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Understanding How Gun Laws Apply When You’re a Convicted Felon 

Robert Stahle • December 3, 2018
owi charges - Sioux City, IA - Criminal Defense Attorneys

While the Second Amendment of the United States Constitution protects the right for all U.S. citizens to bear arms, there are exceptions – such as how gun rights apply to people who have been convicted of a felony. A felony conviction automatically strips away many of the rights that most American citizens take for granted and directly affects the legalities of future gun ownership.

At some point, many felons who have acclimated back into being a law abiding, productive member of society become interested in restoring some of the rights that have been lost. Frequently, individuals with previous convictions are most interested in the possibility of restoring their gun rights and want to know how it can be done. To answer this question, it’s important to first understand the gun laws for your state.

State Gun Laws



There are two different levels of gun laws that affect convicted felons – those that are applied at the federal level and those issued by individual states. While states generally have jurisdiction in whether or not a felon can own a gun under certain circumstances, the possibility that federal law may override state law does exist.

Many states in the nation have similar laws regarding convicted felons and firearm ownership. For example, Iowa gun laws prohibit anyone that has been convicted of either a felony, misdemeanor domestic violence, has a protective order against them or has had a juvenile adjudication that would have been a felony conviction had they been an adult, from owning or being in possession of firearms or ammunition. Nebraska gun laws have similar felony restrictions.

Knowing this, convicted felons often have questions regarding their revoked rights and what they need to do in order to not inadvertently be convicted of another felony for violating gun restrictions.



Common Questions About Felons and Gun Rights

As a team of criminal defense lawyers, there are few questions regarding felons and gun rights that we answer quite frequently. To better help you understand your rights and limits, we’re going to answer a few of them here.

Can I Own a Gun After a Period of Time Has Passed?

While some states have gun restore legislation that allows convicted felons to regain their right to bear arms, neither Iowa or Nebraska are among these states. The right to own a gun is not currently automatically reinstated after a certain amount of time has passed.

Can I Live in a House Where Firearms are Kept?

This is a rather complicated question. The laws state that a felon cannot own, posses or operate a firearm, however there is no clear wording that states that one can’t be kept in their dwelling – as long as they are not the owner.

However, in certain cases, it can be said that just having the ability to possess or operate a firearm within the home is a violation, and one that can also put the owner of the gun at risk of legal repercussions. It’s always best to discuss this type of situation with a lawyer.

Can I Have My Rights Restored?

In some cases, it is possible to appeal to the Governor’s office and ask that your gun rights be restored. Of course, there are certain criteria that must be met. For example, an application by anyone convicted of a violent felony or where at least 5 or more years haven’t passed won’t even be considered. Again, if you’re interested in the possibility of having your rights restored, connecting with legal representation is your best option.

Schedule a Free Consultation

If you’ve been convicted of a felony and want to know more about the laws governing gun ownership and how to restore your rights, we’re here to help. Contact Fitch & Stahle Law Office today for a free consultation with an experienced criminal defense attorney.

By Robert Stahle September 5, 2025
Why You Need a Personal Injury Lawyer
By Robert Stahle August 21, 2025
What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.