On August 17, 2026, the U.S. Department of Justice announced a final rule establishing a new process through which eligible individuals may apply to restore federal firearm rights under 18 U.S.C. § 925(c).

The announcement represents a major development for individuals who are prohibited under federal law from possessing, receiving, shipping, or transporting firearms or ammunition. For more than three decades, the statutory restoration process created by Congress was effectively unavailable to most individual applicants.

That is now changing.

The new process, however, does not automatically restore anyone’s firearm rights. It creates a structured application program through which applicants must demonstrate that they are not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest.

The final rule also establishes extensive documentation requirements, waiting periods, presumptive disqualifications, character-reference requirements, and a case-by-case review process.

Individuals seeking a broader overview of the program, potential eligibility, and available legal assistance can review our complete guide to federal firearm rights restoration under 18 U.S.C. § 925(c).

When Will the New Federal Firearm Rights Application Open?

DOJ has announced that the program will be introduced in stages during 2026:

Stage DOJ’s Announced Action
30 days after publication of the final rule DOJ will begin inviting candidates to apply
75 days after publication The online application will open to the public, initially allowing the first 5,000 candidates to apply
120 days after publication The application will open to 500 additional candidates, and DOJ will begin collecting the application fee

These periods run from the date the final rule is officially published in the Federal Register—not necessarily from the August 17, 2026 announcement date.

DOJ has identified a $30 application fee. The final rule also permits an applicant to request that the fee be reduced or waived based on indigency.

Because access will initially be limited, prospective applicants should begin evaluating eligibility and collecting the required records before the public portal opens.

What Does It Mean That DOJ Will “Invite Candidates to Apply”?

DOJ’s rollout webpage states that, beginning 30 days after publication of the final rule, the Department will “invite candidates to apply.” The Department has not yet publicly explained precisely how those candidates will be identified or selected.

One possibility is that DOJ will use information from individuals who previously submitted requests for relief or otherwise contacted the Department about the program. That would provide DOJ with an existing group of potential applicants from which to begin the invitation process.

However, the final rule and DOJ’s current public guidance do not expressly guarantee that previously submitted applicants will receive invitations, that they will receive priority, or that their earlier submissions will automatically be treated as completed applications under the new rule.

Individuals who previously submitted requests should therefore:

  • Monitor all email and physical mail for communications from DOJ;
  • Preserve copies of everything previously submitted;
  • Review their submissions against the final rule’s new requirements;
  • Begin collecting any additional records required by the final rule; and
  • Be prepared to complete the official application when instructed by DOJ.

A prior submission may place an applicant in a better practical position if DOJ uses its existing records to identify invitees. Nevertheless, applicants should not assume that an earlier submission will automatically satisfy the new application requirements.

Who May Apply for Federal Firearm Rights Restoration?

The final rule provides that any person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may apply to the Attorney General for relief under 18 U.S.C. § 925(c).

The existence of an application process does not mean every type of federal firearm prohibition is equally suited for relief.

For example, an individual whose disability arises from a completed, nonviolent felony conviction may present a substantially different case from someone who is presently:

  • A fugitive from justice;
  • Serving a criminal sentence;
  • Participating in a pretrial-diversion program;
  • Subject to a qualifying domestic-violence protection order;
  • Unlawfully present in the United States;
  • An unlawful user of or addicted to a controlled substance; or
  • Required to register as a sex offender based on an offense that resulted in a federal firearm prohibition.

Certain current or continuing statuses will result in a presumption against relief. In some cases, the applicant may have another available legal or administrative method for resolving the underlying prohibition before pursuing relief under § 925(c).

Determining the precise source of the federal prohibition is therefore one of the most important first steps in evaluating a potential application.

What Must an Applicant Prove?

The applicant bears the burden of establishing, to the Attorney General’s satisfaction, that:

  1. The circumstances surrounding the federal firearm disability;
  2. The applicant’s complete record;
  3. The applicant’s reputation; and
  4. The applicant’s conduct following the underlying event

demonstrate that the applicant is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest.

Relief is discretionary. Even an applicant who is technically eligible and not subject to a presumptive disqualification is not guaranteed approval.

