A New Path to Restore Your Gun Rights

The Department of Justice (DOJ) has just proposed a new rule that could significantly impact millions of Americans who have lost their firearm rights due to federal prohibitions. If finalized, this rule would create a clear legal process for individuals to apply for relief from federal firearms disabilities—essentially giving them a second chance to legally own and possess firearms. This blog post breaks down the proposed rule in plain English and explains what it could mean for you or your loved ones.

National Security Law Firm is closely monitoring this development and stands ready to assist clients through the complex application process once the rule is in effect. Here’s everything you need to know.

Official Rule Text

You can read the full Notice of Proposed Rulemaking (NPRM)—titled “Application for Relief from Disabilities Imposed by Federal Laws with Respect to … Firearms”—on the Department of Justice website here.

What the DOJ Says: Summary from Its Press Release

  • The DOJ officially described the proposal in a press release on July 22, 2025, stating it will “provide citizens whose firearm rights are currently under legal disability with an avenue to restore those rights, while keeping firearms out of the hands of dangerous criminals and illegal aliens.”

  • The DOJ confirms that individuals with violent felony convictions, registered sex offenders, and non-citizens are presumptively ineligible, though the Attorney General retains final discretion to grant relief case-by-case. 

Brief Breakdown of the NPRM Structure

1. Title & Purpose

Adds a new 28 CFR Part 107, establishing the procedure for requesting relief under 18 U.S.C. § 925(c). It sets criteria so the Attorney General can restore federal firearm rights if the applicant is unlikely to pose a danger and relief would be in the public interest

Background: Why Is This Rule Being Proposed?

Under federal law—specifically 18 U.S.C. § 922(g)—certain people are prohibited from possessing firearms. This includes felons, people with domestic violence convictions, those subject to restraining orders, and others. For years, there was no real pathway for individuals to request a review of their status and apply for relief, particularly after Congress stopped the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from processing such requests in 1992.

But things have changed. Recent Supreme Court decisions—including District of Columbia v. Heller, NY State Rifle & Pistol Ass’n v. Bruen, and United States v. Rahimi—have reaffirmed the constitutional right to bear arms and made it clear that any restrictions on this right must align with historical traditions and standards.

To comply with this evolving legal landscape, the DOJ has now proposed a rule to bring back the relief-from-disabilities process under § 925(c). This rule sets out who can apply, what standards will be used to judge their application, and what factors will weigh for or against them.

Who Can Apply: Opening the Door to Restoration

The new rule allows individuals who are currently federally prohibited from owning a firearm to apply to the Attorney General for relief. However, this opportunity isn’t for everyone. The rule creates a list of disqualifying criteria that will automatically disqualify certain applicants unless they can show “extraordinary circumstances.”

Presumptively Disqualified Individuals:

  • Violent Felons: If you’ve been convicted of a crime involving violence—like assault, robbery, sexual assault, or homicide—you’re presumed ineligible.
  • Felony Sex Offenders: Anyone convicted of a felony sex offense is automatically presumed disqualified.
  • Repeat or Recent Offenders: If you’ve committed any felony within the past five years, you may still apply, but you’ll need to overcome the assumption that you’re not a safe candidate.
  • Drug Offenders: Those convicted of drug distribution crimes must wait 10 years after completing their sentence to apply.
  • Domestic Violence Convictions: Misdemeanor domestic violence convictions result in a 10-year waiting period and additional scrutiny based on behavior during that time.
  • Individuals Under Supervision: If you’re currently on probation, parole, or supervised release, you cannot apply until your sentence is fully complete.
  • Active Restrictions: People currently subject to restraining orders, fugitives from justice, or unlawful users of controlled substances are presumed ineligible.

Even if you don’t fall into one of these categories, the Attorney General has broad discretion to deny applications if there’s any indication you may pose a danger to public safety.

Time Limits and Waiting Periods

The rule introduces structured time-based limitations. For some offenses, you must wait a specific period before even becoming eligible to apply:

  • 10-Year Wait: For serious crimes like drug distribution or domestic violence.
  • 5-Year Wait: For general felonies that don’t involve violence or sex offenses.
  • Indefinite Disqualification: For violent felons, sex offenders, and those who have previously been denied under these rules.

The goal here is to allow individuals who’ve truly rehabilitated—and who can demonstrate that over time—a chance to regain their rights. It’s not an automatic restoration, but it gives people a clear path to follow.

The Review Process: What the Attorney General Will Look At

The DOJ emphasizes that this is not a rubber-stamp process. The Attorney General (or her designee) will conduct a thorough review of each applicant’s background, including:

  • Your entire criminal record, even offenses that didn’t lead to conviction
  • Whether you’ve demonstrated good behavior since your last offense
  • Any history of substance abuse, mental health issues, or threats of violence
  • Whether you’ve associated with gangs or criminal groups in the past 10 years
  • Character references from individuals who can speak to your rehabilitation
  • Input from local law enforcement about your conduct and reputation

This is a holistic review. Even if your original offense was relatively minor, a recent history of threats, arrests, or substance abuse could still disqualify you.

What the Application Will Require

Applicants will need to submit a detailed application, including:

  • A personal statement outlining their legal history and why they believe relief is warranted
  • Fingerprints and criminal background checks from every state they’ve lived in
  • Mental health records if applicable
  • Documentation related to past convictions and sentence completion
  • Three non-family references who have known the applicant for at least three years
  • Proof that local law enforcement has been notified of the application

Applicants must also attest under penalty of perjury that they:

  • Are not currently using illegal drugs
  • Have not committed any crimes in the last five years
  • Are not suffering from a mental condition that would impair their judgment
  • Are not associated with any criminal organizations

What Happens After You Apply

Once submitted, the application will be reviewed by DOJ staff. Local law enforcement will have the opportunity to submit comments, and the final decision will rest with the Attorney General. If relief is granted:

  • You will be able to legally acquire, possess, and transport firearms under federal law
  • Your name will be removed from certain federal databases like NICS
  • Important: This does NOT restore your gun rights under state law unless your state also recognizes the federal restoration

If you’re denied, you’ll generally have to wait five years to reapply unless extraordinary circumstances apply.

Application Costs and Fee Waivers

The DOJ estimates that around 1 million people will apply in the first year. To offset processing costs, the proposed application fee is $20. However, individuals facing financial hardship can request a waiver.

This low fee reflects a desire to keep the process accessible to everyday Americans—not just the wealthy.

The Bottom Line: Relief Is Possible, But Not Guaranteed

This proposed rule is a major step forward for Second Amendment rights restoration. It gives formerly prohibited individuals—especially those with non-violent or dated offenses—a clear process to prove they are no longer a risk to public safety.

But this will be a complex, document-heavy, and highly discretionary process. Most people will benefit from the guidance of an experienced legal team.

Why Choose National Security Law Firm?

At National Security Law Firm, we specialize in:

  • Navigating complex federal firearm laws
  • Representing clients with past felony, drug, or domestic violence records
  • Preparing compelling applications that anticipate government scrutiny
  • Offering legal financing options so you can afford help when you need it most
  • Fighting to restore your rights like it’s our own freedom on the line

We are the go-to team for federal firearm restoration, backed by five-star reviews and a fierce commitment to constitutional rights.

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For a full breakdown of federal firearms prohibitions and your options after a delay or denial, visit: 👉 Denied by NICS? Here’s How NSLF Can Help You Challenge Federal Firearm Prohibitions