Can a felon own a gun in New Hampshire?

New Hampshire prohibits firearm possession for persons convicted of a felony. Rights may be restored through annulment (expungement) of the conviction after a waiting period, or through a gubernatorial pardon. Annulment restores all rights including firearm rights.

How can a felon restore gun rights in New Hampshire?

Petition the court for annulment (RSA 651:5) after the applicable waiting period, or apply for a gubernatorial pardon.

What is the waiting period for gun rights restoration in New Hampshire?

Annulment waiting periods: 10 years (Class A felonies with no convictions), 5 years (Class B felonies), 3 years (certain other offenses). Measured from completion of sentence.

Are there exceptions to gun rights restoration in New Hampshire?

Persons with multiple felony convictions, or whose felony involved violence and resulted in an extended sentence, cannot obtain annulment — they must seek a gubernatorial pardon.

Can a felon get gun rights back in New Hampshire?

Yes, in most cases. The primary path is annulment (expungement) of your criminal record under RSA 651:5 by petitioning the sentencing court after the required waiting period (5-10 years depending on offense class). Annulment restores all civil rights including firearms. If your conviction is for a violent crime or you received an extended sentence, annulment is not available and you must seek a gubernatorial pardon.

What is the waiting period for annulment in New Hampshire?

The waiting period depends on the offense class: 5 years after sentence completion for Class B felonies, 7 years for drug felonies under RSA 318-B, and 10 years for Class A felonies. You must have zero criminal convictions during the waiting period. The clock starts from completion of all terms of the sentence, including probation and parole.

What felonies cannot be annulled in New Hampshire?

Violent crimes (murder, manslaughter, first-degree assault, aggravated felonious sexual assault, kidnapping, robbery, class A felony arson, incest, child exploitation offenses, and others listed in RSA 651:5(IV)), felony obstruction of justice offenses, and any offense with an extended sentence under RSA 651:6 are permanently excluded from annulment.

Is annulment guaranteed if I meet the waiting period requirements?

No. Annulment is discretionary. The court must find that annulment 'will assist in the petitioner's rehabilitation and will be consistent with the public welfare.' Even if you meet all technical requirements, the judge can deny your petition. The county attorney may also oppose the petition. Presenting strong evidence of rehabilitation, stable employment, community involvement, and good character improves your chances.

How do I apply for annulment in New Hampshire?

Obtain the petition form from the New Hampshire Judicial Branch website (courts.nh.gov) or from the court clerk. Complete the form with your personal information and conviction details. File it with the court that imposed the original sentence, along with the filing fee. The court will order a background check through the Department of Corrections and schedule a hearing.

What is the penalty for a felon possessing a firearm in New Hampshire?

Under RSA 159:3, a convicted felon who owns or possesses a firearm is guilty of a Class B felony, punishable by up to 7 years imprisonment and a fine of up to $4,000. Federal charges under 18 USC 922(g)(1) may also apply, carrying penalties of up to 15 years in federal prison.

Does a New Hampshire annulment lift the federal firearms ban?

Yes. Federal courts have recognized that a New Hampshire annulment under RSA 651:5 is functionally equivalent to an expungement and restores civil rights for purposes of 18 USC 921(a)(20). Once your conviction is annulled, the federal firearms disability should be lifted because the conviction is treated as if it never occurred.

How do I apply for a gubernatorial pardon in New Hampshire?

Contact the New Hampshire Governor's office to inquire about the pardon application process. Pardons require the advice and consent of the five-member Executive Council. Prepare a petition with your criminal history, evidence of rehabilitation, and reasons for seeking a pardon. The process involves review by the Governor's staff and a vote by the Executive Council. Pardons are granted infrequently in New Hampshire.

What about the new federal 18 USC 925(c) process — can that help New Hampshire felons?

The DOJ revived the 18 USC 925(c) petition process in 2025-2026, allowing individuals to petition the ATF for relief from federal firearms disabilities. This is a federal remedy independent of New Hampshire state law. If approved, it would lift the federal ban under 18 USC 922(g)(1). However, it would not override the state prohibition under RSA 159:3 — you would still need annulment or a pardon for state-law purposes.

Felon Gun Rights in New Hampshire

Must petition for restoration

It depends. If your felony conviction can be annulled (expunged) under RSA 651:5, your gun rights will be fully restored. Annulment requires petitioning the sentencing court after a waiting period: 5 years for Class B felonies, 7 years for drug felonies, or 10 years for Class A felonies. If your conviction was for a violent crime or you received an extended sentence, annulment is not available, and you must seek a gubernatorial pardon — which is the only alternative.

