Can a pardoned criminal buy a gun?
Asked by: Prof. Janiya Howell DVM | Last update: February 9, 2026Score: 4.4/5 (1 votes)
Yes, a pardoned criminal can often buy a gun, but it depends heavily on the specific laws of the state and the terms of the pardon, as federal law prohibits felons from owning guns unless their rights are restored via a pardon, expungement, or civil rights restoration, with federal pardons needing explicit mention of firearm rights restoration to work nationally. A pardon generally restores lost civil rights, which can include gun rights, but some state-level restorations might not lift the federal ban, and specific state rules (like for domestic violence or certain drug offenses) add complexity.
Is someone pardoned still considered a felon?
No, a pardon forgives the conviction, but it usually doesn't erase the criminal record, meaning you're still legally a felon in some contexts, though a pardon restores rights like voting, holding office, or gun possession, and lessens the stigma, making it easier to get jobs or housing. A pardon signifies official forgiveness and removes penalties, but the conviction often remains visible on background checks unless the record is also expunged or sealed, which is a different legal process.
What rights do you get back after a pardon?
Once convicted you can never be ``unconvicted.'' An executive pardon generally restores the convicted person's rights, including firearm rights and right to vote, and the person's record will reflect that they where pardoned, but a record of the conviction will always remain.
What are the consequences of being pardoned?
A pardon reaches both the punishment prescribed for the offence and the guilt of the offender; and when the pardon is full, it releases the punishment and blots out of existence the guilt [for the offense], so that in the eye of the law the offender is as innocent as if he had never committed the offence.
Does being pardoned remove a criminal record?
When the president grants a pardon, it erases any punishment and guilt of the pardoned person. It also restores the civil rights of the pardoned. However, a pardon does not remove an offense from a person's criminal record. Instead, the offense and pardon will appear on the person's record.
Prohibited Persons From Buying A Firearm
What crimes cannot be pardoned?
Under the Constitution, the President has the authority to grant pardon for federal offenses, including those obtained in the United States District Courts, the Superior Court of the District of Columbia, and military courts-martial. The President cannot pardon a state criminal offense.
Can pardon felons own guns?
In California, state law also restricts gun ownership for people with felony convictions, but there are certain processes to potentially restore these rights. The primary federal pathway to restore gun rights is through a Presidential Pardon.
How far back does a background check go for a firearm?
A gun background check, via the FBI's NICS system, generally looks back about five years for disqualifying issues like recent drug use or addiction, but certain severe offenses (felonies, domestic violence restraining orders, etc.) are permanent prohibitions, meaning they will always disqualify you regardless of time passed, while a full fingerprint check through IAFIS can go back as far as the record exists, pulling all associated criminal history.
What states let felons buy guns?
Generally, a convicted felon cannot own a gun due to federal law, but some states offer paths to restoration, with Vermont being a major exception where there are no state-level restrictions, while others like North Carolina and Oregon have specific conditions, such as pardons or certain offenses, allowing potential rights restoration, but the federal ban typically remains unless rights are restored at the state level or through a pardon. Federal law bans possession for anyone convicted of a crime punishable by over a year in prison, but this prohibition can be lifted if the state where the felony occurred restores the individual's civil rights, often through a pardon or expungement, though many states have their own separate prohibitions.
Can you buy a gun if you've been pardoned?
Federal firearms disabilities are removed for those with state convictions by various state law restoration mechanisms, and for those with federal convictions by a presidential pardon. Federal law does not prohibit possession of antique firearms.
What are the benefits of being pardoned?
Pardons are one of the most important powers presidents have. With a swipe of their pen, they can erase a person's federal criminal conviction, freeing them from prison if they're locked up, and erasing the collateral consequences that often haunt people even after they've served their sentence.
How much does it cost to restore your gun rights?
Restoring gun rights costs anywhere from under $100 for simple state-level filings to several thousand dollars, depending heavily on your state, the complexity of your case (type of conviction), and whether you hire a lawyer. Costs include potential application/filing fees (e.g., $50-$500+), attorney fees (ranging from $1,000 to $5,000+ for complex cases), and additional costs for court fees or obtaining necessary documents, with federal cases or pardon applications often costing more.
Do pardoned crimes show up on a background check?
A pardon has many benefits, but it does not erase your criminal history. Potential employers will still see the conviction when performing a background check, and the criminal record will appear in all publicly accessible databases.
Is a pardon better than expungement?
Unlike expungement, a pardon does not erase a criminal record. Instead, it is a formal forgiveness for the crime, relieving the individual from the legal consequences associated with the conviction.
What can cause you to fail a background check for a gun?
You can fail a gun background check (NICS) due to felony or certain misdemeanor convictions (especially domestic violence), being a fugitive, unlawful user of controlled substances, adjudicated mentally defective or committed to a mental institution, illegal alien status, dishonorable military discharge, or being subject to certain restraining orders, with denials also occurring from clerical errors or similar names.
What are red flags on a background check?
Red flags on a background check are inconsistencies or negative findings like criminal history (especially violent or financial crimes), employment/education discrepancies (lying about degrees or dates), poor credit, failed drug tests, or unprofessional social media that raise concerns about a candidate's integrity, judgment, or suitability for a role. Major red flags include criminal records, dishonesty, financial irresponsibility (for financial roles), and substance abuse issues.
Do you have to disclose a felony after 7 years?
California prohibits CRAs from reporting convictions older than seven years under Cal. Civ. Code 1786.18(a)(7). This law also prohibits CRAs from reporting arrests not leading to convictions even if they occurred within the last seven years, but pending cases can be reported.
Are you still a felon if you are pardoned?
No, a pardon forgives the conviction, but it usually doesn't erase the criminal record, meaning you're still legally a felon in some contexts, though a pardon restores rights like voting, holding office, or gun possession, and lessens the stigma, making it easier to get jobs or housing. A pardon signifies official forgiveness and removes penalties, but the conviction often remains visible on background checks unless the record is also expunged or sealed, which is a different legal process.
When can felons apply for gun rights back?
Felons generally cannot own guns due to federal law, but some state laws and potential federal rule changes offer pathways for restoration, often involving waiting periods (like 5 years) after sentence completion, proving rehabilitation, or receiving pardons, though federal law typically overrides state restoration for actual gun possession. The U.S. Department of Justice proposed a system in 2025 for nonviolent felons to apply for restoration after a waiting period, but this is discretionary and doesn't negate state prohibitions.
What rights does a pardon restore?
A pardon can restore civil rights, such as the right to vote, serve on a jury, or possess firearms, depending on state law. The individual may gain relief from certain administrative or professional restrictions that were imposed due to the conviction.
Do you still have a record if you get pardoned?
Does a pardon erase a conviction from the record? No. A pardon To release someone from punishment for a crime they were convicted of committing forgives the conviction When someone is declared guilty of a crime by a court but does not erase it from the record.
Can you refuse to be pardoned?
In United States v. Wilson (1833), the U.S. Supreme Court held that a pardon can be rejected by the intended recipient and must be affirmatively accepted to be officially recognized by the courts. In that case, George Wilson was convicted of robbing the US Mail and was sentenced to death.
Can you be tried again after being pardoned?
Although there will be circumstances under which it will not apply, no individual who has received a pardon, an acquittal or a guilty verdict at trial for a specific crime can legally face prosecution again for that same trial in the same jurisdiction.