DOJ may consider a broad range of information, including:

  • The applicant’s entire criminal history;
  • Arrests that did not result in charges;
  • Charges that were dismissed;
  • Deferred prosecutions and similar alternative dispositions;
  • Conduct underlying charges dismissed as part of a plea agreement;
  • The seriousness of the original offense;
  • Victim-impact information;
  • Conduct while incarcerated, on probation, or on parole;
  • Compliance with all sentencing requirements;
  • The amount of time that has passed since completion of the sentence;
  • Subsequent rehabilitation and law-abiding conduct;
  • Past or present substance use;
  • Restraining or protection orders;
  • Threats or threatening conduct;
  • Mental-health history and treatment;
  • Information supplied by local law-enforcement officials; and
  • Whether denying relief under the applicant’s individual circumstances would infringe the applicant’s Second Amendment rights.

This means an application is not merely a records-submission exercise. It is a presentation of the applicant’s history, rehabilitation, current character, public-safety profile, and reasons supporting restoration.

What Documents Will Be Required?

The final rule imposes substantial documentation requirements. Depending on the source of the federal prohibition, an applicant may need to provide:

  • The charging document for every relevant conviction;
  • Plea agreements and the factual basis for any plea;
  • The presentence investigation report, if available;
  • The judgment of conviction;
  • Sentencing records;
  • Proof that every component of the sentence was completed;
  • Probation, parole, or correctional records;
  • Police and investigative reports;
  • Records concerning expungements, set-asides, pardons, or restoration of civil rights;
  • Prior applications to restore firearm or other civil rights;
  • State criminal-history reports;
  • Fingerprints;
  • Military-service and court-martial records;
  • Mental-health adjudication, commitment, treatment, and recovery records when applicable;
  • Relevant foreign criminal, military, or medical records; and
  • Three sworn character-reference statements.

Generally, court and government records must be certified copies or true copies provided by the issuing government entity. Electronic copies may be submitted in accordance with DOJ’s application instructions.

Foreign-language records must be accompanied by a complete English translation and a certification from a competent translator.

If an official record is genuinely unavailable because the responsible agency no longer maintains it, the applicant may submit a sworn statement describing the underlying matter, the efforts made to obtain the document, and why it is unavailable. Missing records should not simply be ignored.

What Criminal-History Reports Must Be Submitted?

Individual applicants must obtain a criminal-record check from:

  • Every state in which the applicant has lived since turning 18 or during the preceding 25 years, whichever period is shorter; and
  • Every state in which the applicant has been arrested during that same period.

If a statewide criminal-history report is unavailable, the applicant may need to obtain the appropriate local reports.

This is significantly more extensive than submitting a single FBI identity-history summary. Applicants with residences or arrests in multiple jurisdictions should begin this process early because obtaining complete records can take time.

What Are the Character-Reference Requirements?

An individual applicant must provide affidavits from three character references.

Each reference must:

  • Be unrelated to the applicant by blood or marriage;
  • Have known the applicant for at least three years;
  • Not be prohibited from possessing a firearm under 18 U.S.C. § 922(g); and
  • Sign the statement under penalty of perjury.

The references must be able to attest to matters including the applicant’s character, reputation, substance use, mental condition, recent conduct, history of threats or violence, and whether the applicant would present a danger if permitted to possess a firearm.

Selecting references should therefore be done carefully. A reference should know the applicant sufficiently well to provide meaningful and credible information rather than a generic statement of support.

Which Applicants Are Presumptively Disqualified?

A presumptive disqualification does not necessarily create an absolute legal bar. It means DOJ ordinarily will deny the application unless the applicant demonstrates extraordinary circumstances sufficient to overcome the presumption.

Permanent or Indefinite Presumptions

Absent extraordinary circumstances, relief will be presumptively denied when the applicant has a felony conviction involving conduct such as:

  • Death of another person;
  • Rape, sexual abuse, or sexual assault;
  • Human trafficking;
  • Kidnapping;
  • Domestic or intimate-partner violence;
  • Burglary;
  • Robbery;
  • Extortion;
  • Carjacking;
  • Arson;
  • Certain racketeering or gang-related offenses;
  • Maiming, assault, or battery;
  • Stalking;
  • Escape or rescue of a person in custody;
  • Terrorism;
  • Witness tampering; or
  • Brandishing or discharging a firearm, or using an explosive, during another felony.

Attempts, solicitations, conspiracies, and aiding or abetting these offenses may also trigger the presumption.

DOJ is not limited to comparing the statutory elements of the conviction with a generic offense. It may examine the underlying facts to determine whether the conviction involved conduct comparable to one of the listed categories.

