New DOJ Process Creates Path to Regain Federal Firearms Rights

The U.S. Department of Justice has established a new administrative process that allows certain individuals subject to a federal firearms prohibition to seek restoration of their federal firearms rights. The rule revives a form of relief that has been largely unavailable for decades and creates a potential (though discretionary) avenue to regain the lawful ability to possess, receive, transport, and ship firearms under federal law. The new rule takes effect September 21, 2026, with applications accepted through a phased rollout. Relief under § 925(c) addresses federal firearms disabilities only and does not eliminate any independent state firearms restriction.

Who May Seek Relief

The individual process covers persons prohibited from owning firearms under 18 U.S.C. § 922(g), including those with disqualifying felony convictions, certain mental health adjudications or commitments, dishonorable discharges, misdemeanor domestic violence convictions, and other listed statuses.

The rule allows applications broadly but creates presumptions of denial absent “extraordinary circumstances.” These include permanent presumptions for the following circumstances:

• Specified felonies involving listed violent or otherwise serious conduct
• Certain offenses involving firearms or explosives
• 10-year presumptions for drug trafficking, threats, explosives, specified firearms offenses, misdemeanor domestic violence, and other listed conduct
• 5-year presumptions for other felonies and specified violent misdemeanors

Current statuses, including awaiting sentencing or serving any part of a sentence, diversion, qualifying protective orders, covered controlled-substance use, or certain sex-offender registration, also create presumptions.

“Sentence” is defined broadly and includes periods during which court-imposed monetary obligations or other requirements remain unsatisfied. Outstanding restitution or fines therefore may trigger the current-sentence presumption and affect discretionary review. However, they are not an absolute bar in every case.

The Governing Standard

The applicant must establish, to the Attorney General’s satisfaction, that the circumstances surrounding the restriction and the applicant’s record and reputation show the applicant will not be likely to act in a manner dangerous to public safety and that relief would not be contrary to the public interest.

In making that determination, DOJ may consider the applicant’s full criminal history and underlying conduct, victim information, conduct during the sentence, compliance with supervision and financial penalties, time since sentence completion, substance use, and whether the applicant’s individual circumstances indicate that denying relief would infringe the applicant’s Second Amendment rights. Employment, rehabilitation, community involvement, character evidence, and a credible reason for restoration may support the submission, but no factor guarantees relief.

Application Requirements and Review

Applicants must use DOJ’s online form, which remains listed as “coming soon” as of this writing. An e-application, once begun, must be completed within 30 days, so an applicant’s first step should be to gather necessary records and documentation.

Required materials vary but generally include written consent authorizing DOJ to obtain and review relevant background information (including employment, medical, military, and criminal history records), electronic fingerprints, court and sentencing records concerning the underlying disability, state criminal history records for relevant places of residence and arrest, evidence concerning completion of the applicant’s sentence, and three qualified character references. Some categories require additional records.

DOJ may request additional information, contact references, and seek input from local law enforcement. DOJ’s current guidance states that restoration specialists within the Office of the Pardon Attorney (PARDON) may contact applicants by email with follow-up questions. PARDON conducts the investigation, while the Attorney General or a designee makes the final decision.

An incomplete application must be amended and resubmitted within 30 days after notice, or it will be considered abandoned. Applicants will receive decision letters through DOJ’s online portal, grants will be published in the Federal Register, and an applicant whose request is denied may seek judicial review in the federal district court where the applicant resides.

Dates and Timing

The rule takes effect September 21, 2026, when DOJ says it will begin soliciting applications. DOJ’s implementation website identifies the following phased rollout dates:

• September 25, 2026: The application opens to “invited candidates,” described as those with a known interest in the program
• November 4, 2026: The application opens to the first 5,000 members of the public on a first-come, first-served basis
• January 4, 2027: The application opens to an additional 500 applicants, and DOJ begins charging the $30 application fee, which may be waived or reduced in appropriate circumstances

DOJ has not announced a general filing deadline, a date for unrestricted public intake, or an expected processing time.

Practical Considerations

Potential applicants should analyze federal and state prohibitions, applicable presumptions, sentence completion dates, and record availability before filing. A persuasive submission should address adverse facts candidly and document sustained lawful conduct, rehabilitation, employment, financial compliance, community standing, and the reason relief is sought. The determination remains individualized and discretionary.

The new process may provide a meaningful avenue for persons long subject to federal firearms disabilities, but eligibility and the strength of applications depend on individual circumstances.

If you have questions about the new § 925(c) process, eligibility for relief, or preparation of an application, please contact the author of this article or any member of the Woods Rogers Government & Special Investigations team.

Suggested FAQs

Q: Who can apply for restoration of federal firearms rights under the new rule?

A: Individuals subject to certain federal firearms disabilities under 18 U.S.C. § 922(g) may apply, although some categories are subject to rebuttable presumptions of denial.

Q: Does restoration under § 925(c) remove state-law firearms restrictions?

A: No. Relief under § 925(c) applies only to federal firearms disabilities and does not eliminate independent restrictions imposed under state law.

Q: What factors does DOJ consider when reviewing an application?

A: DOJ may evaluate criminal history, conduct during and after sentencing, compliance with court obligations, rehabilitation, community involvement, character evidence, and public-safety considerations.