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Is Aggravated Assault a Felony? Firearm Consequences and Restoration

Last reviewed: 2026-08-28Topic: Gun Rights Restoration
Quick answer

Aggravated assault is commonly a felony, but classifications and elements vary by state. A felony aggravated-assault conviction can trigger federal § 922(g)(1), and its violent or dangerous classification can make state firearm restoration more difficult.

Aggravated assault is commonly a felony, but classifications and elements vary by state. A felony aggravated-assault conviction can trigger federal § 922(g)(1), and its violent or dangerous classification can make state firearm restoration more difficult.

What makes assault aggravated?

Common aggravating facts include use of a deadly weapon, serious bodily injury, protected victims, strangulation, or other circumstances defined by state law. The statute—not the label in a police report—determines the conviction.

Federal firearm disability

If the conviction is punishable by more than one year and fits § 921(a)(20), § 922(g)(1) generally prohibits firearm and ammunition possession unless effective relief changes the result.

Why violent-offense classifications matter

Many state restoration schemes distinguish violent, dangerous, serious, person, or weapons-related felonies from other crimes. Aggravated assault often falls within the more restrictive category.

Sentencing consequences in later firearm cases

A prior assault conviction can also affect federal guideline calculations or ACCA analysis depending on the exact elements and governing precedent.

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

Is aggravated assault a felony?

It is commonly a felony, but the classification and degree vary by jurisdiction and facts.

Does aggravated assault take away gun rights?

A qualifying felony aggravated-assault conviction can trigger federal § 922(g)(1) and state firearm disabilities.

Can aggravated assault count under ACCA?

Sometimes, but ACCA qualification is an elements-based legal question that depends on the specific statute and controlling precedent.

Can gun rights be restored after aggravated assault?

Possibly, but many states impose stricter rules for violent or dangerous offenses.

Sources and legal references