Federal Law May Ban Gun Rights Due to Misdemeanor: Here’s How to Restore Them

If you have been charged with a misdemeanor crime, you may find yourself having to seek a firearms restoration.

In the state of Georgia, a guilty plea to, or the conviction of, a felony will result in the loss of your right to carry, possess, and transport firearms. Additionally, under federal law a guilty plea to, or the conviction of, a family violence (domestic violence) misdemeanor in the state of Georgia will result in the loss of your right to carry, possess, and transport firearms.

Despite this federal ban, you may be able to restore your gun rights based on this federal prohibition.

According to federal law, a person “pardoned, or whose conviction was expunged or set aside, or whose civil rights have been restored,” is not considered convicted of a misdemeanor crime of domestic violence if “the pardon, expungement, or restoration does not expressly provide that the person may not ship, transport, possess, or receive firearms.” 18 U.S.C. 921(a)(33); 27 CFR 478.11.

For more information, you can check out the ATF’s website HERE.

If you find yourself dealing with a federal ban due to domestic violence (or family violence), you may be able to seek a restoration.  Although the proceed may be more tedious than a state restoration, you may still have a viable avenue to pursue.

To discuss your firearm restoration, give us a call at 770-415-9848 at The Sellers Law Firm, LLC: Where Clients Become Family.

You may also submit a case evaluation request online HERE.