Federal Firearm Rights Restoration Lawyers

For more than three decades, most individuals who lost their firearm rights under federal law had no functioning federal process through which to seek restoration. Although 18 U.S.C. § 925(c) authorized the Attorney General to restore federal firearm rights in appropriate cases, congressional funding restrictions effectively prevented the government from processing individual applications beginning in 1992.

That has now changed.

On August 17, 2026, the U.S. Department of Justice announced a final rule establishing a new federal firearm rights restoration process under 18 U.S.C. § 925(c). Eligible individuals will be able to ask the Attorney General to remove certain federal firearm disabilities after demonstrating 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.

Relief is not automatic. The new process requires extensive documentation, fingerprints, criminal-history reports, sworn character-reference affidavits, and a detailed review of the applicant’s entire record and reputation. The rule also establishes five-year and ten-year waiting periods for certain applicants and strong presumptions against relief for individuals with specified convictions, conduct, or current legal statuses.

National Security Law Firm represents clients nationwide in federal firearm rights restoration matters. Our attorneys help clients determine whether they qualify, identify potential disqualifications, collect the required records, develop evidence of rehabilitation, and prepare a complete application under the Department of Justice’s new rules.

August 2026 Program Update: DOJ is implementing the new application process in stages. Read our analysis of the DOJ final rule, application timeline, and treatment of previously submitted requests.

Can Federal Firearm Rights Be Restored?

Yes, federal firearm rights can potentially be restored, but the correct legal path depends on why the individual is prohibited.

Potential avenues may include:

Relief from federal firearm disabilities under 18 U.S.C. § 925(c);
A presidential pardon for a federal conviction;
A state pardon;
Expungement or set-aside of a qualifying state conviction;
Restoration of civil rights under state law;
Relief from a mental-health-based firearm disability;
Correction of an inaccurate criminal or mental-health record; or
A legal determination that the person is not actually prohibited under federal law.

The new § 925(c) program is particularly significant for individuals who remain federally prohibited even though they have completed their sentences, remained law-abiding, and demonstrated rehabilitation.

However, federal relief does not automatically eliminate a separate prohibition imposed by state law. Before pursuing an application, an attorney should identify every applicable federal and state restriction and determine which form of relief is necessary.

What Is 18 U.S.C. § 925(c)?

Federal law prohibits several categories of individuals from possessing, receiving, shipping, or transporting firearms or ammunition. These prohibitions are primarily found in 18 U.S.C. § 922(g).

Section 925(c) provides a potential path to relief. It authorizes a person subject to a qualifying federal firearm disability to apply to the Attorney General for restoration of federal firearm rights.

Under the statute, the Attorney General may grant relief when satisfied that:

The circumstances surrounding the applicant’s firearm disability;
The applicant’s record; and
The applicant’s reputation

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.

The applicant bears the burden of making that showing. The Attorney General retains discretion to grant or deny relief based on the applicant’s individual circumstances and all available information.

An applicant is therefore not entitled to restoration merely because a conviction was nonviolent, a particular waiting period has expired, or the individual has completed the sentence. Those may be favorable considerations, but DOJ will evaluate the complete record.

Why Was the Federal Restoration Program Unavailable for So Long?

Congress created the federal firearm disability relief mechanism in the Gun Control Act of 1968. The Attorney General initially delegated responsibility for the program to the Bureau of Alcohol, Tobacco, Firearms and Explosives.

ATF investigated applications by reviewing records, interviewing applicants, contacting references, and gathering information from law-enforcement agencies. The agency then determined whether granting relief would be consistent with public safety and the public interest.

Beginning in 1992, Congress prohibited ATF from using appropriated funds to investigate or act upon individual applications under § 925(c). Congress continued that restriction through annual appropriations legislation, effectively closing the program to most individual applicants.

Applicants attempted to obtain relief through federal courts, arguing that ATF’s failure to process an application should be treated as a denial. In United States v. Bean, 537 U.S. 71 (2002), the Supreme Court rejected that argument. The Court held that agency inaction was not a denial permitting judicial review under § 925(c).

As a result, the federal restoration statute remained on the books but was largely unusable by individuals for more than 30 years.

In March 2025, DOJ withdrew the delegation that had assigned § 925(c) applications to ATF. DOJ then published a proposed rule establishing standards for a modernized program. After receiving public comments, the Department issued its final rule in August 2026.

The program will now be administered through the Department of Justice rather than the former ATF process.

Who Is Prohibited From Possessing Firearms Under Federal Law?

