Federal Firearm Rights Restoration Lawyer

Federal Firearm Rights Restoration Topics

Federal vs. State Firearm Prohibitions	Federal Relief Under § 925(c)
Who May Apply	Federal Felony Convictions
Domestic Violence Misdemeanors	Waiting Periods & Presumptions
What DOJ Considers	Required Documents
How Our Lawyers Can Help	Federal vs. State Restoration

Our attorneys handle federal firearm rights restoration applications nationwide before the U.S. Department of Justice.

Is Your Firearm Prohibition Federal or State?

One of the first questions in a firearm rights restoration case is whether the person is prohibited from possessing firearms under federal law, state law, or both. These are separate legal systems, and restoring rights under one system does not necessarily remove a prohibition imposed by the other.

A state felony conviction can create both a state firearm prohibition and a federal firearm prohibition. A federal felony conviction can also result in separate federal and state restrictions depending on the law of the state where the person lives. Certain misdemeanor convictions, protective orders, mental health adjudications, and other circumstances can also create federal firearm restrictions even when the person does not have a felony conviction.

This distinction matters because the proper remedy depends on the source of the prohibition. Some individuals may need relief under state law. Others may need federal relief through the U.S. Department of Justice under 18 U.S.C. § 925(c). Some cases require both federal and state firearm disabilities to be addressed before firearm possession becomes lawful.

Our attorneys also handle Virginia Firearm Rights Restoration proceedings when a separate Virginia firearm prohibition must be addressed.

Federal Firearm Rights Restoration Under 18 U.S.C. § 925(c)

Federal law has long authorized a person prohibited from possessing, receiving, shipping, or transporting firearms or ammunition to apply to the Attorney General for relief from certain federal firearm disabilities. The authority is found in 18 U.S.C. § 925(c). For more than three decades, however, there was generally no functioning administrative process for individual applicants to obtain this relief. The U.S. Department of Justice, through the Office of the Pardon Attorney, has now established a new Federal Firearm Rights Restoration program and adopted regulations governing how applications will be submitted, investigated, and decided. The Attorney General may grant relief when satisfied 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. August 2026 Update: The final federal firearm rights restoration rule was published in August 2026. DOJ is launching the application process in stages. Applications are scheduled to open to invited candidates on September 25, 2026, and to the first 5,000 public applicants on November 4, 2026. Additional public applications are scheduled to begin January 4, 2027. The online application form has not yet been released. Our attorneys can evaluate potential applicants and begin reviewing the records and information that may be required for a federal firearm rights restoration application.

Who May Apply for Federal Firearm Rights Restoration?

DOJ states that individuals who are currently prohibited under one or more categories of 18 U.S.C. § 922(g) may apply for Federal Firearm Rights Restoration. The fact that someone may submit an application does not mean that DOJ will grant relief. The final rule contains several presumptions against relief, and every application remains subject to an individualized public-safety and public-interest review.

The federal prohibitions covered by § 922(g) include:

• qualifying felony convictions;
• fugitive status;
• unlawful use of or addiction to certain controlled substances;
• certain mental health commitments or adjudications;
• certain immigration or alien statuses;
• dishonorable discharge from the Armed Forces;
• renunciation of United States citizenship;
• certain domestic violence protective or restraining orders; and
• misdemeanor crimes of domestic violence.

Some of these prohibitions arise from old convictions, while others depend upon a person’s current status. In many current-status cases, resolving the underlying condition may be more appropriate than seeking § 925(c) relief. The final rule also makes certain current statuses presumptively disqualifying absent extraordinary circumstances.

Federal Felony Convictions and Firearm Rights Restoration

An old federal felony conviction is one of the most significant situations addressed by the new federal restoration process. A state court generally cannot eliminate a federal firearm disability that results from a federal conviction. For many years, this left individuals with old federal convictions with few practical options other than seeking a presidential pardon.

The new § 925(c) process creates a separate administrative avenue through the Department of Justice. A person whose federal felony conviction continues to prohibit firearm possession may now be able to seek federal firearm rights restoration through this process.

