Important Update on Proposed Federal Firearm Rights Restoration Process

(July 2025)

The U.S. Department of Justice (DOJ) recently published a Notice of Proposed Rulemaking (NPRM) to implement a federal procedure allowing individuals to petition for relief from federal firearm disabilities under 18 U.S.C. § 925(c). This relief process, originally created by Congress, has effectively been unavailable since 1992, when Congress ceased funding for ATF to process these relief petitions.

Key Points About the Proposed Rule: 

  • Status: This procedure is currently proposed only—it has not yet taken effect and is subject to public comment and further review before finalization.
  • Impact on Previous Actions: If you have already obtained firearm rights restoration at the state level, this proposed rule does not change or invalidate that prior restoration. It simply creates an additional federal avenue for relief that was not previously accessible.
  • Who Should Pay Attention:
    • Individuals with federal felony convictions who have not previously had an avenue to restore their firearm rights at the federal level should closely follow these developments.
    • Individuals who have received state firearm rights restoration but still have concerns about their status under federal law should also carefully review this proposed federal relief option.

Brief Historical Context: 

Historically, federal law allowed individuals with federal firearm prohibitions to apply for federal firearm rights restoration through the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF). However, since 1992, Congress consistently prohibited ATF from using federal funds to process these applications, effectively closing this pathway. The DOJ’s current proposed rule would reopen this federal restoration process through the Office of the Attorney General.

Proposed Procedure for  Federal Firearm Rights Restoration Under 18 U.S.C. § 925(c).:

Under the proposed rule, applicants seeking relief from federal firearm disabilities must submit a detailed application directly to the Office of the Attorney General. The application would require significant documentation, including:

  • Comprehensive criminal background records. 
  • Court-certified documents related to convictions.
  • Fingerprints (using FBI Forms FD-258 or equivalent).
  • Affidavits from three personal references attesting to good character and lawful conduct.
  • Affirmations by the applicant regarding their conduct, substance use, and mental health.
  • Notification to local law enforcement, which will have the opportunity to provide additional input and information on the applicant.

The application process would include an associated fee (initially proposed at approximately $20), intended to offset government processing costs, although waivers would be available for indigent applicants.

Proposed Standards and Burden of Proof: 

Applicants bear the burden of demonstrating  to the satisfaction of the Attorney General that:

  • They are not likely to act in a manner dangerous to public safety.
  • Granting relief would not be contrary to the public interest.

In making this determination, the Attorney General would consider:

  • The nature and seriousness of prior criminal offenses.
  • Conduct since completion of any criminal sentence.
  • Substance abuse history and mental health status.
  • Any arrests, restraining orders, or threats of violence, even if they did not result in charges.
  • Feedback from local law enforcement and community reputation.
  • Individual considerations relevant to protecting constitutional rights under the Second Amendment.

Proposed Restrictions for  Federal Firearm Rights Restoration:

Certain individuals would be presumptively disqualified from relief unless extraordinary circumstances are shown. These include individuals:

  • Convicted of violent felonies, sexual offenses, human trafficking, domestic violence, burglary, robbery, and other serious crimes.
  • Required to register as sex offenders under state or federal law.
  • Convicted of drug trafficking or misdemeanor domestic violence within the last 10 years.
  • Convicted of any felony within the last 5 years.
  • Currently incarcerated or under supervision (probation, parole, supervised release).
  • Subject to other specific federal prohibitions, such as fugitives, unlawful drug users, individuals unlawfully present in the U.S., or those subject to restraining orders.

Additionally, federal firearm rights restoration relief granted under this federal process applies only to federal firearm disabilities and does not override any state-level prohibitions.

When Will This Proposed Rule Take Effect? 

Currently, the proposed rule is in the public comment stage. Following the public comment period, the DOJ will review feedback and potentially make modifications before publishing a final rule. While the specific timeline can vary, the process typically takes several months after the close of the comment period. Once finalized, the DOJ will announce an effective date for the rule, at which point individuals may begin submitting applications for federal firearm rights restoration.

What This Means for You: 

If you or someone you know has a federal firearm prohibition, particularly from a federal felony conviction, this new rule (if finalized) could present an opportunity to restore federal firearm rights.

We will be tracking developments around this proposed rule. To receive timely updates, explanations, and further analysis of what this means for your firearm rights, please sign up for our periodic newsletter.

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Posted in Firearm Rights