Section 922(g) generally prohibits firearm or ammunition possession by an individual who:

Has been convicted of a crime punishable by imprisonment for more than one year;
Is a fugitive from justice;
Is an unlawful user of or addicted to a controlled substance;
Has been adjudicated as a mental defective or committed to a mental institution;
Is unlawfully present in the United States;
Is present under certain nonimmigrant visas without an applicable exception;
Was discharged from the Armed Forces under dishonorable conditions;
Renounced United States citizenship;
Is subject to a qualifying domestic-violence restraining order; or
Has been convicted of a misdemeanor crime of domestic violence.

Additional federal restrictions may apply in certain circumstances. For example, 18 U.S.C. § 922(n) restricts firearm receipt by certain individuals under felony indictment.

The first step in any restoration matter is identifying the precise statutory basis for the prohibition. An individual may have more than one disability, and obtaining relief from one does not necessarily eliminate the others.

Who May Apply Under 18 U.S.C. § 925(c)?

The final rule generally permits a person prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply for relief from a disability imposed under § 922.

Eligibility to submit an application, however, should not be confused with the likelihood of obtaining relief.

Some applicants may have viable cases based on an old, nonviolent conviction followed by many years of lawful and responsible conduct. Other applicants will face a five- or ten-year presumption against relief. Applicants with certain violent offenses or continuing prohibited statuses will ordinarily be denied absent extraordinary circumstances.

A preliminary eligibility evaluation should consider:

The precise federal prohibition;
Every conviction and underlying course of conduct;
The date and terms of each sentence;
Whether every portion of the sentence has been completed;
Arrests and other conduct occurring after the disqualifying event;
State firearm restrictions;
Prior pardons, expungements, set-asides, or civil-rights restoration;
Substance-use history;
Mental-health history;
Domestic-violence allegations and protection orders;
Military history;
Prior applications for firearm or civil-rights restoration; and
Whether another legal remedy should be pursued first.

General Eligibility Guide

The following chart provides a general overview. It is not a substitute for reviewing the exact offense, underlying conduct, sentence, and subsequent history.

Applicant’s circumstances	General treatment under the final rule
Older nonviolent felony with a completed sentence and substantial rehabilitation	May be a viable candidate, subject to complete review
Other felony conviction or sentence within the preceding five years	Generally subject to a five-year presumption against relief
Drug-trafficking conviction or sentence within the preceding ten years	Generally subject to a ten-year presumption against relief
Misdemeanor domestic-violence conviction or sentence within the preceding ten years	Generally subject to a ten-year presumption against relief
Felony involving specified violent conduct	Presumptively denied absent extraordinary circumstances
Felony involving brandishing or discharging a firearm	Presumptively denied absent extraordinary circumstances
Currently serving any portion of a criminal sentence	Presumptively denied
Currently participating in pretrial diversion or a comparable program	Presumptively denied
Current fugitive, immigration, or qualifying protection-order prohibition	Presumptively denied
Current unlawful use of or addiction to a covered controlled substance	Presumptively denied
Mental-health-based federal prohibition	Potentially eligible, subject to specialized evidence and exhaustion requirements
Independent state firearm prohibition	Federal relief will not remove the state prohibition

What Are Presumptive Disqualifications?

A presumptive disqualification is not necessarily an absolute statutory bar. It means DOJ has determined that an applicant with the specified conviction, conduct, or status is ordinarily unable to demonstrate that restoration would be consistent with public safety and the public interest.

An application subject to a presumption will generally be denied unless the applicant establishes extraordinary circumstances sufficient to overcome it.

The final rule creates several categories of presumptive disqualification.

Felony Offenses Carrying a Continuing Presumption Against Relief

Absent extraordinary circumstances, DOJ will presumptively deny an application involving a felony conviction based on conduct involving:

The death of another person;
Rape, sexual abuse, or sexual assault;
Human trafficking;
Kidnapping;
Intimate-partner or domestic violence;
Burglary;
Robbery;
Extortion;
Carjacking;
Arson;
Racketeering involving at least one violent predicate act;
Gang-related offenses;
Maiming;
Assault or battery;
Stalking;
Escape or rescue of a person in custody;
Terrorism; or
Witness tampering.

The presumption also applies to another felony during which the applicant brandished or discharged a firearm or used an explosive.

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

Importantly, DOJ is not limited to looking at the statutory elements or title of the offense. The Attorney General may examine the facts underlying the conviction to determine whether the offense involved conduct the rule identifies as violent or dangerous.

An offense labeled as “nonviolent” under state law may therefore still receive unfavorable treatment if the underlying facts involved violence, threats, a firearm, or comparable dangerous conduct.

