Should Pardoned Jan. 6 Defendants Have Guns?
The big news in Washington this week is the $1.776 billion fund that’s been created by the Justice Department to settle President Trump’s lawsuit against the Internal Revenue Service. The fund will be used to compensate people Trump claims have been unfairly targeted through government “weaponization,” including defendants who committed violent acts during the U.S. Capitol attack on Jan. 6, 2021.
One such person is Ryan Nichols. According to the Longview News-Journal:
At the U.S. Capitol, Nichols carried a crowbar and led a crowd of people who pushed police officers, and he used pepper spray against officers, court records show. Nichols entered the Capitol through a broken window, stood on a window ledge, and used a bullhorn to tell a crowd of people: “Get in the building, this is your country, get in the building…This is the second revolution,” court records show. Nichols was sentenced to more than five years in prison for his role in the riot.
Nichols, like all Jan. 6 defendants, was pardoned and released by Trump in 2025.
Now he finds himself back in jail, having been arrested by local police in his hometown of Longview, Texas. Nichols reportedly brandished a firearm outside of a church during a dispute with another man, who was unarmed and holding a Bible, and whose wife and children were nearby. The arrest comes a few months after Nichols announced the end of a congressional campaign, citing “mental health issues” and his divorce.
There’s obviously a lot to unpack here, but the big question is this: was Nichols allowed to own a gun? Typically, a felon would not be. But this case is a little tricky. According to The Trace, Jan. 6 defendants who have received full presidential pardons for their federal offenses are legally allowed to own guns at the federal level. However, their ability to legally possess firearms depends on other factors as well:
No other disqualifying convictions: The pardon only applies to the specific federal charges outlined in the pardon itself. If a defendant has other, unrelated federal or state felony convictions or domestic violence restraining orders, those independent prohibitions remain in effect.
State laws: Even with a federal pardon, state laws vary. Some states maintain strict restrictions or outright bans on firearm possession for individuals with past felony convictions, regardless of a presidential pardon.
What will happen in the Nichols case? That remains to be seen. Stay tuned.