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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 October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.