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 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 anyone convicted of a crime punishable by a year or more in prison. The crime does not have to involve violence or drugs.
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 clients charged as a felon in possession of a firearm in Maine courts, dual prosecution is common.
People often ask us about Maine’s permitless carry law and 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. In Maine, a private sale at a gun show or made through an advertisement must go through a licensed dealer for a background check. Other private sales may not involve one. But the purchase itself is still illegal for a prohibited person. Law enforcement conducting a search warrant may also find illegal guns 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. Maine’s own ban for a Class D domestic violence conviction expires 5 years after final discharge from the sentence if the person has no new convictions in that time. The federal ban is separate and in most cases does not expire.
- Certain juvenile adjudications that would be felonies if committed by an adult. The ban is permanent where bodily injury was threatened or resulted, or a firearm or other dangerous weapon was used. Other qualifying juvenile adjudications carry a ban for 3 years after the disposition is completed or until age 18, whichever is later
Not all felonies carry the same consequences for gun rights. Maine law draws one line. A person whose conviction required proof that the crime was committed with a firearm against a person, or with another dangerous weapon, cannot apply for the Governor’s permit for weapons outside the federal definition of a firearm. Other convictions can, five years after final discharge from the sentence. 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.
To know which laws on felons and guns apply, you need a close look at the conviction itself. 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?
Maine law prohibits firearms, and federal law prohibits both 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 law does not make that exception. A person with a felony conviction may not possess them in Maine without a permit from the Office of the Governor. A person may be able to apply for that permit 5 years after final discharge from the sentence. We strongly recommend talking to an attorney before relying on this exception. Getting it wrong can cost you a great deal.
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.
- Permit from the Office of the Governor – Five years after final discharge from the sentence, a person with a felony conviction may apply to the Office of the Governor for a permit to carry a firearm. This permit covers only weapons outside the federal definition of a firearm, such as antique firearms and black powder muzzleloaders. It is valid for four years, and the Governor can deny it. Not every conviction qualifies. The law leaves out convictions in which the State had to prove that the person used a firearm against a person or used another dangerous weapon.
- Vacating the conviction – If a court sets the underlying conviction aside, the disqualifying offense no longer exists. This is difficult to obtain. Maine has no expungement for adult convictions.
- 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 restores firearm rights, the person is no longer prohibited. They do not need a separate gun permit or license. The permit from the Office of the Governor is different. It does not lift the ban on firearms covered by federal law.
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
A pardon from the Governor is the most common path 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 often show strong ties to their community. They have steady jobs, no new criminal record, and a long stretch 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 talking to a criminal defense attorney before you start this process. The legal rules 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 sets a mandatory minimum of 15 years in federal prison.
Under Maine law, unlawful firearm possession by a person with a felony conviction is a Class B crime. This carries up to 10 years in prison and a fine of up to $20,000. For most other prohibited persons it is a Class C crime, with 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 with a gun years after being convicted of a felony, 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. Some challenges may succeed in specific cases. But relying on changing case law without a lawyer is very 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, and the main route is a pardon from the Governor. Maine has no expungement for adult convictions. Five years after final discharge from the sentence, a person may be able to apply to the Office of the Governor for a permit, but it covers only weapons outside the federal definition of a firearm, such as black powder muzzleloaders.
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 B crime carrying up to 10 years in prison. Under federal law, penalties include up to 10 years in prison. A person with three or more prior convictions for violent felonies or serious drug offenses faces a mandatory minimum of 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 law still bars a person with a felony conviction from possessing them without a permit from the Office of the Governor. A person may be able to apply for that permit 5 years after final discharge from the sentence. 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 main path is a pardon from the Governor that explicitly restores firearm rights. Having a court vacate the underlying conviction is another option, but it is difficult to obtain. Maine has no expungement for adult convictions. Five years after final discharge from the sentence, a person may also be able to apply to the Office of the Governor for a permit limited to weapons outside the federal definition of a firearm, such as black powder muzzleloaders. 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.