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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 July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.