10/14/2025
I am often asked how gun rights can be restored if lost due to a criminal conviction. I had some free time to compile the following for your review.
Restoring federal gun rights after a felony conviction involves navigating both state and federal laws.
Under federal law, a person convicted of a felony is prohibited from possessing fi****ms unless their civil rights have been fully restored, including the rights to vote, hold public office, serve on a jury, and possess fi****ms.
Restoring Gun Rights Under Ohio Law:
Ohio law provides mechanisms for restoring state firearm rights, but these do not automatically restore federal firearm rights. Restoration of federal rights requires compliance with federal standards, which often hinge on whether all civil rights have been restored under state law.
Additionally, certain felony convictions may permanently preclude restoration of firearm rights under federal law. Restoration Of State Firearm Rights Under Ohio Revised Code § 2967.16(C) provides that certain individuals may be restored to the rights and privileges forfeited by a conviction. This includes individuals who have served their entire prison term, completed post-release control, or completed community control sanctions. However, this restoration does not apply to individuals convicted of specific felonies committed after May 13, 2008, such as violations of R.C. § 2921.02 (bribery) or R.C. § 2923.32 (engaging in a pattern of corrupt activity) (R.C. § 2967.16). Additionally, R.C. § 2923.14 allows individuals to petition for relief from state firearm disabilities, but this relief pertains only to state law and does not affect federal firearm disabilities (Rivera v. Petition for Relief From Firearm Disability, — N.E.3d —- (2025).
Federal Requirements For Restoring Gun Rights:
Restoring gun rights requires the restoration of all civil rights, including the rights to vote, hold public office, and serve on a jury. The Gun Control Act, 18 U.S.C. § 921(a)(20), specifies that a conviction for which a person has had their civil rights restored is not considered a “conviction” for purposes of federal firearm prohibitions. However, the restoration must be complete and unconditional. For example, R.C. § 2923.14 does not restore all civil rights, and thus relief under this statute does not remove federal firearm disabilities (Rivera v. Petition for Relief From Firearm Disability, — N.E.3d —- (2025). Courts have emphasized that state law determines whether civil rights have been restored, and partial restoration does not suffice under federal law (Rivera v. Petition for Relief From Firearm Disability, — N.E.3d —- (2025).
Mechanisms For Relief From Federal Firearm Disabilities:
Federal law provides four mechanisms for relief from firearm disabilities: (1) expungement of the conviction, (2) setting aside the conviction, (3) obtaining a pardon, or (4) having civil rights fully restored (State ex rel. Suwalski v. Peeler, 155 N.E.3d 47 (2020). A pardon may remove federal firearm disabilities if it restores all civil rights forfeited by the conviction. However, a pardon alone does not suffice if the conviction did not result in the loss of all civil rights or if the restoration is incomplete (Runions v. Burchett, 117 N.E.3d 66 (2018).
Interaction Between State And Federal Law:
Ohio courts have recognized the limitations of state law in addressing federal firearm disabilities. For example, in Rivera v. Petition for Relief From Firearm Disability, the court held that relief under R.C. § 2923.14 does not impact federal firearm disabilities because it does not restore all civil rights (Rivera v. Petition for Relief From Firearm Disability, — N.E.3d —- (2025). Similarly, in In re Suleiman, the court noted that even if a petitioner qualifies for relief under state law, federal law may still preclude firearm possession due to the Supremacy Clause (In re Suleiman, 185 N.E.3d 235 (2021).
Constitutional
Challenges To Firearm Restrictions:
Recent constitutional challenges to firearm restrictions under the Second Amendment have not altered the federal prohibition on firearm possession by felons. In State v. Skaggs, the court upheld R.C. § 2923.13(A)(3), which prohibits firearm possession by individuals convicted of felony drug offenses, as constitutional under the Second Amendment. The court emphasized that disarming felons is consistent with the nation’s historical tradition of firearm regulation (State v. Skaggs, 256 N.E.3d 691 (2024).
Federal courts have similarly upheld 18 U.S.C. § 922(g)(1), which prohibits firearm possession by felons, as constitutional ( State v. Skaggs, 256 N.E.3d 691 (2024).
Practical Considerations For Restoring Federal Gun Rights:
To restore federal firearm rights, individuals must ensure that all civil rights forfeited by their conviction have been restored under state law. This may involve seeking a pardon, expungement, or other legal relief. However, certain felony convictions may permanently preclude restoration of firearm rights under federal law. Additionally, individuals must navigate the interplay between state and federal law to ensure compliance with both jurisdictions.
Feel free to schedule a consultation if you are seeking the restoration of your state and federal gun rights. Please call (740) 223-3112 if considering restoring your gun rights.