Ten-Year Presumptions Against Relief

An applicant will generally face a ten-year presumption against relief if, during the relevant ten-year period, the applicant was convicted of or served any portion of a sentence for a felony involving:

Manufacturing, importing, exporting, distributing, or dispensing a controlled substance;
Possessing a controlled substance with intent to manufacture, import, export, distribute, or dispense;
Attempting, conspiring, soliciting, aiding, or abetting covered drug-trafficking activity;
Threats of violence;
Manufacturing, possessing, transferring, or using explosives;
Certain federal firearm offenses;
Possessing a firearm or other weapon on school property;
Discharging a firearm or other weapon on school property; or
Animal abuse.

A ten-year presumption also generally applies to a misdemeanor crime of domestic violence.

Special rules apply when an individual incurs another firearm disability or is arrested for certain violent or firearm-related conduct during the ten-year period following a misdemeanor domestic-violence conviction or sentence. Depending on the circumstances, the ten-year period may begin again.

Five-Year Presumptions Against Relief

The final rule generally creates a five-year presumption against relief when the applicant has, within the preceding five years, been convicted of or served any part of a sentence for:

A felony not subject to another presumptive-disqualification category; or
An assault, battery, stalking, or threatened-violence offense.

The five-year period is not necessarily measured from the conviction date. If any portion of the sentence continued beyond the conviction, the relevant period may run from the last date on which the applicant served that sentence.

Current Circumstances Carrying a Presumption Against Relief

Applications will also generally be denied, absent extraordinary circumstances, if the applicant is currently:

Awaiting imposition of sentence for a criminal offense;
Serving any part of a criminal sentence;
Participating in a program in lieu of conviction, including certain pretrial-diversion or substance-abuse programs;
A fugitive from justice;
Subject to a covered immigration-status prohibition;
Subject to a qualifying domestic-violence restraining order;
An unlawful user of or addicted to a covered controlled substance; or
Required to register under SORNA or a comparable sex-offender registration law based on an offense that resulted in a federal firearm prohibition.

Some of these disabilities arise from a continuing status rather than a completed historical event. Depending on the circumstances, resolving the underlying status may be more appropriate than applying for discretionary relief while it continues.

How Does the Final Rule Treat Marijuana?

For purposes of the definitions used in the new restoration regulations, DOJ excluded marijuana from the rule’s definition of “controlled substance” and from its definition of an “unlawful user of or addicted to any controlled substance.”

This was a notable change from the proposed rule.

However, the federal firearm laws and the restoration regulations must be distinguished carefully. Marijuana remains a controlled substance under other provisions of federal law, and the final restoration rule should not be interpreted as a general declaration that firearm possession by a marijuana user is lawful.

Applicants must provide truthful and complete information. Anyone whose potential prohibition or eligibility involves marijuana or another substance should obtain an individualized legal analysis.

How Is the Waiting Period Calculated?

The definition of “sentence” in the final rule is broad. It does not refer only to incarceration.

A sentence may include:

Jail or imprisonment;
Intermittent confinement;
Home confinement;
Probation;
Parole;
Supervised or unsupervised release;
Outstanding monetary obligations;
Court-ordered education;
Treatment or programming requirements;
Community service;
Military extra duties;
Restrictions on movement; and
Electronic monitoring.

An applicant may therefore remain within a five- or ten-year presumptive period even if incarceration or active supervision ended much earlier.

For example, unresolved restitution, fines, community service, or treatment obligations may affect the sentence-completion date. The applicant should obtain official documentation identifying the completion of every component of the sentence.

The calculation becomes more complicated when the individual has multiple convictions, overlapping sentences, later diversionary dispositions, or new conduct that may restart an applicable period.

What Must an Applicant Prove?

An applicant must establish to the Attorney General’s satisfaction 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.

DOJ may consider all information provided with the application and any other relevant information, including:

The applicant’s complete criminal history;
Arrests, even when no charges were filed;
Charges that did not result in conviction;
Deferred prosecutions and alternative dispositions;
Conduct underlying charges dismissed through a plea agreement;
The seriousness of prior conduct;
Victim-impact information;
Conduct while incarcerated or under supervision;
Compliance with probation, parole, and release conditions;
Satisfaction of financial and other sentencing obligations;
Time elapsed since completion of the sentence;
Conduct following completion of the sentence;
Past and present controlled-substance use;
Alcohol or prescription-drug abuse;
Restraining and protection orders;
Threats and threatening behavior;
Mental-health history, treatment, and abnormal behavior;
Information supplied by local law-enforcement officials;
The applicant’s reputation and community standing; and
Whether denying relief under the applicant’s particular circumstances would infringe the applicant’s Second Amendment rights.

The process is therefore not limited to checking whether the applicant has another conviction. DOJ may consider noncriminal conduct and information that never resulted in charges.

A persuasive application should address unfavorable facts directly and honestly. Attempting to conceal an arrest, allegation, treatment history, or adverse event can be more damaging than explaining it accurately and placing it in context.

