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Gun Felony entry

What Is a Felony? Why the Definition Matters for Gun Rights

Last reviewed: 2026-08-28Topic: Federal Gun Laws
Quick answer

A felony is generally a serious crime for which the authorized punishment can exceed one year, but firearm law does not use the everyday label alone. Federal 18 U.S.C. § 922(g)(1) and § 921(a)(20) use specific definitions and exclusions, so the maximum possible punishment and law of the convicting jurisdiction matter.

A felony is generally a serious crime for which the authorized punishment can exceed one year, but firearm law does not use the everyday label alone. Federal 18 U.S.C. § 922(g)(1) and § 921(a)(20) use specific definitions and exclusions, so the maximum possible punishment and law of the convicting jurisdiction matter.

What is a felony under criminal law?

States classify serious offenses in different ways—classes, degrees, levels, or named crimes. Federal offenses can also be felonies. The label matters less for federal firearm analysis than whether the conviction fits the federal statutory definition.

What is a non violent felony?

“Nonviolent felony” usually describes an offense that does not involve force or threatened force, but there is no single nationwide definition for firearm rights. A tax, fraud, theft, regulatory, drug, or other offense may be described as nonviolent yet still trigger § 922(g)(1) if it satisfies the federal definition.

Why maximum punishment matters

Section 922(g)(1) generally focuses on a crime punishable by imprisonment for a term exceeding one year, subject to the exclusions in § 921(a)(20). The actual sentence served is not always the controlling number.

Record relief can change the analysis

Expungement, set-aside, pardon, restoration of civil rights, and state-specific relief can affect whether a conviction continues to count, but the wording and legal effect of the relief must be examined carefully.

Use the 50-state directory

Firearm eligibility is unusually dependent on jurisdiction. Review the individual page for every state and the District of Columbia for restoration rules, carry and acquisition policy comparisons, official code links, and state-specific keyword FAQs.

Read the major court cases

Current firearm law is changing through litigation. The 25-case library covers Bruen, Rahimi, Hemani, Wolford, recent § 922(g)(1) circuit cases, ACCA sentencing, purchaser licensing, sensitive places, magazine limits, ghost guns, age limits, and other decisions affecting the answer.

Frequently asked questions

What is a felony?

A felony is a serious criminal offense, but the exact classification varies by jurisdiction. For federal firearm law, use the definitions in 18 U.S.C. § 921 rather than relying only on the state label.

What is a non violent felony?

It generally means a felony not defined by violent force or threatened force, but there is no single nationwide definition that automatically controls firearm eligibility.

Does a nonviolent felony still affect gun rights?

Yes, it can. Federal § 922(g)(1) is not limited on its face to convictions described as violent. Current constitutional and restoration law can still be relevant.

Is every crime punishable by more than one year a federal firearm disqualifier?

No. Section 921(a)(20) contains definitions and exclusions that must be read with § 922(g)(1).

Sources and legal references