Under federal law, former President Donald Trump’s “felony convictions mean he can no longer possess guns.”
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Former President Donald Trump exits the courtroom May 30, 2024, at the conclusion of his falsified business records trial in New York. (AP)
Does Trump’s felony conviction bar him from owning a gun?
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Federal law prohibits people with felony convictions from possessing or acquiring firearms.
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Former President Donald Trump is also prohibited from possessing a gun under state laws in Florida, where he lives, and in New York, where he was convicted.
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Trump has said in the past that he owns guns, but it’s unclear whether he does in 2024.
After a jury found former President Donald Trump guilty on 34 felony counts, some social media users pointed to how this conviction affects his Second Amendment rights.
A May 30 X post said, "Under federal law, Trump's felony convictions mean he can no longer possess guns."
Other social media posts made similar claims, drawing more than 1,000 engagements each.
Giffords Law Center, which advocates for gun violence prevention; Jobin Joseph, an attorney with New York law firm Rosenblum Law; and Adam Winkler, a University of California, Los Angeles, law professor, told PolitiFact this statement is accurate.
Federal law generally prohibits the possession of firearms by, and the sale of firearms to, a person convicted in any court of a crime punishable by imprisonment of more than one year — typically a felony.
Because of these felony convictions, Trump is also barred from possessing a gun under state laws in Florida, where he lives, and in New York, where he was convicted, according to Giffords Law Center.
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People convicted of a felony in New York can have their gun rights restored in some cases. Because Trump’s 34 felony counts were all Class E, meaning they are less severe crimes, he would be eligible for gun rights restoration.
To restore his gun rights, Trump could apply for a "Certificate of Relief from Disabilities" so long as his 34 felony counts are considered part of the same criminal occurrence, Joseph said.
If Trump were convicted of additional felonies in another court case, Joseph said, then he would have to take a different approach and apply for a "Certificate of Good Conduct," after a waiting period dependent on the crime’s severity.
Trump was not convicted of these felony counts in Florida, so he could not regain his gun rights under that state’s law.
In a 2012 Washington Times interview, Trump said that he had a concealed carry permit in New York City and he owns "a couple of different guns," including a "H&K (Heckler & Koch) .45 and a .38 Smith & Wesson." In 2016, Trump told a French publication that he "always" carries a weapon.
It’s unclear whether Trump still owns firearms. In 2023, Trump visited a gun store in South Carolina, but did not buy any firearms.
We rate the claim that under federal law, Trump’s "felony convictions mean he can no longer possess guns" True.
Our Sources
Email interview with Joseph Jobin, attorney at Rosenblum Law, May 31, 2024
Email interview with Adam Winkler, a law professor at the University of California Los Angeles, May 30, 2024
Email interview with Mary Yatrousis, spokesperson for Giffords Law Center, May 30, 2024
X post, May 30, 2024
X post, May 30, 2024
Threads post, May 30, 2024
Cornell Law School, "18 U.S. Code § 922 - Unlawful acts," accessed May 30, 2024
Giffords Law Center, "Firearm Prohibition Laws in Florida," Dec. 31, 2023
Giffords Law Center, "Firearm Prohibition Laws in New York," Dec. 31, 2023
Rosenblum Law, "How to Get a Firearm in NY with a Criminal Record," Aug. 18, 2020
Brill Legal Group, "Is it possible for felons in New York to have their gun rights restored?," accessed May 30, 2024
Florida Department of Agriculture and Consumer Services, "Felony Conviction," accessed May 30, 2024
U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, "Identify Prohibited Persons - Gun Control Act," Jan. 9, 2020
U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives, "Most Frequently Asked Firearms Questions and Answers," accessed May 30, 2024
Politico, "Missing from the gun debate: Trump’s own experience with concealed carry," Feb. 28, 2018
Washington Times, "MILLER: Donald Trump's guns," Nov. 14, 2012
Business Insider, "Trump: 'I always carry a gun'," Feb. 11, 2016
The Associated Press, "Trump admires a Glock handgun — but stops short of buying — as he campaigns in South Carolina," Sept. 25, 2023
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