Last updated: 2026-03-21

Overview

New Hampshire prohibits persons convicted of a felony from possessing firearms under RSA 159:3. The primary path to restoring gun rights is through annulment (expungement) of the criminal record under RSA 651:5, which requires petitioning the sentencing court after a waiting period that varies by offense class. Annulment restores all civil rights, including firearms. However, persons convicted of violent crimes, felony obstruction of justice, or offenses with extended sentences are permanently excluded from annulment and must seek a gubernatorial pardon. New Hampshire's annulment process is discretionary — the court must find that annulment will assist rehabilitation and be consistent with the public welfare.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. New Hampshire's annulment under RSA 651:5 is functionally equivalent to an expungement and should lift the federal firearms disability because it effectively removes the conviction from the record. Federal courts have recognized that a person whose conviction is annulled in New Hampshire has their civil rights fully restored for federal firearms purposes. A gubernatorial pardon that restores civil rights should also lift the federal ban. The revived 18 USC 925(c) federal petition process may provide an additional pathway for individuals who cannot obtain annulment or a pardon.

Can restore gun rights

✓Persons convicted of a Class B felony — eligible for annulment 5 years after completion of all terms of the sentence, with no criminal convictions during the waiting period
✓Persons convicted of a Class A felony — eligible for annulment 10 years after completion of all terms of the sentence, with no criminal convictions during the waiting period
✓Persons convicted of a drug-related felony (RSA 318-B) — eligible for annulment 7 years after completion of sentence, with no criminal convictions during the waiting period
✓Persons who receive a gubernatorial pardon — restores all civil rights including firearms
✓Persons whose conviction is overturned on appeal or through post-conviction proceedings
✓Persons eligible for the revived federal 18 USC 925(c) petition process for relief from federal firearms disabilities

Cannot restore gun rights

✗Persons convicted of a violent crime as defined by RSA 651:5 — permanently excluded from annulment (includes murder, first-degree assault, aggravated felonious sexual assault, kidnapping, robbery, arson, and other enumerated offenses)
✗Persons convicted of felony obstruction of justice — permanently excluded from annulment
✗Persons sentenced to an extended term of imprisonment under RSA 651:6 — permanently excluded from annulment
✗Persons with subsequent criminal convictions during the waiting period — must restart the waiting period
✗Persons convicted of misdemeanor domestic violence — prohibited under federal law (18 USC 922(g)(9)) regardless of annulment
✗Persons convicted of federal felonies — New Hampshire annulment does not apply to federal convictions

Step-by-Step Process

Determine whether your conviction is eligible for annulment

Review RSA 651:5 to determine if your offense qualifies. Violent crimes (murder, first-degree assault, aggravated felonious sexual assault, kidnapping, robbery, class A felony arson, certain sex offenses), felony obstruction of justice, and offenses with extended sentences are permanently excluded. If excluded, a gubernatorial pardon is your only option.

Wait the required period after sentence completion

The waiting period depends on the offense class: 5 years for Class B felonies, 7 years for drug felonies under RSA 318-B, and 10 years for Class A felonies. The clock starts from completion of all terms of the sentence (including probation and parole). You must have NO criminal convictions of any kind during the waiting period.

Obtain and complete the annulment petition

Obtain the annulment petition form from the New Hampshire Judicial Branch website (courts.nh.gov). The petition includes personal information, details of the conviction, sentence served, and a statement explaining why annulment will assist in your rehabilitation and is consistent with the public welfare.

File the petition with the sentencing court

File the completed petition with the court that imposed the original sentence. Pay the required filing fee. The court will schedule a hearing on your petition. You may need to serve notice on the county attorney's office.

Department of Corrections background check

The court requests a background check through the New Hampshire Department of Corrections, including a criminal records check. The Department verifies your criminal history and confirms you have had no convictions during the waiting period. The county attorney may also provide input on your petition.

Attend the court hearing

A judge reviews your petition and considers whether annulment 'will assist in the petitioner's rehabilitation and will be consistent with the public welfare.' This is a discretionary standard — the court is not required to grant annulment even if you meet the technical requirements. Present evidence of rehabilitation, employment, community involvement, and good character.

