Southern Maine Criminal Lawyer BlogFederal Law: Can a Felon Have a Gun?
Under federal law, convicted felons cannot possess firearms or ammunition. Specifically, unlawful firearm possession makes it a federal crime for anyone convicted of a crime punishable by more than one year in prison to possess, ship, transport, or receive any firearm or ammunition. This prohibition applies in all 50 states, including Maine. It does not expire after 10, 20, or 30 years. Only specific legal action can restore these rights.
Can a felon have a gun? The direct answer is no – not without formal restoration of rights through a pardon, expungement, or other legal process.
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) enforces this federal prohibition. Federal agents investigate tips and trace firearm purchases. They work with local law enforcement to identify prohibited persons who possess weapons. A standard violation of felon-in-possession law carries up to 10 years in federal prison.
For repeat offenders, the penalties are much steeper. Under the Armed Career Criminal Act, a person with three or more prior convictions for violent felonies or serious drug offenses faces a mandatory minimum of 15 years in federal prison. The U.S. Attorney’s Office prosecutes these cases aggressively.
Maine Firearm Laws for Convicted Felons
While federal law sets the baseline, Maine adds its own layer of restrictions. Under Maine firearm prohibition law, Maine prohibits firearm possession for people convicted of specific crimes. These are primarily felonies involving violence or drug trafficking.
Maine’s definition of prohibited persons differs slightly from the federal definition. A person could face federal and state criminal charges, or both for the same act of possession. In our experience defending felon-in-possession cases in Maine courts, dual prosecution is common.
We hear a frequent question about Maine’s permitless carry law and people with felony records. Maine enacted Constitutional Carry in 2015. This allows non-prohibited persons to carry a firearm openly or concealed without a permit. However, this law does not override the felon prohibition. Can felons carry firearms now because of permitless carry? No. A person with a disqualifying conviction remains a prohibited person regardless of Maine’s carry laws.
People also ask whether they can purchase a firearm after a felony conviction. Federal law requires licensed dealers to run background checks through the National Instant Criminal Background System (NICS). A felony conviction will flag the check and block the sale. Private sales may not involve a background check in Maine. But the purchase itself is still illegal for a prohibited person. Law enforcement conducting a search warrant may also uncover illegal firearm possession during investigations.
Which Felony Convictions Prohibit Gun Ownership in Maine?
Maine law categorizes crimes into classes. The following convictions generally prohibit firearm possession:
- Class A, B, and C crimes that qualify as felonies under Maine law
- Domestic violence misdemeanors under both federal law (the Lautenberg Amendment) and Maine state law
- Certain juvenile adjudications that would be felonies if committed by an adult
Not all felonies carry the same consequences for gun rights. Some older, nonviolent felonies may have pathways to restoration. Violent felonies generally do not. Felon firearm laws treat a decades-old drug possession conviction differently than an aggravated assault conviction. Both restrict gun ownership, but the restoration paths may differ.
Understanding the specific laws on felons and guns requires a close look at the underlying conviction. Consider the jurisdiction and the sentence imposed. A criminal defense attorney can review your record and explain which restrictions apply to you.
What Weapons Can a Felon Own in Maine?
Both Maine law and federal law prohibit firearms and ammunition. However, they generally do not prohibit non-firearm weapons such as:
- Crossbows and compound bows
- Certain knives (with some restrictions on concealment and blade length)
- Pellet guns and BB guns (though some jurisdictions treat these differently)
Even these items can create legal problems. If a person on probation or parole has conditions that restrict weapon possession broadly, owning a crossbow or hunting knife could violate those conditions.
Antique firearms manufactured before 1899 and muzzleloaders may fall outside federal firearm definitions. However, Maine state law may treat these differently. We strongly recommend consulting an attorney before relying on this exception. The consequences of getting it wrong are severe.
Can a Felon’s Gun Rights Be Restored in Maine?
Many people ask: after 20 years can a felon own a gun? The direct answer is that time alone does not restore firearm rights. No automatic waiting period exists – whether 10, 20, or 30 years – after which a felon regains the right to possess firearms.
Completing a sentence, finishing probation, or being discharged from parole does not restore gun rights either. Specific legal steps are required.
The available pathways in Maine include:
- Maine gubernatorial pardon – A pardon from the Governor can restore firearm rights. But only if the pardon explicitly does so. Not all pardons include this restoration.
- Expungement or vacation of the conviction – If the underlying conviction is removed from your record entirely, the disqualifying offense no longer exists. This is difficult to obtain in Maine but possible in certain cases.
- Federal restoration of rights – In theory, the ATF has authority to restore firearm rights. In practice, Congress has defunded this program since the 1990s. This path is effectively unavailable.
Can a felon get a gun permit through any of these processes? In Maine, no permit is required for non-prohibited persons to carry a firearm. The real question is whether a person can remove their prohibited status. If a pardon or expungement succeeds, the person is no longer prohibited. They do not need a separate gun permit or license.
Can a felon get a gun license through alternative means? Maine does issue concealed handgun permits for reciprocity with other states. A prohibited person cannot obtain one. The prohibition must be lifted first.