Ten-Year Presumptions

A ten-year presumption may apply to certain convictions or sentences involving:

  • Drug manufacturing or trafficking;
  • Threats of violence;
  • Explosives offenses;
  • Certain federal firearm offenses;
  • Firearms or other weapons on school property;
  • Animal abuse; and
  • Misdemeanor crimes of domestic violence.

For these purposes, the relevant period may be measured from the conviction or from the last date on which the applicant served any part of the sentence. Certain new arrests, disabilities, or violent allegations following a domestic-violence conviction may restart the ten-year period.

Five-Year Presumptions

A five-year presumption generally applies when, during the preceding five years, the applicant was convicted of or served any portion of a sentence for:

  • A felony not falling within another presumptive category; or
  • Certain misdemeanor assault, battery, stalking, or threatened-violence offenses.

An applicant should not assume that the passage of five or ten years automatically establishes eligibility. The method used to calculate the applicable period, the definition of “sentence,” and the applicant’s complete subsequent history must all be evaluated.

What Counts as Completion of a Sentence?

The final rule defines “sentence” broadly. It includes more than incarceration.

A sentence may include:

  • Jail or prison;
  • Home confinement;
  • Probation;
  • Parole;
  • Supervised or unsupervised release;
  • Unpaid fines or other monetary obligations;
  • Court-ordered education or treatment;
  • Programming requirements;
  • Community service;
  • Military extra duties;
  • Restrictions on movement; and
  • Electronic monitoring.

Accordingly, an individual may not have completed the sentence for purposes of the waiting period merely because incarceration or probation ended. Unsatisfied financial or program requirements may affect the calculation.

Does the Rule Treat Marijuana Differently?

The final rule excludes marijuana from its definition of “controlled substance” for purposes of certain provisions of the restoration program.

This is an important change from the proposed rule. Nevertheless, marijuana remains regulated under other provisions of federal law, and the restoration rule should not be interpreted as a general determination that marijuana use is lawful for firearm owners.

Applicants must answer all application questions truthfully and should obtain individualized advice concerning how current or previous substance use affects federal firearm eligibility.

Are Individuals With Mental-Health-Based Prohibitions Eligible?

Individuals prohibited under 18 U.S.C. § 922(g)(4) because of a qualifying mental-health adjudication or commitment may apply under the new process.

However, applicants generally must provide extensive documentation, including:

  • The original adjudication or commitment order;
  • The petition initiating the proceeding;
  • Medical records describing the diagnosis and circumstances;
  • Records showing discharge, restored competency, or restoration of rights; and
  • A current certification from a licensed mental-health professional.

The certification must address whether the applicant no longer has the condition that caused the prohibition or whether the condition has been successfully treated or stably managed so that the applicant is unlikely to present a danger.

If the state, territory, or federal agency responsible for the disability operates its own qualifying relief program, an applicant may be presumptively denied if the applicant could have pursued relief through that program but failed to do so—or pursued it and was denied.

What Happens if an Application Is Incomplete?

If an application is incomplete, improperly executed, or fails to identify a federal disability for which relief may be granted, DOJ will notify the applicant of the defect.

The applicant will ordinarily have 30 days to correct and resubmit the application. If the applicant does not timely cure the defect, DOJ will treat the application as abandoned.

An abandoned application is different from an application denied on its merits. Nevertheless, because initial access to the portal will be limited, applicants should make every effort to submit a complete and carefully documented application the first time.

What Happens if an Application Is Denied?

The final rule restricts repeated applications.

Absent extraordinary circumstances, an applicant may be presumptively denied if:

  • DOJ previously denied an application based on one of the permanent presumptive-disqualification categories; or
  • DOJ denied another application within the preceding five years for reasons other than certain temporary or curable disqualifications.

This makes the initial application especially important. Filing prematurely, before a waiting period expires or before a persuasive evidentiary record has been developed, may have consequences beyond the immediate denial.

Does Federal Relief Override State Firearm Laws?

No.

Relief under 18 U.S.C. § 925(c) removes only the federal disability or disabilities identified in the grant of relief. It does not eliminate an independent prohibition imposed by state law.

Before filing, applicants should determine whether they are prohibited under:

  • Federal law only;
  • State law only; or
  • Both federal and state law.

An applicant who receives federal relief but remains prohibited under state law still cannot lawfully possess firearms in violation of that state prohibition.

