For more than 30 years, the answer to a common question—“Can I ever get my federal gun rights back?”—was, in most cases, no.
Although federal law contained a procedure allowing individuals convicted of felonies to apply for restoration of their firearms rights, Congress stopped funding that process in the early 1990s. As a result, the law remained on the books, but there was no practical way for most people to obtain relief.
That has now changed.
The Department of Justice has begun implementing a new federal firearm rights restoration program under 18 U.S.C. § 925(c), giving many qualified individuals the opportunity to apply to have their federal firearms rights restored for the first time in decades.
If you have completed your sentence, rebuilt your life, and remained a law-abiding citizen, you may now have an avenue to regain rights that previously seemed permanently lost.
What Is the Federal Firearm Rights Restoration Program?
Federal law prohibits most people convicted of a felony from possessing or purchasing firearms. That prohibition is found in 18 U.S.C. § 922(g).
Congress also created a process in 18 U.S.C. § 925(c) allowing individuals to request relief from that federal prohibition. However, because Congress refused to appropriate funding for ATF to process applications, the program was effectively unavailable for over three decades.
Following President Donald Trump’s Executive Order directing the Department of Justice to protect Second Amendment rights, the Department announced that it would once again begin accepting applications for relief under § 925(c).
Instead of the dormant ATF process, the Department of Justice is establishing a new administrative process through the Office of the Pardon Attorney and the Attorney General.
Who May Be Eligible?
Every application is reviewed individually.
Although eligibility depends on each person’s circumstances, applicants generally should be able to demonstrate:
- Completion of all prison, probation, and supervised release requirements.
- A substantial period of law-abiding conduct after conviction.
- Stable employment or financial responsibility.
- Good reputation within the community.
- Rehabilitation and personal responsibility.
- No recent arrests or criminal convictions.
- No evidence that restoring firearm rights would create a danger to public safety.
Meeting these factors does not guarantee approval, but they are the types of information the Department of Justice has indicated will be considered.
What Documents Will You Need?
A successful application is likely to include documentation such as:
- Certified copies of criminal judgments.
- Records showing completion of the sentence.
- Character reference letters.
- Employment history.
- Military service records, if applicable.
- Educational or vocational certificates.
- Evidence of volunteer work or community involvement.
- Any state court order restoring civil rights or firearm rights.
- Any other documents demonstrating rehabilitation and good character.
The stronger the evidence of rehabilitation, the stronger the application.
Does Restoring Your State Gun Rights Also Restore Your Federal Rights?
Not always.
This is one of the most misunderstood areas of firearms law.
Many states have procedures allowing certain convicted felons to regain firearm rights after a waiting period or by court order. In some situations, federal law recognizes those state restorations. In others, it does not.
Whether a state restoration eliminates the federal firearm disability depends on several factors, including:
- The wording of your state’s restoration statute.
- Whether all of your civil rights were restored.
- Whether any restrictions remain under state law.
- The nature of the original conviction.
Because the interaction between state and federal law can be complicated, anyone considering purchasing or possessing a firearm should obtain legal advice before doing so.
What Is the Difference Between a Firearm Restoration and a Presidential Pardon?
These are two separate forms of relief.
A presidential pardon forgives a federal offense as an act of executive clemency. Pardons are handled by the Office of the Pardon Attorney and typically require a lengthy showing of rehabilitation and exemplary conduct.
A firearm rights restoration under 18 U.S.C. § 925(c) is much narrower. It focuses specifically on whether an individual may safely and responsibly possess firearms under federal law.
For many applicants, the restoration process may be a more direct route than seeking a presidential pardon.
How Does the Application Process Work?
The Department of Justice has announced that applications will be submitted through an online portal once implementation is complete.
Applicants should expect the Department to:
- Receive and review the application.
- Verify criminal history and court records.
- Review evidence of rehabilitation.
- Conduct any necessary background investigation.
- Determine whether restoring firearm rights would be contrary to the public interest or create a risk to public safety.
- Issue a written decision approving or denying the request.
Because this is an individualized review, careful preparation of the application can make a significant difference.
Where Can You Find the Official Forms?
The Department of Justice has announced that the official online application system is being developed.
The official information page is available at:
The Office of the Pardon Attorney’s page discussing the program is available at:
https://www.justice.gov/pardon
Historical information regarding the former ATF application process may be found at:
Should You Hire an Attorney?
The law does not require an attorney to file an application.
However, the decision is based upon far more than simply filling out forms. A persuasive application tells the story of rehabilitation through carefully organized records, supporting documentation, character references, employment history, and legal analysis where appropriate.
An experienced attorney can evaluate your eligibility, identify potential legal obstacles, assemble supporting evidence, and present your application in the strongest possible manner.
We Can Help
If you have a prior felony conviction and want to know whether you may qualify to restore your federal firearm rights, our office can evaluate your individual circumstances.
Every case is different. The nature of your conviction, whether your rights have been restored under state law, the amount of time that has passed, and your personal history all affect your eligibility.
We can review your criminal history, explain your options, and help you prepare the strongest application possible under the new federal restoration process.
Disclaimer: This article is intended for general informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every case depends on its own facts and applicable law, and you should consult an attorney before making decisions regarding your firearm rights.