such as murder, aggravated assault, rape, robbery, burglary, arson, kidnapping and stalking, or of a drug offense punishable by more than two years, may not possess, use, control, sell, transfer or make a firearm. A violation by such a person is a felony of the second degree (up to 10 years), or of the first degree (up to 20 years) with a prior violation or when the firearm was in the person's physical possession or control. The ban also covers fugitives, people with three DUIs in five years, certain protection-order defendants and others. A court must grant relief if the conviction was vacated, the person received a full governor's pardon, or (in the federal-relief route) 10 years have passed since the conviction. 18 Pa.C.S. § 6105(a), (a.1), (b), (c), (d) |
| Rhode Island | Rhode Island bars firearm possession by people convicted here or elsewhere of a 'crime of violence', a defined list rather than all felonies: murder, manslaughter, rape, first- or second-degree sexual assault or child molestation, kidnapping, arson, robbery, burglary, breaking and entering, felony drug dealing, assault with a dangerous weapon and similar offenses. The ban also covers fugitives, felony domestic violence convictions, certain misdemeanor domestic violence convictions, and people subject to protective orders. A violation carries 2 to 10 years in prison, with no suspended or deferred sentence or probation. R.I. Gen. Laws §§ 11-47-5, 11-47-2 |
| South Carolina | A person convicted of a crime punishable by more than one year in prison may not possess a firearm or ammunition in South Carolina (business-regulation offenses and misdemeanors punishable by 5 years or less do not count). A first offense carries up to 5 years; a second offense carries a mandatory 5 to 20 years; a third or later offense carries a mandatory 10 to 30 years, and the firearm is confiscated. A conviction that has been expunged, set aside or pardoned, or for which civil rights were restored, does not count unless the pardon or restoration expressly bars firearm possession. Separately, people convicted of a crime of violence may not possess handguns (a felony with up to 5 years, a fine up to $2,000, or both). S.C. Code §§ 16-23-500(A), (B), (F); 16-23-30; 16-23-50 |
| South Dakota | South Dakota's ban is narrower than all felonies: a person convicted in South Dakota or elsewhere of a crime of violence, or of listed felony drug offenses, may not possess or control a firearm (including antique and muzzle-loading guns). A violation is a Class 6 felony (up to 2 years). The ban does not apply to a person last discharged from prison, jail, probation or parole more than 15 years before the offense. A person convicted of a misdemeanor domestic violence crime may not possess a firearm for one year after conviction (Class 1 misdemeanor). SDCL 22-14-15, 22-14-15.2, 22-14-15.3 |
| Tennessee | Possessing a firearm or ammunition after a felony conviction for a crime of violence or a felony involving a deadly weapon is a Class B felony (8 to 30 years), and after a felony drug conviction a Class C felony (3 to 15 years). Anyone with any felony conviction who possesses a handgun or handgun ammunition commits a Class E felony (1 to 6 years). The handgun offense does not apply to a person who was pardoned, whose conviction was expunged, or whose civil rights were restored without a firearm restriction in the restoration order. Tenn. Code Ann. § 39-17-1307(b), (c); § 40-35-111 |
| Texas | A person convicted of a felony may not possess a firearm anywhere until the fifth anniversary of release from prison or from community supervision, parole or mandatory supervision, whichever is later; after that, possession is allowed only at the person's home. Violating this is a third-degree felony (2 to 10 years). A person convicted of misdemeanor family-violence assault may not possess a firearm for five years after release from jail or community supervision (Class A misdemeanor). The section does not set a separate rights-restoration procedure. Tex. Penal Code § 46.04(a), (b), (e); § 12.34 |
| Utah | Utah uses 'restricted person' categories. A category I restricted person (anyone convicted of a violent felony, on probation or parole for any felony, or within 10 years of a juvenile adjudication for a violent felony, among others) who possesses a firearm commits a second-degree felony (1 to 15 years). A category II restricted person (including people convicted of a felony domestic violence offense or multiple felonies, and people within 7 years of completing a sentence for another felony) who possesses a firearm commits a third-degree felony (up to 5 years). The restriction does not apply if the conviction was expunged, set aside, reduced to a misdemeanor or pardoned, or civil rights were restored, unless that order expressly bars firearms. Utah Code §§ 76-11-302, 76-11-303, 76-11-304, 76-11-305, 76-11-306; § 76-3-203 |