Receive the court's decision

If granted, the annulment order seals your criminal record and restores all civil rights, including the right to possess firearms under RSA 159:3. The conviction is treated as if it never occurred for most purposes. If denied, you may be able to refile after a period of time or seek a gubernatorial pardon as an alternative.

Waiting Period

The waiting period for annulment under RSA 651:5 depends on the offense class: 5 years for Class B felonies, 7 years for drug-related felonies under RSA 318-B, and 10 years for Class A felonies. The clock starts from completion of all terms of the sentence. You must have no criminal convictions during the waiting period. For persons ineligible for annulment (violent crimes, felony obstruction of justice, extended sentences), a gubernatorial pardon is the only option, and there is no fixed waiting period for pardon applications.

Key Laws

Law	Year	Description
RSA 159:3 — Convicted Felons	1973 (amended multiple times)	Makes it a Class B felony (up to 7 years imprisonment) for any person convicted of a felony against the person or property of another, a felony drug offense, or a felony controlled drug violation to own or possess a pistol, revolver, or other firearm. This prohibition applies to convictions in both state and federal courts.
RSA 651:5 — Annulment of Criminal Records	1977 (amended multiple times, most recently 2022)	Establishes the process for petitioning the sentencing court for annulment of criminal records. Sets waiting periods by offense class (5 years for Class B felonies, 7 years for drug felonies, 10 years for Class A felonies). Permanently excludes violent crimes, felony obstruction of justice, and extended-sentence offenses. Grants the court discretion to determine whether annulment will assist rehabilitation and serve the public welfare.
RSA 651:5(IV) — Definition of Violent Crime (Annulment Exclusion)	2007	Defines 'violent crime' for purposes of the annulment exclusion to include: capital/first/second-degree murder, manslaughter, class A felony negligent homicide, first-degree assault, aggravated felonious sexual assault, felonious sexual assault, kidnapping, criminal restraint, class A felony arson, robbery, incest, endangering welfare of a child by solicitation, and felony child sexual abuse images offenses.
New Hampshire Constitution, Part II, Article 52 — Governor's Pardon Power	1784	Grants the Governor, with the advice and consent of the Executive Council, the power to grant pardons and remit fines and forfeitures. This is the constitutional basis for restoring firearm rights when annulment is not available.

Edge Cases

My felony was classified as a violent crime — is there any way to restore my gun rights?

If your conviction falls within the definition of 'violent crime' under RSA 651:5(IV), annulment is permanently barred. Your only option is a gubernatorial pardon, which requires the advice and consent of the Executive Council. New Hampshire pardons for violent offenses are rare. The revived federal 18 USC 925(c) process may provide a federal alternative, but it would not override the state prohibition.

Does annulment completely erase my conviction for firearms purposes?

For practical purposes, yes. RSA 651:5 provides that an annulled record is treated as if the arrest, conviction, and sentencing never occurred. For federal firearms law purposes, courts have recognized that a New Hampshire annulment restores civil rights and removes the firearms disability under 18 USC 921(a)(20). However, annulled records may still be accessible to law enforcement in limited circumstances.

I had a conviction during the waiting period — what happens?

Any criminal conviction during the waiting period disqualifies you from annulment at that time. The waiting period effectively restarts from the completion of the new sentence. Even minor convictions (violations, misdemeanors) during the waiting period can derail your annulment petition. Maintaining an entirely clean record during the waiting period is essential.

Can I possess a firearm in New Hampshire if my out-of-state felony conviction was expunged?

If your out-of-state conviction was fully expunged or pardoned in the state of conviction, RSA 159:3 should no longer apply because the conviction no longer exists or has been pardoned. However, the specifics depend on the nature of the out-of-state relief (some states seal records but do not fully expunge them). Consult a New Hampshire attorney to confirm how your out-of-state relief is treated under New Hampshire law.

Does RSA 159:3 prohibit all firearms or just handguns?

RSA 159:3 specifically references 'pistol, revolver, or other firearm,' which has been interpreted to include all types of firearms — handguns, rifles, and shotguns. The prohibition is not limited to handguns. Federal law under 18 USC 922(g)(1) also prohibits all firearms and ammunition.

Can I apply for annulment if I was sentenced to an extended term?

No. RSA 651:5 explicitly excludes 'any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6' from annulment. Extended terms are imposed for repeat offenders, especially dangerous offenders, and certain other categories. If you received an extended term, a gubernatorial pardon is your only option for restoring gun rights.

