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What could cause me to lose my gun rights?

On Behalf of | Feb 1, 2021 | Weapons Charges

The rights afforded to you in the U.S. Constitution are not without exceptions. Most notably, your gun rights can easily go away if you find yourself in certain legal situations. 

According to Giffords Law Center, you will lose your gun rights if you have a felony conviction on your record. This is a federal law and applies in every state. Illinois law adds some additional restrictions. 

Violent crimes

You can also lose your rights if you have a conviction for some violent crimes. It does not have to be a felony. Violent crimes may include domestic violence and assault. 

Mental disorders and illnesses

You can also lose your rights if you have a documented mental condition of a serious nature. You have a disqualifying history if you were a mental health facility patient within the past five years or have a determination that you are a clear and present danger to yourself or others and a doctor has not cleared you of it. 

This also includes drug addictions, which disqualify you from having your rights. If a doctor determines you have a mental, developmental or intellectual disability, it also removes your right to own or possess a gun. 

Age and citizenship

If you are under the age of 21, then you have to have consent from your parents or guardian to buy and own firearms or ammunition. Your parents can also revoke their consent, which would bar you from your gun rights. 

You also have no gun rights if you are an undocumented immigrant or if you are here on a non-immigrant visa. 


In this state, you have to have a license to own or possess a gun. If you do not have a Firearm Owner’s Identification Card, the law does not legally allow you to have a firearm or ammunition. You must go through the Illinois Department of State Police to secure this license. The state may revoke your license if you do not meet the conditions, make false statements on your application or fall into a category that automatically removes your gun rights.