Eligibility and the strength of an application depend on much more than the age of the conviction. DOJ may examine the nature of the underlying conduct, the sentence imposed, the applicant’s conduct while incarcerated or under supervision, the amount of time since completion of the sentence, subsequent arrests or convictions, and the applicant’s overall record and reputation.

The final rule also treats different felony convictions differently. Certain serious or violent felony conduct creates a continuing presumption against relief. Certain drug, firearm, explosive, threat-related, and other offenses generally carry a 10-year presumption. Other felonies generally carry a five-year presumption.

As a result, a decades-old nonviolent federal felony may present very differently from a recent conviction or a conviction involving violence. Each conviction and the underlying facts should be reviewed individually before an application is submitted.

Misdemeanor Domestic Violence Convictions and Federal Firearm Rights

A person does not need a felony conviction to lose firearm rights under federal law. Under 18 U.S.C. § 922(g)(9), a qualifying misdemeanor crime of domestic violence can create a federal firearm prohibition.

This issue frequently causes confusion because the underlying conviction may have occurred entirely in a state court. The conviction may be classified as a misdemeanor under state law, yet federal law independently determines whether it qualifies as a misdemeanor crime of domestic violence for purposes of the federal firearm prohibition.

Not every misdemeanor involving a family or household member necessarily qualifies. The federal definition, the elements of the offense, the relationship between the parties, the defendant’s right to counsel and jury-trial protections, the disposition of the case, and any later pardon, set-aside, expungement, or restoration may matter.

For individuals who remain prohibited under § 922(g)(9), the new federal restoration program may provide a potential avenue for relief. The DOJ final rule generally creates a 10-year presumption against relief when the applicant was convicted of or served any part of a sentence for a misdemeanor crime of domestic violence within the preceding 10 years. Certain later arrests, convictions, or additional federal prohibitions can restart that 10-year period.

Because the federal definition is technical, the first step should be determining whether the misdemeanor conviction actually creates a current federal firearm disability and which restoration procedure is appropriate.

Other Federal Firearm Prohibitions That May Qualify for Relief

The new federal program is not limited to felony convictions and misdemeanor crimes of domestic violence. DOJ states that individuals currently prohibited under other categories of 18 U.S.C. § 922(g) may also seek federal firearm rights restoration.

Other potential applicants can include individuals affected by certain mental health adjudications or commitments, dishonorable military discharges, renunciation of citizenship, and other federal firearm disabilities. However, the practical availability of relief varies significantly by category.

For example, a person currently prohibited because of fugitive status, certain immigration status, a qualifying protective order, or ongoing unlawful controlled-substance use may be subject to a current-status presumption against relief. DOJ may consider whether the underlying status can otherwise be resolved.

Mental health cases have additional requirements. When a state, territory, or federal agency provides an available relief-from-disability program, the final rule generally requires the applicant to pursue that remedy first. These cases can therefore require careful analysis of both the applicable state relief procedure and federal law.

Waiting Periods and Presumptions Under the DOJ Restoration Process

The final rule does not use a single waiting period for every applicant. Instead, DOJ has created categories of presumptive disqualification. A person subject to one of these presumptions may still seek relief, but extraordinary circumstances may be required to overcome the presumption.

Permanent Presumption Against Relief

Certain felony conduct creates a continuing presumption against relief regardless of how much time has passed. This category includes felony conduct involving such matters as death, rape or sexual assault, human trafficking, kidnapping, domestic violence, burglary, robbery, extortion, carjacking, arson, certain racketeering or gang offenses, maiming, assault or battery, stalking, terrorism, and witness tampering. It also includes certain felonies in which a firearm was brandished or discharged or an explosive was used.

The term “permanent” describes the presumption, not an absolute statutory bar. The rule allows an applicant to attempt to establish extraordinary circumstances sufficient to overcome the presumption.

