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.
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.
This fact check was originally published by PolitiFact, which is part of the Poynter Institute. See the sources for this fact check here.