What Evidence Can Demonstrate Rehabilitation?

The final rule does not create a single formula for proving rehabilitation. The most persuasive evidence will depend on the applicant’s history and the circumstances producing the prohibition.

Relevant evidence may include:

A long period without criminal or dangerous conduct;
Successful completion of probation, parole, treatment, or supervision;
Stable employment or business ownership;
Educational and professional achievements;
Military service;
Community service;
Family and caregiving responsibilities;
Evidence of sobriety or successful treatment;
Compliance with court orders;
Financial responsibility;
Evidence of remorse, accountability, and changed behavior;
Favorable professional or licensing history;
Positive relationships with the community;
Safe conduct around firearms when legally permitted;
State restoration of civil rights;
A pardon, expungement, set-aside, or certificate of rehabilitation;
Credible character evidence; and
A clear explanation of why firearm-rights restoration would be consistent with the public interest.

The quality and credibility of the evidence matter more than the sheer number of documents submitted. Generic praise from people who do not know the relevant history may carry less weight than detailed evidence from credible individuals who understand the applicant’s past and present character.

What Documents Are Required?

The documents required depend on the source of the applicant’s federal firearm disability. The final rule requires considerably more than a completed online form.

Potentially required materials include:

A statement identifying every applicable federal firearm prohibition;
Written authorization allowing DOJ to obtain and review relevant records;
An electronic fingerprint scan or two properly completed FBI fingerprint cards;
Charging instruments;
Plea agreements;
The factual basis for a plea;
Presentence reports and responses;
Judgments of conviction;
Records of guilty or no-contest pleas;
Certificates establishing completion of the sentence;
Police and investigative reports;
Records involving domestic-violence allegations;
Records of expungement, set-aside, pardon, or civil-rights restoration;
Prior applications to restore firearm or other civil rights;
Decisions on those prior applications;
State and local criminal-history reports;
Military-service records;
Court-martial records;
Mental-health adjudication and commitment records;
Relevant medical and treatment records;
Foreign criminal, medical, or military records;
Certified English translations of foreign-language records;
Three sworn character-reference affidavits; and
The applicant’s required sworn affirmations.

Court and government records generally must be certified as true copies or be true copies furnished to the applicant by the responsible court or government entity. DOJ will allow electronic submission of those records in accordance with its instructions.

What Criminal-History Reports Must Be Obtained?

An individual applicant generally must submit a criminal-record check from:

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

When a statewide report is unavailable, local criminal-history reports may be required.

This requirement can become time-consuming for applicants who have lived in or been arrested in multiple jurisdictions. Applicants should not assume that an FBI identity-history summary alone satisfies the requirement.

The applicant and counsel should compare the resulting reports against court records and the applicant’s recollection to identify discrepancies before submission.

What If an Official Record Is No Longer Available?

Older court, police, correctional, or military records may have been destroyed or may no longer be maintained.

If a required supporting document is unavailable for a reason not attributable to the applicant’s fault or negligence, the final rule permits the applicant to submit a sworn statement that:

Explains the underlying facts, charges, proceedings, and ultimate disposition;
Describes the efforts made to obtain the missing record; and
Explains why the record is unavailable.

An applicant should document all attempts to obtain the record, including correspondence with courts, law-enforcement agencies, archives, and record custodians.

The unavailability provision is not permission to omit a difficult or unfavorable record without explanation.

What Are the Character-Reference Requirements?

Every individual applicant must provide affidavits from three references.

Each reference must:

Be unrelated to the applicant by blood or marriage;
Have known the applicant for at least three years;
Not currently be prohibited from possessing a firearm under § 922(g); and
Provide the affidavit under penalty of perjury.

The references must attest, to their knowledge, that the applicant:

Has not committed a disqualifying crime during the preceding five years;
Is not an unlawful user of or addicted to a covered controlled substance;
Does not regularly abuse alcohol, prescription medication, or other intoxicants;
Does not have a mental-health condition currently impairing judgment or behavior;
Has good character and a good community reputation;
Has not threatened or attempted unlawful violence during the preceding five years;
Has not threatened or attempted suicide during that period; and
Would not pose a danger to public safety, the applicant, family members, or intimate partners if permitted to possess a firearm.

The reference requirement is more demanding than obtaining three conventional recommendation letters. Each reference must be qualified, sufficiently familiar with the applicant, and prepared to make specific sworn representations.

What Must the Applicant Personally Affirm?

The applicant must also make several statements under penalty of perjury.