10-Year Presumption Against Relief

A 10-year presumption generally applies to certain felony conduct involving drug trafficking, threats of violence, explosives, specified firearm or ammunition offenses, weapons on school property, and animal abuse. It also applies to misdemeanor crimes of domestic violence under the circumstances specified by the final rule.

5-Year Presumption Against Relief

A five-year presumption generally applies to other qualifying felony convictions that are not included in the permanent or 10-year categories. A five-year presumption can also apply to certain misdemeanor assault, battery, stalking, or threatened-violence offenses.

Current Status and Other Presumptions

Separate presumptions apply to certain applicants who are currently serving a sentence, awaiting sentencing, participating in certain diversion programs, fugitives, subject to certain protective orders, within certain immigration categories, or otherwise within the current-status provisions of the rule.

DOJ may examine the actual conduct underlying an offense rather than relying only on the title or statutory elements of the conviction. An applicant should therefore not assume that a particular waiting period applies simply because of the name of the offense.

What Does DOJ Consider When Deciding Whether to Restore Federal Firearm Rights?

A § 925(c) application is not decided solely by comparing the applicant’s conviction date with a waiting period. The Attorney General must determine whether the applicant is likely to act in a manner dangerous to public safety and whether restoration would be contrary to the public interest.

The final rule allows DOJ to consider a broad range of information, including:

• the applicant’s criminal history;
• the seriousness of the conduct underlying prior convictions;
• conduct underlying charges dismissed as part of a plea agreement;
• the applicant’s behavior while incarcerated, on probation, parole, or supervised release;
• the amount of time that has passed since completion of the sentence;
• the applicant’s conduct during that period;
• past or present controlled-substance issues;
• restraining or protective orders;
• threats or threatening behavior;
• relevant mental health information;
• information received from local law enforcement; and
• other individual circumstances relevant to public safety and the public interest.

This broad review is one reason two applicants with convictions under the same statute can have very different restoration cases. A thorough application should identify potentially unfavorable information in advance and present an accurate and complete history rather than focusing only on favorable facts.

Documents Required for a Federal Firearm Rights Restoration Application

DOJ requires substantial supporting documentation. The precise records depend upon the reason for the federal firearm prohibition and the applicant’s history.

Felony Conviction Records

For a state or federal felony conviction, DOJ generally requires the charging document, judgment of conviction, and an official record showing when the applicant completed the final requirement of the sentence. Depending on the case, the applicant may also need the plea agreement, factual basis for the plea, presentence report, and other sentencing records.

Misdemeanor Domestic Violence Records

For a misdemeanor crime of domestic violence, DOJ may require the charging document, investigative reports, documentation of the relationship between the applicant and alleged victim, judgment, and records showing completion of the sentence. Other records concerning later restoration, expungement, pardon, or domestic violence incidents may also be required.

Criminal History Records

Applicants generally must provide state criminal-history records covering the previous 25 years or the period since age 18, whichever is shorter, for places where they have lived and places where they have been arrested. Foreign criminal and law-enforcement records may also be required when applicable.

Military and Other Specialized Records

Military service records can be required for applicants who served during the relevant period, even when military service did not cause the firearm prohibition. Additional records may be required for court-martial convictions, dishonorable discharges, mental health disabilities, renunciation of citizenship, and other specialized circumstances.

Three Character References

The application requires three character references. DOJ requires each reference to have known the applicant for at least three years, not be related to the applicant by blood or marriage, and not be prohibited from possessing firearms under 18 U.S.C. § 922(g). References must provide information concerning the applicant’s character, history, reputation, and potential risk to public safety.

Electronic Fingerprints

DOJ requires electronic fingerprints through its designated United States Postal Service process. Fingerprints obtained through other providers will not be accepted. After the federal application is submitted, the applicant receives the information needed to complete electronic fingerprinting at a participating USPS location.

Unavailable Court Records

Old cases can present record problems. The final rule permits an applicant to address a required record that is unavailable for reasons outside the applicant’s control by submitting a sworn statement describing the contents of the missing record and the efforts made to obtain it.

