Given a Class 3 felony theft conviction from over 10 years ago, am I eligible to obtain a gun license, and what steps would I need to take?

Lexi, Chatbot

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Lexi, Chatbot

No.

Phil (Immigration Phil)

Hello! My name is Philip, and I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are not charged again and our communications are not timed. Please see this as a relaxed conversation. I am here to help.

You may see an offer for a phone call. That marketing is sent automatically and is not something I control. Feel free to ignore it, or if you prefer a phone call, I am happy to speak with you.

Can you tell me which state the felony was issued in, and whether the charge was a state or federal conviction?

Phil (Immigration Phil)

I have not heard back from you yet, so I will provide an answer based on the information available so far. If you have questions after reviewing this, please ask. There is no charge for follow-up questions.

Phil (Immigration Phil)

Under federal law, individuals convicted of a felony are generally prohibited from possessing firearms. This prohibition comes from 18 U.S.C. § 922(g)(1), which makes it unlawful for anyone convicted of a crime punishable by more than one year in prison to possess a firearm or ammunition. Whether — and how — firearm rights can be restored depends heavily on where the conviction occurred.

If the conviction was at the state level, restoration of firearm rights is governed by the law of the state of conviction, not the state where the person currently lives. Some states allow firearm rights to be restored through mechanisms such as expungement, record sealing, set-aside, reduction of the offense, or a gubernatorial pardon. Other states impose permanent restrictions unless very specific relief is granted. If a conviction is fully expunged, set aside, or civil rights are restored in a way that removes the firearm disability, federal law may also recognize that restoration under 18 U.S.C. § 921(a)(20).

If the conviction was federal, the situation is far more limited. Federal firearm rights cannot be restored by a state court or state pardon. The only recognized path to restoration is a presidential pardon, as Congress has effectively defunded the federal relief-from-disabilities process under 18 U.S.C. § 925(c).

Phil (Immigration Phil)

I just wanted to follow up to see if you were able to review my response and whether you had any follow-up questions. I am happy to help if I can.