Restoration of firearms rights: 50-state surveys
We have recently converted the 50-state surveys that are part of the Restoration of Rights Resource from PDF to HTML format. Two of these surveys deal with loss and restoration of firearms privileges as a result of a criminal conviction: Chart # 1 is titled “Loss and restoration of civil rights and firearms privileges,” and Chart # 2 is “State law relief from federal firearms disabilities.” Chart # 1 is a straightforward description of the relevant provisions of each state’s laws, showing when firearms rights are lost based upon a felony conviction (or in some cases misdemeanor crimes of violence) and how firearms rights may be regained. Chart # 1 also describes for each state when conviction results in loss of basic civil rights (voting, eligibility for public office and jury service), and how those rights are regained — a matter that is frequently relevant for avoiding the independent penalties under federal firearms dispossession laws.
Chart # 2 attempts the more complex analysis of when criminal conviction results in exposure to federal prosecution as a “felon in possession” under 18 U.S.C. § 922(g). Regaining firearms rights under state law does not automatically result in avoiding the federal bar, which generally depends upon an additional measure of state relief such as a pardon or expungement, or restoration of civil rights. (The courts have generally held that automatic restoration counts.) Surprisingly, the law is not entirely clear as to when a state conviction will trigger the federal penalty, and when state relief removes it. Chart # 2 therefore emphasizes the importance of seeking legal counsel to avoid liability.
For those with a federal conviction, the only way to avoid liability under § 922(g) and regain the right to possess a firearm is through a presidential pardon (which would also relieve any state law liability). The administrative restoration provision in 18 U.S.C. § 925 has not been funded for 25 years. As reported by Alan Gura in a post on this site last winter, a few individuals with dated nonviolent federal convictions have been successful in regaining firearms rights through the courts.
The 50-state charts will remain available for download in PDF form.
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