Frequently Asked Questions

Can a felon get gun rights back in New Hampshire?: Yes, in most cases. The primary path is annulment (expungement) of your criminal record under RSA 651:5 by petitioning the sentencing court after the required waiting period (5-10 years depending on offense class). Annulment restores all civil rights including firearms. If your conviction is for a violent crime or you received an extended sentence, annulment is not available and you must seek a gubernatorial pardon.
What is the waiting period for annulment in New Hampshire?: The waiting period depends on the offense class: 5 years after sentence completion for Class B felonies, 7 years for drug felonies under RSA 318-B, and 10 years for Class A felonies. You must have zero criminal convictions during the waiting period. The clock starts from completion of all terms of the sentence, including probation and parole.
What felonies cannot be annulled in New Hampshire?: Violent crimes (murder, manslaughter, first-degree assault, aggravated felonious sexual assault, kidnapping, robbery, class A felony arson, incest, child exploitation offenses, and others listed in RSA 651:5(IV)), felony obstruction of justice offenses, and any offense with an extended sentence under RSA 651:6 are permanently excluded from annulment.
Is annulment guaranteed if I meet the waiting period requirements?: No. Annulment is discretionary. The court must find that annulment 'will assist in the petitioner's rehabilitation and will be consistent with the public welfare.' Even if you meet all technical requirements, the judge can deny your petition. The county attorney may also oppose the petition. Presenting strong evidence of rehabilitation, stable employment, community involvement, and good character improves your chances.
How do I apply for annulment in New Hampshire?: Obtain the petition form from the New Hampshire Judicial Branch website (courts.nh.gov) or from the court clerk. Complete the form with your personal information and conviction details. File it with the court that imposed the original sentence, along with the filing fee. The court will order a background check through the Department of Corrections and schedule a hearing.
What is the penalty for a felon possessing a firearm in New Hampshire?: Under RSA 159:3, a convicted felon who owns or possesses a firearm is guilty of a Class B felony, punishable by up to 7 years imprisonment and a fine of up to $4,000. Federal charges under 18 USC 922(g)(1) may also apply, carrying penalties of up to 15 years in federal prison.
Does a New Hampshire annulment lift the federal firearms ban?: Yes. Federal courts have recognized that a New Hampshire annulment under RSA 651:5 is functionally equivalent to an expungement and restores civil rights for purposes of 18 USC 921(a)(20). Once your conviction is annulled, the federal firearms disability should be lifted because the conviction is treated as if it never occurred.
How do I apply for a gubernatorial pardon in New Hampshire?: Contact the New Hampshire Governor's office to inquire about the pardon application process. Pardons require the advice and consent of the five-member Executive Council. Prepare a petition with your criminal history, evidence of rehabilitation, and reasons for seeking a pardon. The process involves review by the Governor's staff and a vote by the Executive Council. Pardons are granted infrequently in New Hampshire.
What about the new federal 18 USC 925(c) process — can that help New Hampshire felons?: The DOJ revived the 18 USC 925(c) petition process in 2025-2026, allowing individuals to petition the ATF for relief from federal firearms disabilities. This is a federal remedy independent of New Hampshire state law. If approved, it would lift the federal ban under 18 USC 922(g)(1). However, it would not override the state prohibition under RSA 159:3 — you would still need annulment or a pardon for state-law purposes.

Take Action — Direct Links

New Hampshire Judicial Branch — Annulment Information
Official court information on the annulment process, including forms, checklists, filing procedures, and eligibility requirements.
New Hampshire RSA 651:5 — Full Statute Text
Complete text of the annulment statute, including waiting periods, exclusions for violent crimes, and the discretionary standard applied by courts.
New Hampshire Governor's Office
Contact the Governor's office for information about the pardon application process and executive clemency procedures.
Collateral Consequences Resource Center — New Hampshire Profile
Comprehensive guide to New Hampshire restoration of rights, pardon, expungement, and sealing — including gun rights restoration.
New Hampshire Legal Aid — 603 Legal Aid
Free legal assistance for eligible New Hampshire residents, including help with annulment petitions and understanding rights restoration options.
ATF — Federal Firearms Disabilities and 18 USC 925(c) Relief
Federal information on firearms disabilities under 18 USC 922(g) and the revived 925(c) petition process for relief from federal firearms prohibitions.