| Vermont | Vermont's ban applies to people convicted of a 'violent crime', not all felonies: most 'listed crimes' (such as murder, manslaughter, sexual assault, aggravated or domestic assault, stalking, kidnapping, armed robbery or robbery causing injury, arson causing death and burglary of an occupied dwelling), child sexual exploitation offenses, felony drug sales or trafficking, and comparable out-of-state convictions. Possessing a firearm after such a conviction carries up to 2 years and/or a $1,000 fine. The ban does not apply to a person who has been granted relief from federal firearms restrictions under 18 U.S.C. § 925(c). 13 V.S.A. § 4017 |
| Virginia | It is a Class 6 felony (1 to 5 years) for anyone convicted of a felony, anyone adjudicated delinquent at 14 or older for murder, kidnapping, armed robbery or rape, or anyone under 29 adjudicated delinquent at 14 or older for another felony-level act, to possess or transport a firearm or ammunition. There is a 5-year mandatory minimum if the prior conviction was a violent felony and a 2-year mandatory minimum for any other felony within the prior 10 years. A person whose civil rights have been restored by the Governor may petition the circuit court for an order restoring firearm rights; a pardon or restoration by the Governor also lifts the ban unless conditioned. Va. Code § 18.2-308.2(A), (B), (C); § 18.2-10 |
| Washington | Possessing a firearm after a conviction for a 'serious offense' (as defined by statute, generally violent and other major felonies) is unlawful possession of a firearm in the first degree, a class B felony (up to 10 years and/or $20,000). After any other felony conviction, or listed domestic violence and other misdemeanors, possession is second-degree unlawful possession, a class C felony (up to 5 years and/or $10,000). The ban does not apply if the conviction was pardoned, annulled or covered by a certificate of rehabilitation based on rehabilitation or innocence. Each firearm is a separate offense. RCW 9.41.040(1), (2), (3), (8); RCW 9A.20.021 |
| West Virginia | A person convicted of a crime punishable by more than one year in prison may not possess a firearm; violating this is a misdemeanor punishable by 90 days to 1 year in jail and/or a $100 to $1,000 fine. A person convicted of a felony crime of violence, a felony sexual offense, or certain felony drug offenses (Schedule I other than marijuana, Schedule II or III) who possesses a firearm commits a felony: up to 5 years and/or up to $5,000. Carrying a concealed firearm while prohibited is a separate felony (up to 3 years, or up to 10 years for the violent, sex or drug-felony group). Except for that group, a prohibited person may petition the circuit court to regain the ability to possess a firearm, and a conviction that was expunged, set aside or unconditionally pardoned does not bar possession under this section. W. Va. Code § 61-7-7 |
| Wisconsin | Possessing a firearm is a Class G felony (up to 10 years and/or $25,000) for anyone convicted of a felony in Wisconsin or of a crime elsewhere that would be a felony here, anyone adjudicated delinquent for an act committed on or after April 21, 1994 that would be a felony for an adult, and certain people found not guilty of a felony by reason of mental disease, among others. The ban does not apply to someone who received a pardon and was expressly authorized to possess a firearm under federal law, or who obtained federal relief from disabilities. A juvenile-adjudication case may be lifted if a court finds the person is not likely to act in a manner dangerous to public safety. Wis. Stat. §§ 941.29(1m), (5), (8), 939.50(3) |
| Wyoming | A person convicted of (or who pleaded guilty to) a violent felony, or an attempt, who has not been pardoned or had rights restored, and who uses or knowingly possesses a firearm commits a felony punishable by up to 3 years, a fine up to $5,000, or both. For a felony that is not a violent felony, the same conduct is a misdemeanor punishable by up to 6 months, a fine up to $750, or both. For a person convicted of a nonviolent Wyoming felony (with no other felony), the right to possess a firearm is restored five years after completing the sentence, including probation or parole; the governor may also issue a certificate of restoration of rights after the sentence or probation ends. Antique firearms are excluded. W.S. 6-8-102, 7-13-105(a), (f), (j) |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.