Does a pardon restore gun rights? Federal pardons, state pardons, and the gap between them

It depends entirely on who pardoned you and what you were convicted of.

A full presidential pardon, for a federal conviction

The Department answers this directly: "If you were only convicted of a federal offense, then no" — you do not also need to apply. "A full pardon granted by the president removes penalties and disabilities, including a firearm disability, resulting from the federal conviction."

The qualification in the same answer matters: "However, if you were convicted of a federal offense but also have a separate, independent basis for firearm prohibition, like a state conviction or a prohibiting status, you may need to seek federal firearms relief."

A state pardon, for a state conviction

This is where people are caught out. A state pardon can satisfy 18 U.S.C. 921(a)(20) — but only if it does not expressly reserve firearm rights, and only if the state's own law does not independently bar you (27 CFR 478.11).

And in several states a pardon does not by itself restore firearm rights:

• Texas runs a separate clemency application, "Restoration of Firearm Rights", precisely because a full pardon alone does not reach them. The form says so: it is "for use only by persons who have been previously granted a full pardon and wish to apply for a Restoration of Firearm Rights connected to the pardon". The rule behind the form is broader: 37 Tex. Admin. Code § 143.12(a)(1) also accepts a request in a pending full-pardon application, or "successful completion of a punishment similar to a term of deferred adjudication community supervision".
• Florida treats "Specific Authority to Own, Possess, or Use Firearms" as its own clemency type, separate from Restoration of Civil Rights, with an eight-year wait after completion of sentence.
• Georgia has a distinct application for a "Pardon including the Restoration of the Right to Bear Firearms".

A state pardon for a federal conviction

No. It cannot reach it, ever. See does an expungement restore gun rights.

Asking for a federal pardon, and what it does not do

• Only federal offences. The President's pardon power covers "Offenses against the United States". For a state conviction, the Office of the Pardon Attorney says to "contact the authorities of the state in which the conviction occurred. Such state authorities are typically the governor or a state board of pardons and/or paroles, if the state government has created such a board".
• When to apply. 28 CFR 1.2 says a petition "should" not be filed until "at least five years after the date of the release of the petitioner from confinement" (or five years after the conviction if there was no prison sentence), and "Generally, no petition should be submitted by a person who is on probation, parole, or supervised release." The Office's own FAQ (updated 9 September 2026) also says that it "will review all appropriate applications" from people who have not been convicted or have not finished their sentence. Both texts are quoted here; the Office decides.
• A lawyer is not required. "Do you have to hire a lawyer to apply for a pardon or a commutation of sentence? No." The application forms are on the Office's website.
• A pardon is not an expungement. "Does a presidential pardon expunge or erase the conviction for which the pardon was granted? No. Expungement is a judicial remedy that is rarely granted by the court and cannot be granted within the Department of Justice or by the President."
• A pardon does not clear your record. The Office says that if you were granted a presidential pardon, "the pardoned offense would not be removed from your criminal record. Instead, both the federal conviction as well as the pardon would both appear on your record."
• A pardon is not the only federal route for gun rights. The Office says: "A federal pardon does restore a person's federal firearms rights, but also, under 18 U.S.C. § 925(c), the Attorney General can restore the federal firearms rights of a person who is prohibited from owning a firearm under federal law." About 925(c) →

Two more things worth knowing

• Deferred or "set aside" is not a pardon, and the federal rule requires you to disclose a conviction "even if [it was] expunged, pardoned, set aside, or similarly amended by a post-conviction event."
• A VA fiduciary determination is different again. The Department says that if a person has already had rights restored, "such as through the VA's fiduciary program, and has no other prohibitor, that person does not need to apply."

See your state's pardon route →

This is a private website, not a government site. The official site is justice.gov/ffrr. Information with sources and check dates — not legal advice, and never a decision about you.