These include affirmations addressing:

Criminal conduct during the preceding five years;
Controlled-substance use or addiction;
Regular abuse of alcohol or other intoxicants;
Mental-health conditions affecting judgment or behavior;
Character and community reputation;
Threats or attempted violence;
Threatened or attempted suicide;
Potential danger to the public, the applicant, family members, or intimate partners;
Certain associations with groups acting together to commit crimes during the preceding ten years;
Completeness of the information provided; and
Accuracy and truthfulness of the application.

Because these statements are made under penalty of perjury, they require careful factual review. An applicant should not sign them without understanding their scope.

Applicants With Mental-Health-Based Firearm Disabilities

An individual prohibited under § 922(g)(4) because of a qualifying mental-health adjudication or commitment may apply under the new process.

The application will generally require:

The order producing the adjudication or commitment;
The petition initiating the proceeding;
Medical records sufficient to explain the relevant diagnosis and circumstances;
Orders or findings showing discharge, restored competency, or restored rights; and
A current certification from a licensed mental-health professional.

The professional must certify that the applicant no longer has the condition that caused the disability or that the condition has been successfully treated or stably managed so that the individual is unlikely to present a danger to themselves or others.

A presumption against federal relief may apply when a state, territory, or federal agency maintains its own relief program and the applicant was eligible to use that program but failed to apply or applied and was denied.

Applicants should determine whether an available state or agency remedy must be exhausted before pursuing federal relief.

Applicants With Military Convictions or Dishonorable Discharges

The final rule expressly addresses applicants whose disabilities arise from military service.

An applicant with a qualifying general court-martial conviction or a discharge under dishonorable conditions may be required to submit:

DD Form 214;
DD Form 214-1 or DD Form 215, if applicable;
The charge sheet;
The court-martial judgment; and
The certificate of completion of appellate review.

Military applicants may also have potential remedies through a service discharge review board, board for correction of military records, appellate court, or pardon process. The appropriate strategy depends on whether the underlying military record can be corrected and whether that correction would eliminate the federal disability.

National Security Law Firm’s combined federal firearms and military-law experience is particularly valuable in matters involving court-martial convictions, military records, and character-of-service determinations.

How Does the Application Process Work?

Although DOJ will publish specific portal instructions, the substantive process established by the final rule can be summarized as follows:

1. Identify every firearm disability

Determine precisely why the applicant is prohibited under federal law and whether state law imposes an independent restriction.

2. Evaluate presumptive disqualifications

Analyze the underlying conduct, conviction history, sentence, waiting periods, current legal status, and prior applications.

3. Determine whether another remedy should be pursued first

Depending on the case, expungement, state restoration, correction of a record, mental-health relief, military-record correction, or a pardon may be more appropriate.

4. Gather the required records

Obtain certified or government-issued copies of court, police, correctional, military, medical, and restoration records.

5. Obtain criminal-history reports and fingerprints

Collect the jurisdiction-specific reports required by the rule and complete the fingerprint requirement.

6. Develop the rehabilitation evidence

Compile credible evidence addressing the applicant’s conduct, character, reputation, stability, and public-safety risk.

7. Prepare the character-reference affidavits

Confirm that each reference qualifies and can truthfully make all required sworn attestations.

8. Complete the official application

Answer every question accurately, identify all applicable prohibitions, and provide the required consent and sworn statements.

9. Pay the fee or request relief from the fee

DOJ has identified a $30 application fee. An applicant may request a reduction or waiver based on indigency.

10. Respond to DOJ inquiries

The applicant may be required to provide supplemental records, explanations, or other information during the investigation.

11. Receive the Attorney General’s decision

The Attorney General will determine whether the applicant has satisfied the statutory public-safety and public-interest standards.

When Will Applications Open?

DOJ has announced a staged rollout:

Beginning 30 days after publication of the final rule, DOJ will begin inviting candidates to apply.
Beginning 75 days after publication, the application will open to the first 5,000 public candidates.
Beginning 120 days after publication, the application will open to 500 additional public candidates, and collection of the application fee will begin.

These periods are measured from official publication of the final rule in the Federal Register, not necessarily from the date DOJ announced the rule.

For current information about the rollout and previously submitted matters, read our August 2026 federal firearm rights restoration update.

What Happens if an Application Is Incomplete?

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

The applicant will generally have 30 days to amend and resubmit the application with the necessary supporting records.

If the applicant does not correct the deficiency within that period, DOJ will treat the application as abandoned.

An abandoned application will not be treated as a prior denial for purposes of the rule restricting subsequent applications. Nevertheless, abandonment may result in delay and the loss of an initial opportunity to proceed while application access remains limited.

What Happens if DOJ Grants Relief?

A successful applicant will receive relief from the federal disability or disabilities identified in the grant.

The relief applies to federal restrictions involving the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition.

