Federal law generally prohibits firearm possession and receipt after a conviction for a crime punishable by more than one year of imprisonment, subject to statutory definitions and exceptions. The label felony alone is not the complete test. [1]
The conviction and restoration both matter
The analysis includes the convicting jurisdiction, the maximum authorized punishment, and exclusions in federal law. Certain pardons, expungements, set-asides, or restorations of civil rights may affect the federal disability, but firearm restrictions retained in the restoration can matter. [2]
A state permission, hunting license, or passage of time does not automatically remove a federal prohibition. Another disqualifying category may apply even if the conviction-based prohibition no longer does. [1]
Before attempting a transfer
Obtain the judgment, disposition, and any restoration order before attempting a transfer or completing Form 4473. Section 922(a)(6) separately prohibits knowingly making a false or fictitious statement intended or likely to deceive a licensed seller about a fact material to the transfer’s lawfulness. Review an uncertain conviction or restoration question before answering. [1]
If a NICS denial appears to rest on wrong or incomplete records, the FBI provides a denial-challenge process through which the reason and supporting records can be reviewed. A record challenge is different from removing a valid firearm prohibition; an actual restoration remedy may still be needed. [3] [2]
Practical application
The relevant conviction analysis should use the maximum legally authorized punishment and federal definitions, rather than the sentence actually served. Someone sentenced to probation may still fall within the prohibition. Conversely, a qualifying statutory exclusion or legally effective restoration can change the result. Obtain documents from the convicting jurisdiction and review their firearm limitations before attempting a transaction or taking possession of someone else’s gun. [2]
Buying is only one prohibited activity
A qualifying person can violate the prohibition through possession or receipt even without purchasing from a dealer. Keeping a relative’s firearm, handling ammunition, or exercising control over a gun in a shared space can therefore require legal review. Conversely, the government must still establish the charged offense’s elements; a firearm being nearby is not the entire analysis. A transfer from a private seller is not a workaround for a valid prohibited-person status. The federal prohibition and any additional state restrictions should be resolved before receiving the item. [1] [2]
Related questions
Related guidance: 18 U.S.C. 922(g)(1): Felon Firearm Restrictions and Form 4473 and NICS background checks.
Primary sources
- 18 U.S.C. § 922 — Office of Law Revision Counsel
- 18 U.S.C. § 921 — Office of Law Revision Counsel
- FBI — NICS Challenges and Appeals
Sources checked: October 31, 2026.