Section 922(g)(1) generally bars qualifying convicted persons from possessing, receiving, shipping, or transporting firearms or ammunition with the required federal connection. The restriction reaches more than buying a gun from a dealer. [1]
Check the qualifying conviction
Federal definitions address offenses punishable by more than one year and specify exclusions and treatment of certain pardons, expungements, set-asides, and civil-rights restorations. A misdemeanor label or a short actual sentence does not alone decide coverage. [2]
A restoration that retains firearm restrictions may not eliminate the federal disability. Another prohibited-person category may independently apply. [2]
Possession can be constructive
Actual possession concerns direct physical control; constructive possession concerns the power and intent to control the item without physical custody. Henderson explains that ownership and possession are distinct, so a shared home does not eliminate the need to prove possession. [3] Rehaif separately requires proof that the defendant knew of possession and knew of the relevant prohibited status; this differs from knowing that federal law prohibited possession. [4]
Before relying on a restoration order, obtain the complete judgment and order and assess federal and state law together. A successful purchase or an old background check is not a permanent legal ruling that possession is authorized. [2]
Practical application
A restoration document should be read together with the law of the convicting jurisdiction and any retained restriction on receiving, possessing, or carrying firearms. A document restoring voting rights does not necessarily resolve firearm rights. Record the exact relief granted and its effective date. Possession of ammunition also requires attention; removing a firearm from the home does not necessarily eliminate every prohibited item. [1][2]
Federal definitions can differ from ordinary labels
Section 921 excludes specified business-regulation offenses and certain state misdemeanors from the relevant crime-punishable-by-more-than-one-year definition. Its treatment of conviction relief requires the actual offense and relief documents, not a general background-check summary. [2] Distinguish ownership of a home from control over a particular firearm or ammunition. The possession theory and knowledge of status require separate proof under the relevant authorities. [3][4]
Related questions
Related guidance: Can You Buy a Gun After a Felony Conviction? and Federal Felon-in-Possession Charges Explained.
Primary sources
- 18 U.S.C. § 922 — Office of Law Revision Counsel
- 18 U.S.C. § 921 — Office of Law Revision Counsel
- Supreme Court: Henderson v. United States (2015)
- Supreme Court: Rehaif v. United States (2019)
Sources checked: October 31, 2026.