When relief is granted, DOJ must publish notice in the Federal Register together with the reasons for its decision. Applicants should therefore understand that a favorable decision and the government’s stated reasons will become public.

Relief does not protect the applicant from a new firearm disability incurred after approval. If a subsequent event creates another prohibition, the prior grant does not eliminate the new disability.

Does Federal Relief Override State Firearm Laws?

No. Relief under § 925(c) removes only the applicable federal firearm disability.

An individual may remain prohibited under the law of the state where the individual lives, possesses a firearm, or travels. State restrictions may arise from the same conviction or from an entirely different legal provision.

A complete evaluation should determine whether the applicant is:

Federally prohibited only;
Prohibited under state law only; or
Prohibited under both federal and state law.

In some cases, qualifying state relief may eliminate the state prohibition and cause the conviction to no longer count for purposes of the federal prohibition under 18 U.S.C. § 921(a)(20). Whether that occurs depends on the specific state procedure, which civil rights were restored, and whether the resulting order or state law continues to restrict firearm possession.

The title placed on a state order—such as “expungement” or “restoration”—does not by itself determine its effect under federal law.

Can an Applicant Possess a Firearm While the Application Is Pending?

No. Filing an application does not suspend or remove an existing federal firearm prohibition.

Unless another legal exception applies, the applicant may not lawfully possess, receive, ship, or transport firearms or ammunition until relief has actually been granted.

An applicant should also avoid constructive possession. Depending on the circumstances, a prohibited individual may face legal exposure when firearms are accessible within a shared home, vehicle, business, or other location even if another person claims ownership.

Violating federal firearm laws while an application is pending would create serious criminal exposure and could be devastating to the restoration request.

What Happens if an Application Is Denied?

The consequences of denial can extend beyond the immediate application.

Absent extraordinary circumstances, future applications will generally be presumptively denied if:

A previous application was denied based on one of the continuing presumptive disqualifications in § 107.50(a); or
An application was denied within the preceding five years for reasons other than certain temporary or curable circumstances identified in the final rule.

This makes timing and preparation critically important. Submitting an application before a waiting period expires, before relevant treatment is completed, or before sufficient rehabilitation evidence exists may damage the applicant’s ability to obtain relief later.

An individual should not file simply because the portal is available.

Is Judicial Review Available After a Denial?

Section 925(c) permits an individual whose application has been denied to seek judicial review in the appropriate United States district court.

The court may consider the administrative record and, in its discretion, admit additional evidence when necessary to prevent a miscarriage of justice.

Judicial review is not the same as submitting another application. Federal litigation involves jurisdictional, procedural, evidentiary, and strategic issues and should be evaluated based on the stated reasons for denial and the administrative record.

The availability of judicial review is another reason to prepare the original application carefully. The materials submitted to DOJ may become central to any later federal-court proceeding.

What Should Previously Submitted Applicants Do?

Before the final rule was issued, some individuals submitted requests or supporting materials to DOJ under the authority of § 925(c) and the guidance then available.

Those submissions were not necessarily defective when made. The government had not yet issued the final application requirements.

DOJ has now established formal requirements that may require previously submitted applicants to supplement, revise, or resubmit their materials through the official portal.

Previously submitted applicants should:

Preserve copies of everything submitted;
Monitor email and physical mail for DOJ communications;
Review the submission against the final rule;
Identify missing records or affidavits;
Confirm the applicable waiting period;
Update criminal-history reports and rehabilitation evidence;
Avoid submitting conflicting information; and
Follow DOJ’s instructions concerning invitations and portal access.

DOJ’s announcement that it will initially invite candidates to apply may indicate that the Department intends to begin with individuals already known to the program. However, DOJ has not expressly guaranteed that every prior applicant will be invited, receive priority, or have an earlier submission automatically converted into an application under the final rule.

Why Hire a Federal Firearm Rights Restoration Lawyer?

A § 925(c) application is not simply a request to fill out a government form. It is a federal administrative proceeding requiring the applicant to establish eligibility, address public-safety concerns, and persuade the Attorney General to exercise discretion favorably.

An attorney can assist by:

Identifying every federal firearm disability;
Determining whether the applicant is already eligible under federal law;
Analyzing the effect of state pardons, expungements, set-asides, and civil-rights restoration;
Calculating five- and ten-year presumptive periods;
Reviewing the facts underlying prior offenses;
Identifying potential permanent or current-status presumptions;
Obtaining court, police, correctional, military, and medical records;
Resolving inconsistencies among criminal-history reports;
Evaluating arrests and dismissed charges before DOJ raises them;
Developing relevant rehabilitation evidence;
Preparing the applicant’s narrative and legal presentation;
Selecting and preparing qualified references;
Ensuring that affidavits satisfy the final rule;
Addressing unfavorable information honestly and persuasively;
Preparing a complete portal submission;
Responding to DOJ requests for additional information; and
Evaluating judicial review if the application is denied.