Why Your First § 925(c) Application Matters

Applicants should take the initial filing seriously. DOJ’s review reaches beyond the conviction that originally caused the firearm disability and can include the applicant’s broader criminal, personal, and behavioral history.

Once an applicant initiates the electronic application, DOJ currently provides 30 days to complete and submit it. If the application is not completed within that period, the applicant must start the application process over. DOJ therefore encourages applicants to collect the required records before beginning the electronic application.

If an application is incomplete, DOJ may provide an opportunity to correct the deficiency. Failure to provide the required information can cause the application to be closed or abandoned.

A substantive denial can have greater consequences. Depending on the reason for the denial, the applicant may remain subject to the original permanent, 10-year, five-year, or current-status presumption. In other situations, a denial can create a new five-year presumption against a later application absent extraordinary circumstances.

For that reason, the objective should not simply be to submit an application as quickly as possible. The objective should be to identify the applicable federal disability, collect the necessary records, understand the presumptions that apply, identify potential problems, and present a complete and accurate application the first time.

How Our Federal Firearm Rights Restoration Lawyers Can Help

A federal firearm rights restoration application requires a careful review of the applicant’s complete legal history and the specific federal prohibition that prevents firearm possession. Our attorneys can determine whether federal relief under 18 U.S.C. § 925(c) is the appropriate remedy and whether a separate state firearm rights issue may also need to be addressed.

Our representation can include reviewing the underlying conviction or other federal firearm disability, identifying applicable DOJ presumptions, obtaining and analyzing historical court and sentencing records, reviewing criminal history information, addressing missing records, preparing supporting application materials, and helping organize evidence relevant to rehabilitation, public safety, and the public interest.

Because DOJ may consider information beyond the conviction that originally caused the firearm prohibition, careful preparation includes identifying potentially unfavorable information before the application is submitted and ensuring that the applicant’s statements and supporting records present a complete and accurate history.

Federal firearm rights restoration is a federal administrative proceeding and is not limited to applicants who live in the state where their attorney is licensed. Under 5 U.S.C. § 500(b), an attorney who is a member in good standing of the bar of the highest court of a state may represent a person before a federal agency upon filing the required declaration of qualification and authorization.

What Happens if DOJ Denies a Federal Firearm Rights Restoration Application?

If DOJ denies a completed application, the applicant should first determine the precise reason for the denial. The reason affects both the timing of any future application and whether an additional presumptive disqualifier applies.

A denial based on a permanent presumptive disqualifier generally continues unless extraordinary circumstances can be established. A denial based on a time-limited presumption may require the applicant to wait until that period expires. Certain other denials can result in a new five-year presumption against relief.

Federal law also provides a judicial-review procedure. Under 18 U.S.C. § 925(c), a person whose application is denied by the Attorney General may seek judicial review in the United States District Court for the district in which the applicant resides.

Federal-court judicial review is a separate proceeding from representation during the DOJ administrative application. Federal court admission requirements and federal litigation procedures apply if a denied applicant pursues judicial review.

Federal Firearm Rights Restoration vs. State Firearm Rights Restoration

Federal and state firearm rights restoration are separate matters. The correct analysis begins by identifying every law that currently prohibits the person from possessing a firearm.

Issue	State Restoration	Federal Restoration
Source of disability	Applicable state law	Federal law
Primary authority	Varies by state	18 U.S.C. §§ 922(g) and 925(c)
Decision maker	State court or agency, depending on state law	U.S. Attorney General / Department of Justice
Basic procedure	Varies by state	Federal administrative application
Effect of relief	Addresses applicable state firearm disability	Addresses applicable federal firearm disability

Federal relief under § 925(c) does not automatically remove an independent firearm prohibition imposed by state law. Likewise, state relief does not necessarily eliminate every federal firearm disability. An applicant may therefore need federal relief, state relief, or both before lawful firearm possession becomes possible.

