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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.

How Drunk Driving Accident Victims Can Maximize Compensation With Legal Help

By Robert Stahle • June 11, 2025
When you’re injured by a drunk driver, the physical trauma is often only the beginning. Medical appointments, hospital stays, and prescription medications can last for weeks, months, or even years. You may be unable to work. You may lose your vehicle. And the emotional toll—fear, anxiety, depression—can weigh heavily on you and your family. Unfortunately, many accident victims never receive the compensation they truly need to recover. Insurance companies are skilled at downplaying injuries, undervaluing claims, and pushing quick settlements. These early offers often only cover short-term costs—and leave victims with nothing for long-term consequences. That’s why it’s crucial to work with a personal injury attorney who understands how to fight for your full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients throughout Iowa and Nebraska recover the financial support they deserve after being hit by drunk drivers. Here’s how having legal representation can make a difference: 1. Understanding the Full Value of Your Claim A serious injury isn’t just about your ER bill. A strong legal claim must account for: Follow-up medical care, physical therapy, and surgeries Future medical treatment or long-term care Mental health services for trauma, PTSD, or anxiety Lost wages and reduced ability to earn income Property damage and vehicle replacement Pain, suffering, and loss of enjoyment of life Without legal help, you may never even know you’re entitled to compensation for these elements—let alone how to calculate their true cost. Our attorneys work closely with doctors, financial experts, and accident specialists to build a comprehensive case that reflects the full scope of your losses. 2. Pursuing Punitive Damages In Iowa and Nebraska, courts may award punitive damages in drunk driving cases. Unlike compensatory damages (which are designed to cover your losses), punitive damages are intended to punish the offender for particularly reckless or egregious behavior and deter others from doing the same. These damages can significantly increase the value of your claim—but you need an experienced attorney to prove that the driver’s actions warrant them. We know how to present evidence of impairment, prior offenses, and other aggravating factors that strengthen your case. 3. Exploring Additional Sources of Compensation Sometimes, the drunk driver’s insurance policy won’t cover the full cost of your damages. In those cases, we explore: Your own underinsured/uninsured motorist coverage Dram shop liability (if a bar, restaurant, or event overserved the driver) Third-party liability (in rare cases, the driver’s employer or vehicle owner may also share responsibility)  Our team works to leave no stone unturned when identifying all potential sources of recovery. 4. Standing Up to the Insurance Companies Insurance adjusters are trained negotiators. Their job is to pay out as little as possible. Without a lawyer, they may take advantage of your lack of legal knowledge or pressure you into a fast settlement. With Fitch & Stahle in your corner, you don’t have to deal with their tactics. We handle all communication, submit all documentation, and push aggressively for the settlement you deserve. And if the insurance company won’t cooperate? We’re ready to take your case to court. If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t let the insurance company decide what your recovery is worth. Contact Fitch & Stahle Law Firm today for a free case evaluation. Let us help you move forward—with the compensation and justice you deserve.

Why You Need a Lawyer After a Drunk Driving Accident in Iowa or Nebraska

By Robert Stahle • June 6, 2025
Drunk driving accidents are among the most devastating types of crashes—and the most preventable. Every time someone chooses to drive under the influence of alcohol, they not only break the law, but they also endanger innocent lives. When you’re the victim of one of these reckless acts, the physical, emotional, and financial consequences can be overwhelming. Many accident victims assume that if the other driver was arrested for DUI, the case will resolve itself quickly and fairly. After all, if the police have proof that the driver was drunk, what else is there to fight about? The reality is far more complex. Even when intoxication is clear, recovering compensation is rarely straightforward. Insurance companies are primarily concerned with protecting their bottom line. They may admit the drunk driver was at fault but still dispute the amount of damages you’re owed. They may claim your injuries aren’t as severe as you say or argue that you had pre-existing conditions. In some cases, they may even try to shift partial blame to you. That’s why hiring an experienced drunk driving accident attorney is so critical. At Fitch & Stahle Law Firm , we represent clients throughout Iowa and Nebraska who have been harmed by drunk drivers. Our attorneys know how to build strong legal cases backed by evidence, expert testimony, and strategic negotiation. We don’t just take the word of the insurance company—we conduct our own investigations, obtain police and toxicology reports, interview witnesses, and, when necessary, work with accident reconstruction professionals to determine exactly what happened and who’s responsible. Beyond proving liability, our goal is to make sure every client receives the full amount of compensation they’re entitled to under the law. That includes not only current medical expenses and lost wages but also: Future medical care (surgeries, rehab, medications) Lost future earning capacity Pain and suffering Mental and emotional trauma Property damage Punitive damages when applicable In particularly egregious cases, we may also pursue compensation from third parties under Iowa or Nebraska’s dram shop liability laws . If a bar, restaurant, or even a private event served alcohol to someone who was visibly intoxicated or underage, that establishment could be held partially liable for the damages. Dealing with injuries, doctors, bills, and the trauma of the crash is hard enough. You shouldn’t also have to navigate legal paperwork, deadlines, and difficult insurance adjusters on your own. We provide personal, compassionate, and aggressive legal representation—so you can focus on healing while we focus on justice. Remember: The other driver’s arrest or conviction does not guarantee you fair compensation. Civil and criminal cases are separate, and only a personal injury claim will secure the financial support you need to recover and rebuild your life. If you or a loved one has been hit by a drunk driver in Sioux City or the surrounding areas of Iowa and Nebraska, don’t wait. Call Fitch & Stahle Law Firm today for a free consultation. We’ll help you hold the drunk driver—and their insurance company—fully accountable.
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