The initial application matters because an avoidable denial can affect future eligibility. Careful legal and factual preparation should occur before the applicant enters the portal.

Why National Security Law Firm Is Uniquely Positioned to Handle § 925(c) Applications

National Security Law Firm has been at the forefront of the new federal firearm rights restoration process from its beginning.

We did not wait for DOJ to publish its final rule before developing this practice. Our attorneys began analyzing the revival of 18 U.S.C. § 925(c), working directly with affected individuals, collecting the necessary records, and preparing restoration requests under the legal authority and DOJ guidance available at the time.

Before DOJ issued the final regulations, our firm had already prepared and submitted approximately 100 federal firearm rights restoration matters. That early work gave our attorneys practical experience identifying the issues that now appear throughout the final rule, including sentence-completion dates, presumptive disqualifications, criminal-history documentation, evidence of rehabilitation, character references, state and federal restoration is

sues, and the applicant’s burden of demonstrating that relief would be consistent with public safety and the public interest.

We believe those previously submitted matters may provide DOJ with a logical pool of candidates for the initial invitation stage. DOJ has not guaranteed that previously submitted individuals will be invited or given priority, but our existing clients are not starting from scratch. Their histories have already been evaluated, substantial records have been collected, and their cases are now being reviewed and updated against the final requirements.

Led by a Former United States Attorney

National Security Law Firm’s federal firearm rights restoration program is led by Duane “Dak” Kees, the former United States Attorney for the Western District of Arkansas.

Dak was nominated by the President and confirmed by the United States Senate to serve as the chief federal law-enforcement official for the Western District of Arkansas. In that position, he supervised federal prosecutors and matters involving firearms, violent crime, narcotics, public corruption, national security, and other significant federal enforcement priorities.

That experience provides an important perspective in a § 925(c) case. DOJ is not simply deciding whether an applicant completed a form correctly. It is making a discretionary judgment about credibility, rehabilitation, dangerousness, and the public interest.

Having served at the highest level of federal prosecution, Dak understands how DOJ attorneys and decision-makers examine criminal conduct, assess public-safety concerns, evaluate potentially adverse

information, and determine whether an applicant’s evidence is credible and persuasive.

No attorney’s former government service can guarantee access, preferential treatment, or a particular result. What it can provide is a sophisticated understanding of the federal decision-making process and how to present a serious application to the government effectively and responsibly.

A Team Built for the Full Scope of the Application

A strong § 925(c) application may involve much more than federal firearm law. It can require analysis of criminal records from multiple jurisdictions, state restoration laws, expungements, pardons, military records, mental-health adjudications, domestic-violence allegations, substance-use history, and prior interactions with federal agencies.

National Security Law Firm is a nationwide federal practice with attorneys experienced in:

Federal criminal and administrative law;
Federal firearm prohibitions and restoration;
Pardons and other forms of discretionary relief;
Military convictions, court-martial records, and discharge matters;
Criminal-record analysis and rehabilitation evidence;
Federal background investigations;
Agency adjudications and administrative proceedings;
State expungement, pardon, and civil-rights restoration issues; and
Federal-court review of agency decisions.

This multidisciplinary experience allows us to evaluate the entire case rather than treating the DOJ application as an isolated form.

We Know What DOJ Now Requires

Our attorneys have studied the final rule in detail and are reviewing every existing federal firearm restoration matter against its requirements.

Depending on the client’s circumstances, our representation may include:

Identifying every applicable federal firearm disability;
Determining whether the client may already have another method of eliminating the prohibition;
Analyzing permanent, ten-year, five-year, and current-status presumptions;
Calculating the sentence-completion date under DOJ’s broad definition of “sentence”;
Reviewing the conduct underlying convictions rather than relying solely on offense titles;
Obtaining court, police, correctional, military, medical, and criminal-history records;
Identifying discrepancies or omissions before DOJ discovers them;
Addressing arrests, dismissed charges, protection orders, and other potentially adverse information;
Developing credible evidence of rehabilitation, stability, character, and community reputation;
Preparing the applicant’s personal presentation;
Selecting appropriate character references;
Preparing the three sworn reference affidavits required by the final rule;
Ensuring that the applicant can truthfully make every required affirmation;
Preparing and reviewing the official DOJ submission;
Responding to questions and requests from DOJ restoration specialists;
Addressing application deficiencies within the applicable deadline; and
Evaluating judicial-review options following an adverse decision.

