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Misdemeanor vs. Felony: How Each Can Affect Gun Rights

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

A felony is not the only conviction that can restrict gun rights. Federal law also prohibits firearm possession after a qualifying misdemeanor crime of domestic violence, and state laws can disqualify people for specified violent, weapons, drug, stalking, DUI, or other misdemeanors.

A felony is not the only conviction that can restrict gun rights. Federal law also prohibits firearm possession after a qualifying misdemeanor crime of domestic violence, and state laws can disqualify people for specified violent, weapons, drug, stalking, DUI, or other misdemeanors.

Misdemeanor vs felony

The distinction usually reflects offense seriousness and authorized punishment, but classifications differ by jurisdiction. Firearm consequences are created by separate statutes, so a misdemeanor can sometimes produce a firearm disability while a particular record-relief order can change the effect of a felony.

Federal misdemeanor domestic violence rule

18 U.S.C. § 922(g)(9) applies to qualifying misdemeanor crimes of domestic violence. Whether a conviction qualifies depends on statutory elements, the relationship requirement, and federal case law.

State misdemeanor restrictions

States may impose firearm restrictions for domestic violence, stalking, weapons offenses, repeat DUI, or other enumerated misdemeanors. The state pages on Gun Felony identifies notable prohibited-person and restoration differences.

Do not rely on the label alone

The safest research method is to obtain the judgment and charging statute, identify the maximum possible penalty and elements, and then compare the conviction with current federal and state firearm law.

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 the difference between misdemeanor vs felony for gun rights?

Felonies more commonly trigger broad firearm disabilities, but some misdemeanors—especially qualifying domestic-violence offenses—can also create federal or state firearm prohibitions.

Can a misdemeanor make you lose gun rights?

Yes. Federal § 922(g)(9) and various state laws can prohibit firearm possession after specified misdemeanor convictions.

Is misdemeanor domestic violence a federal gun ban?

A conviction that meets the federal definition of a misdemeanor crime of domestic violence can trigger § 922(g)(9).

Does expunging a misdemeanor restore gun rights?

It can in some jurisdictions, but the legal effect of the order and federal law must be reviewed.

Sources and legal references