Our attorneys also handle Virginia firearm rights restoration matters when a separate Virginia firearm prohibition must be addressed.

For a broader explanation of Virginia eligibility and the state restoration process, see our Virginia Firearm Rights Restoration Guide.

Federal Firearm Rights Restoration Frequently Asked Questions

Can a person with a federal felony conviction ever get firearm rights restored?

Potentially. The new federal process under 18 U.S.C. § 925(c) allows a person who remains federally prohibited because of a qualifying federal felony conviction to seek relief through the Department of Justice. Whether relief is granted depends on the nature of the conviction, applicable presumptions, the applicant’s subsequent history, public-safety considerations, and other individual circumstances.

Does the felony conviction have to be federal to use the § 925(c) process?

No. DOJ states that a person currently prohibited under 18 U.S.C. § 922(g)(1) may seek relief, which can include qualifying state or federal felony convictions. For a state conviction, however, state restoration, pardon, expungement, or other state-law relief may sometimes affect the federal disability, so the appropriate remedy should be evaluated first.

Can a misdemeanor domestic violence conviction cause a federal firearm prohibition?

Yes. A qualifying misdemeanor crime of domestic violence can create a federal firearm prohibition under 18 U.S.C. § 922(g)(9). Whether a particular conviction qualifies depends on the federal definition and the facts and disposition of the case.

Can Riley & Wells represent federal firearm rights restoration applicants nationwide?

Yes. Federal firearm rights restoration under 18 U.S.C. § 925(c) is a federal administrative process. Under 5 U.S.C. § 500(b), an attorney who is a member in good standing of the highest court of a state may represent a person before a federal agency upon satisfying the applicable representation requirements. Our attorneys handle federal firearm rights restoration applications nationwide before the Department of Justice.

How long do I have to wait before seeking federal firearm rights restoration?

There is no single waiting period for every applicant. The final rule contains permanent, 10-year, five-year, current-status, and reapplication presumptions. The applicable period depends on the conviction, underlying conduct, sentence, current status, and other history. Some presumptions may be overcome by extraordinary circumstances.

What documents are required for a § 925(c) application?

The required records depend on the source of the firearm disability. They can include charging documents, judgments, plea agreements, factual bases, presentence reports, proof of sentence completion, criminal-history records, military or mental health records when applicable, electronic fingerprints, and three qualifying character references. DOJ may also request additional information during its investigation.

How can a federal firearm rights restoration lawyer help with my application?

A federal firearm rights restoration lawyer can determine the source of the firearm prohibition, review the underlying convictions and criminal history, identify applicable DOJ presumptions, obtain and analyze required records, address potential problems before filing, and prepare supporting materials for a complete § 925(c) application.

What happens if DOJ denies my firearm rights restoration application?

The consequences depend on the reason for the denial. Some applicants may need to wait until an existing time-limited presumption expires, while certain other denials can create a new five-year presumption against relief. A person whose application is denied may also seek judicial review in the United States District Court for the district in which the applicant resides.

Does federal firearm rights restoration automatically restore state firearm rights?

No. Federal relief does not automatically remove an independent firearm disability imposed by state law. An applicant may therefore need separate state-law relief even after federal firearm rights are restored. A separate Virginia firearm rights restoration proceeding may be necessary when a Virginia prohibition remains in effect.

Request a Confidential Federal Firearm Rights Restoration Case Review

Federal firearm rights cases can involve several overlapping questions: why firearm rights were lost, whether the prohibition remains in effect today, whether the disability arises under federal law, state law, or both, and whether the applicant is subject to a DOJ presumption against relief. Our attorneys represent qualifying applicants and can review the underlying conviction or other firearm disability, identify the applicable restoration procedure, and evaluate whether a federal firearm rights restoration application under 18 U.S.C. § 925(c) may be appropriate. Because older cases can require substantial court, criminal-history, sentencing, and other records, early review can help identify what documentation will be needed to prepare the federal application. Request a Confidential Case Review

8/22/2026