Experience Matters Because the First Application Matters

The new process discourages incomplete, premature, and repetitive applications. Certain denials can create a five-year presumption against a subsequent application, while a denial based on one of the rule’s continuing presumptive-disqualification categories may have even longer-lasting consequences.

An applicant should not file merely because the portal becomes available.

The case should first be examined for eligibility, timing, unfavorable evidence, missing records, and alternative forms of relief. The final submission should present an accurate and coherent account of the applicant’s history while affirmatively demonstrating why restoration is justified.

National Security Law Firm combines early practical experience in the revived § 925(c) program, former federal prosecutorial leadership, and a nationwide team capable of handling the criminal, military, administrative, and state-law issues that can determine the outcome.

We cannot promise that DOJ will grant any application. We can promise that the case will be taken seriously, examined carefully, and prepared under the actual standards the Attorney General will use to decide whether federal firearm rights should be restored.

Speak With a Federal Firearm Rights Restoration Attorney

The new DOJ program creates a genuine opportunity for deserving individuals to seek restoration of federal firearm rights. It also establishes strict standards, extensive documentation requirements, and potentially serious consequences for an incomplete or premature application.

Preparation should begin before the applicant receives an invitation or attempts to enter the public portal.

Contact National Security Law Firm to schedule a confidential consultation with a federal firearm rights restoration attorney. We can evaluate the source of your prohibition, determine how the final rule applies to your history, and help you prepare for the DOJ application process.

CONTACT NATIONAL SECURITY LAW FIRM

Frequently Asked Questions About Federal Firearm Rights Restoration

Can a person with a felony conviction restore federal firearm rights?

Potentially. An individual with a felony conviction may apply under § 925(c), but the likelihood of relief depends on the offense, underlying conduct, sentence-completion date, subsequent record, reputation, and any applicable presumption against relief.

Are nonviolent felony convictions eligible?

A person with an older nonviolent felony may be a viable candidate. However, DOJ may examine the actual conduct underlying the conviction rather than relying solely on the offense’s title or legal classification.

How long must I wait after completing my sentence?

Many felony convictions are subject to a five-year presumption against relief. Certain drug-trafficking, domestic-violence, firearm, explosives, threat, school-weapon, and animal-abuse offenses may be subject to a ten-year presumption. Certain violent felonies carry a continuing presumption. The relevant period may run from the last date on which any portion of the sentence was served.

Does completing five or ten years guarantee approval?

No. Expiration of a presumptive period removes that particular presumption, but the applicant must still establish that restoration is consistent with public safety and the public interest.

What does DOJ consider part of my sentence?

The rule broadly includes incarceration, home confinement, probation, parole, supervised or unsupervised release, monetary obligations, education, treatment, programming, community service, movement restrictions, and electronic monitoring.

Can a misdemeanor domestic-violence conviction qualify?

Potentially, but the final rule generally imposes a ten-year presumption against relief. Later arrests, conduct, or firearm disabilities may restart the period or otherwise affect eligibility.

Can an applicant with a violent conviction ever receive relief?

The rule provides for a presumption rather than an absolute prohibition in several categories. However, applicants with covered violent felony convictions must demonstrate extraordinary circumstances and will face a substantially more difficult burden.

Does an expungement automatically restore federal firearm rights?

Not necessarily. The federal effect of an expungement, set-aside, pardon, or restoration order depends on the underlying law, the rights restored, and whether the relief continues to restrict firearm possession.

Do I need criminal-history reports from every state where I have lived?

The final rule generally requires reports from every state in which the applicant lived since age 18 or during the preceding 25 years, whichever period is shorter. Reports are also required from each state in which the applicant was arrested during that period.

Can family members serve as character references?

No. The three required references cannot be related to the applicant by blood or marriage. Each must have known the applicant for at least three years and satisfy the rule’s other requirements.

How much is the federal firearm rights restoration fee?

DOJ has identified a $30 application fee. An applicant may request a reduction or waiver based on indigency.

Will DOJ publish my name if relief is granted?

A grant of relief must be published in the Federal Register together with the reasons for granting it.

Can I possess a firearm while waiting for a decision?

No. An existing firearm prohibition remains in effect unless and until relief is granted or the prohibition is eliminated through another legally effective process.

What happens if my application is incomplete?

DOJ will ordinarily provide notice of the deficiency and allow 30 days to amend and resubmit. Failure to correct the application within that period will result in abandonment.

Can I apply again after a denial?

Possibly, but the final rule creates presumptions against certain subsequent applications. A denial based on a continuing presumptive category may affect future applications indefinitely, while other denials may trigger a five-year presumption.

Can I challenge a denial in federal court?

Section 925(c) provides for judicial review of a formal denial in the appropriate United States district court. Whether litigation is advisable depends on the basis for denial, the administrative record, and the evidence available.