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Can You Get Your Gun Rights Back if You've Been Convicted of a Felony or Domestic Violence?
In 2026, both federal and Wisconsin state law restrict firearm possession for people with certain convictions. Losing your gun rights after a criminal conviction for a felony or misdemeanor domestic violence charge is usually permanent. For many people, it's one of the most frustrating consequences of a criminal record.
But depending on your situation, there may be a legal path to restoring those rights. At the very least, it's worth understanding your options before you despair of ever having access to your Second Amendment rights again. A Milwaukee criminal defense attorney with Gimbel, Reilly, Guerin & Brown, LLP can review your record and help you understand whether gun rights restoration is realistic in your case.
How a Felony or Domestic Violence Conviction Strips Your Gun Rights Under Wisconsin and Federal Law
Federal law under 18 U.S.C. § 922(g) makes it illegal for anyone convicted of a felony or a qualifying domestic violence offense to possess a firearm. This applies no matter which state you live in. Wisconsin law adds its own layer of restrictions under Wis. Stat. § 941.29, which prohibits firearm possession by people convicted of felonies or certain misdemeanor domestic violence offenses.
What Kinds of Domestic Violence Convictions Make You Lose Your Gun Rights?
A domestic violence misdemeanor can trigger a federal firearms ban just like a felony can. The federal law known as the Lautenberg Amendment covers misdemeanor crimes of domestic violence, so even a lower-level conviction can permanently affect your gun rights. The relationship between you and the victim is an important part of these cases, and courts look at whether the offense involved physical force or the threatened use of a weapon.
Do Firearm Bans Apply to Restraining Orders?
Federal law also restricts firearm possession for people subject to certain domestic violence restraining orders. The order has to meet specific legal criteria, but if it does, you can't legally possess a gun while it's in effect. This is a separate issue from a criminal conviction.
Wisconsin and Federal Gun Rights Laws Don’t Always Line Up
Wisconsin law and federal law don’t work together when it comes to gun rights; you could be cleared under one legal system and still be prohibited from owning firearms under the other. That's why it's never enough to just look at your state record. Anyone who wants to legally possess a firearm again needs to understand exactly which law prohibits gun ownership before taking any steps toward restoration.
What Wisconsin Law Says About Restoring Firearm Rights After a Conviction in 2026
Wisconsin doesn't have a simple process for restoring gun rights. Restoration depends on the type of conviction and whether you can get relief through other legal mechanisms. The two main options in Wisconsin are a pardon and, in limited cases, expungement. Both are difficult to get and require the help of a good attorney.
How a Wisconsin Pardon Can Restore Your Gun Rights
A pardon from the Wisconsin Governor is one of the most direct ways to restore firearm rights after a felony conviction. The Wisconsin Pardon Advisory Board reviews applications and makes recommendations to the Governor. The process is complicated, and not everyone who applies receives one. You generally need to show a significant period of law-abiding behavior after completing your sentence, along with evidence of rehabilitation and community contributions. We have recently written about changes to Wisconsin’s pardon process.
Does Expungement Restore Gun Rights in Wisconsin?
Expungement in Wisconsin is only available for certain offenses committed before age 25, and it doesn't automatically restore federal firearm rights. Even if a Wisconsin court expunges your record, federal law may still treat the conviction as a disqualifying offense.
Can You Get Your Gun Rights Back After a Misdemeanor Domestic Violence Conviction?
Federal law is especially strict when it comes to domestic violence. A domestic violence misdemeanor conviction can only stop affecting your federal firearm rights if the conviction was expunged or pardoned, and the relief specifically restores civil rights including firearm rights. Wisconsin's expungement law doesn't always meet that federal standard because your expungement must not contain any language that restricts you from having firearms. Furthermore, you cannot have any other state prohibitions (from a felony conviction, for example) that prohibits you from gun ownership.
What Can You Do if You Want to Restore Your Gun Rights in Wisconsin?
Restoring gun rights is a difficult process that requires careful review of your record and whether state or federal law is the issue. Here's a general outline of what the process looks like:
- Get a complete copy of your criminal record, including any federal records
- Determine whether your conviction triggers a state ban, a federal ban, or both
- Find out if you're eligible for a pardon, expungement, or other relief under Wisconsin law
- Submit a pardon application to the Wisconsin Pardon Advisory Board
Your best chances of getting your gun rights restored depend on working with an experienced Second Amendment attorney, especially to confirm whether state relief will satisfy the federal standard.
Do You Get Your Gun Rights Back After a Certain Amount of Time Post-Conviction?
Some people believe they will get their gun rights back automatically after they complete their sentence or after enough time has passed. This is false, and having a firearm while you're still legally prohibited is a serious crime that has significant penalties.
Call a Milwaukee Gun Rights Restoration Attorney
If you have a felony or domestic violence conviction, you may be able to get your gun rights back. But this is a difficult process that involves state and federal law, and you'll need a lawyer who understands both.
The Wisconsin civil rights lawyers at Gimbel, Reilly, Guerin & Brown, LLP have successfully helped clients get their gun rights back. We can give you an honest look at your options and, if possible, fight for your gun rights to be restored to you.
Call 414-271-1440 today to schedule a consultation with a Wisconsin Second Amendment attorney who will take your situation seriously.