Will DOJ Publicly Identify Successful Applicants?

Yes. When relief is granted, DOJ must publish notice of the action in the Federal Register together with the reasons for granting relief.

Prospective applicants should understand this public-disclosure requirement before applying.

What Should Previously Submitted Applicants Do Now?

Individuals who previously submitted federal firearm-rights restoration requests should not panic or assume that their work has been lost.

Those submissions were prepared under the procedures and information available at the time. The final rule now supplies a formal set of requirements that did not previously exist in final form.

Previously submitted matters should be reviewed to determine:

  • Whether the applicant remains eligible under the final rule;
  • Whether a five- or ten-year presumption applies;
  • Whether any permanent presumptive disqualification may apply;
  • Whether the sentence-completion date was calculated correctly;
  • Whether all required criminal-history reports have been obtained;
  • Whether additional court, police, military, medical, or correctional records are required;
  • Whether the references satisfy the final rule;
  • Whether the applicant’s personal statement addresses the final legal standard; and
  • Whether the applicant must submit information through the new portal after receiving an invitation or when public access begins.

DOJ has not yet stated that every prior submission will automatically be converted into a valid application under the final rule. Applicants should therefore remain attentive to further instructions and be prepared to supplement or resubmit materials through the official process.

How National Security Law Firm Can Help

A successful § 925(c) application requires much more than completing an online form. DOJ will evaluate the applicant’s complete history, the facts underlying prior offenses, rehabilitation, reputation, current circumstances, and potential public-safety risk.

National Security Law Firm represents clients nationwide in federal firearm-rights restoration matters. Our attorneys can assist with:

  • Determining the precise source of a firearm prohibition;
  • Evaluating eligibility and applicable presumptive disqualifications;
  • Calculating the relevant waiting period;
  • Obtaining and reviewing court, law-enforcement, military, and correctional records;
  • Identifying weaknesses or inconsistencies in the evidentiary record;
  • Preparing the applicant’s personal presentation;
  • Developing evidence of rehabilitation and present character;
  • Preparing compliant character-reference affidavits;
  • Addressing potentially adverse information;
  • Updating previously prepared submissions to comply with the final rule; and
  • Submitting a complete application when the applicant becomes eligible to use DOJ’s process.

Because the program will initially accept only a limited number of public applicants, individuals considering relief should begin preparing before the portal opens.

Contact National Security Law Firm to schedule a confidential consultation regarding eligibility for federal firearm-rights restoration under 18 U.S.C. § 925(c).

National Security Law Firm represents clients nationwide in these matters. Learn more about our federal firearm rights restoration attorneys and the 18 U.S.C. § 925(c) application process, or contact our firm to schedule a confidential consultation.

Frequently Asked Questions

Is federal firearm-rights restoration automatic under the new rule?

No. Every applicant must prove that the applicant is unlikely to act dangerously and that granting relief would not be contrary to the public interest.

Is approval guaranteed if my conviction was nonviolent?

No. The nonviolent nature of an offense may be favorable, but DOJ will consider the applicant’s complete record, reputation, rehabilitation, and current circumstances.

Do I have to wait five years after a felony?

Many otherwise non-disqualifying felony convictions carry a five-year presumptive-denial period. The period may run from the conviction or the last date on which any portion of the sentence was served. The complete sentence and criminal history must be reviewed.

How much is the application fee?

DOJ has identified a $30 fee. Under the announced rollout, collection of that fee will begin when the application process expands at the 120-day stage. Applicants may request a reduction or waiver based on indigency.

Are the first 5,000 applicants necessarily people who previously filed?

DOJ has not said that. DOJ will begin by inviting candidates before opening the portal to the first 5,000 public candidates. Previously submitted requests may provide DOJ with a practical source of potential invitees, but DOJ has not guaranteed invitations or priority for those individuals.

Will my previous application remain valid?

DOJ has not yet issued a universal answer for every prior submission. Previously submitted applications should be preserved and reviewed against the final rule. Additional documents, updated affidavits, or submission through the official portal may be required.

Can federal relief remove a state firearm prohibition?

No. A grant under § 925(c) removes the applicable federal disability. It does not override an independent state-law prohibition.

Can a lawyer guarantee that DOJ will approve my application?

No. The Attorney General retains discretion to decide each case, and no attorney can ethically guarantee a particular outcome.