The Maine Pardon Process for Firearm Rights
The gubernatorial pardon is the most common pathway for restoring gun rights in Maine. Here is what the process involves:
- Eligibility – The applicant must have completed their sentence. This includes any probation or parole. A waiting period of good behavior is typically expected.
- Application – Submit a formal application to the Governor’s office. Include detailed personal history, the nature of the conviction, evidence of rehabilitation, and character references.
- Advisory board review – An advisory panel reviews the application. It makes a recommendation to the Governor.
- Governor’s decision – Pardons are entirely discretionary. The Governor is not required to grant a pardon. Most applications are denied.
Applicants who succeed typically show strong community ties. They have steady employment, no subsequent criminal history, and a significant period of law-abiding behavior.
Even a state pardon may not resolve the federal prohibition. Under federal pardon law, a state pardon must meet certain criteria to remove the federal firearms disability. If the pardon includes restrictions on firearm possession, the federal prohibition remains.
We strongly recommend consulting a criminal defense attorney before beginning this process. The legal requirements are complex. Mistakes can waste years of effort.
Penalties for a Felon Caught With a Gun in Maine
The consequences for a felon with a gun are serious under both state and federal law.
Under federal law, unlawful possession carries up to 10 years in federal prison. If the person has three or more prior violent felony or serious drug offense convictions, the Armed Career Criminal Act increases the maximum to 15 years with a mandatory minimum.
Under Maine law, unlawful firearm possession by a prohibited person is a Class C crime. This carries up to 5 years in prison and a fine of up to $5,000.
State and federal prosecutors can bring charges for the same conduct. This is known as dual sovereignty. The state and federal governments are separate sovereigns. Prosecution by both does not violate double jeopardy protections.
In our experience representing clients in Maine who were found in possession of a firearm years after a felony conviction, the consequences can be severe. This is true even when the client had no intent to use the weapon. Some clients believed their rights had been restored. Federal prosecutors in Maine’s District Court take these cases seriously. Judges impose significant prison sentences.
Recent Changes to Felon Firearm Laws
Some people have heard that felons can own guns now due to recent court decisions. This is not accurate. But the legal landscape is evolving.
The 2022 Supreme Court decision in New York State Rifle & Pistol Association v. Bruen changed how courts analyze Second Amendment challenges. The Court held that firearm regulations must be consistent with the nation’s historical tradition of firearm regulation. This opened the door to new legal challenges.
In 2023, the Third Circuit Court of Appeals ruled in Range v. Attorney General that the federal felon-in-possession statute was unconstitutional. This applied to a person convicted of a nonviolent offense. Other circuits have reached different conclusions. This creates a split that the Supreme Court may eventually resolve.
As of 2026, felon firearm prohibition remains in effect and is actively enforced. No court has struck down the statute entirely. Individual challenges may succeed in specific circumstances. But relying on evolving case law without legal counsel is extremely risky.
If you have a felony conviction and believe you may have grounds for a constitutional challenge, speak with an attorney. Do not assume the law has changed in your favor.
Talk to a Maine Criminal Defense Attorney About Your Gun Rights
If you have a felony conviction and want to understand your firearm rights in Maine, Webb Law Firm can help. Our criminal defense team has experience handling firearms-related cases in Maine’s district and superior courts. We handle felon-in-possession charges and rights restoration efforts.
We can evaluate your specific situation. We advise whether a pardon or other pathway could restore your rights. We can defend you if you are facing charges. Possession charges can result in years of incarceration. Getting legal advice before purchasing or possessing a firearm is critical.
Contact Webb Law Firm today to schedule a free consultation about your gun rights.
Frequently Asked Questions About Felons and Guns in Maine
Can a felon own a gun after 20 years in Maine?
A felon cannot own a gun after 20 years in Maine without formal restoration of rights. No automatic waiting period restores firearm rights in Maine or under federal law. Even after 20 or 30 years, a felony conviction continues to prohibit gun ownership. Rights must be formally restored through a gubernatorial pardon or expungement of the conviction.
Can a felon get a concealed carry permit in Maine?
A felon with a disqualifying conviction cannot legally carry a firearm in Maine – openly or concealed. Maine does not require a permit for concealed carry under its Constitutional Carry law. However, a prohibited person is barred from carrying firearms entirely. Maine’s optional concealed handgun permit is also unavailable to prohibited persons.
What happens if a felon is caught with a gun in Maine?
A felon caught with a firearm could face both state and federal charges. Under Maine law, this is a Class C crime carrying up to 5 years in prison. Under federal law, penalties include up to 10 years in prison. Repeat violent offenders face up to 15 years in prison under the Armed Career Criminal Act.
Can a felon own a muzzleloader or black powder gun in Maine?
Antique firearms manufactured before 1899 and certain muzzleloaders may fall outside federal firearm definitions. However, Maine state law may impose additional restrictions. Consult a criminal defense attorney before purchasing or possessing any weapon if you have a felony conviction.
How can a felon get their gun rights restored in Maine?
The primary pathway is a gubernatorial pardon that explicitly restores firearm rights. Expungement or vacation of the underlying conviction is another option. But it is difficult to obtain. Federal restoration through the ATF has been effectively unavailable since the 1990s. An experienced attorney can evaluate your case and advise on the best approach.