Federal Firearm Rights Restoration Attorneys

The public application window opens November 4, 2026, and the first round is capped at 5,000 people, first come, first served. Once you open an application, you have 30 days to complete it. An incomplete file means starting over at the back of the line. We prepare § 925(c) applications for people who cannot afford to lose that window.

New York resident? A federal grant does not restore your rights here. See Restoring Firearm Rights in New York.

How Does Federal Firearm Rights Restoration Work?

What the Attorney General Has to Decide About You

Relief under 18 U.S.C. § 925(c) is discretionary. The Attorney General has to be satisfied of two things: that you are not likely to act in a manner dangerous to public safety, and that granting relief is in the public interest. That is the entire statutory standard. Everything in the Department's final rule at 28 C.F.R. Part 107 is the government's method for answering those two questions about one specific person.

The rule runs on presumptions tied to the offense and the time since you finished your sentence. Most felonies carry a five year presumption. Drug trafficking and firearms offenses carry ten. Crimes of violence are presumptively disqualifying on a permanent basis, and that presumption breaks only on extraordinary circumstances. Registered sex offenders and anyone the government reads as an ongoing danger fall into the same category.

Clearing a presumption is not the same as winning. The Office of the Pardon Attorney reviews a file built from your criminal history in every jurisdiction that has one, the charging documents and judgment in the disabling case, proof that you completed your sentence, and three sworn character references. The file also includes what the regulations call the applicant's substantive presentation. That is your actual argument. It is the only part of the application that gets written rather than collected, and it is usually where the case is won or lost. Our overview of who may qualify walks through the eligibility framework in more detail.

Two things catch people off guard. A federal grant does not reach state law. And a pardon or expungement does not automatically accomplish what § 925(c) does. Consider someone convicted of a non-violent federal offense in 1996 who received a state pardon in 2009, bought a rifle without incident for years, then got flagged on a NICS check after a dealer reran the background search. Nothing about his situation changed. The pardon simply never removed the federal disability, and he had no reason to know that.

What a Grant Does Not Do in New York

New York restricts firearm possession under its own statutes and runs its own licensing process. Federal relief removes the federal disability and nothing else. A New York resident who wins a § 925(c) grant still has to contend with state law and still has to satisfy a licensing officer. Anyone who tells you the federal grant settles the question in New York is selling you something. We cover this in depth on our page for New York residents seeking firearm rights restoration, and our post on lawful gun owners crossing into New York explains how unforgiving the state's statutes are.

Other Prohibitors

A felony conviction is the most common reason someone is prohibited, but it is not the only one, and several categories require additional documentation the standard application does not ask for.

Mental health commitments under § 922(g)(4), where the showing turns on the nature of the adjudication and what has happened since
Military convictions and dishonorable discharges, which carry their own records problems because the documents live outside the civilian court system
Misdemeanor domestic violence convictions, a category with its own rules and a harder path
Drug use and controlled substance prohibitors, including the marijuana question, which trips up more applicants than any other single issue
NICS denials, which sometimes reflect an error in the record rather than an actual disability

If one of these applies to you, the application takes more work, not less.

How We Can Help

We handle three kinds of § 925(c) matters:

Full application preparation, from records gathering through submission
Document review for applicants who started on their own and want the file checked before the 30 day clock runs
Assessment for people unsure whether a presumption applies to their conviction

Preparing and Filing the Application

Most of this application is evidence, and most of the evidence is old. Courts lose files. Clerks retire. Records from a 1994 state conviction are not always where they are supposed to be. Our application checklist sets out everything the Department requires.

Pulling criminal history records from every jurisdiction that has one
Obtaining the indictment, plea agreement, judgment of conviction, and presentence report in the disabling case
Documenting completion of sentence, including supervised release and any restitution obligation
Identifying which presumption applies to your conviction and what it takes to overcome it
Selecting and preparing character references who actually qualify, since the regulations exclude blood relatives and prohibited persons
Assembling the additional showing required for mental health, military, domestic violence, and non-citizen prohibitors
Drafting the substantive presentation, which is the piece that carries the application
Preparing sworn substitute statements where an original record no longer exists

What to Expect

Case Review.
We look at the conviction that created the disability, the date your sentence ended, and everything since. That tells us which presumption applies and whether an application makes sense in this window or a later one. Some people should wait. We will say so.
Records and References.
We collect the court and criminal history records and work with your references on affidavits that satisfy the regulation. They sign under penalty of perjury, so what those affidavits actually say matters.
The Written Presentation.
We draft the argument for why relief serves the public interest in your case, built on the record we assembled rather than on general statements about rehabilitation.
Filing and Follow Through.
We open the application only once the file is complete, then handle fingerprinting logistics and anything the Pardon Attorney's office comes back with inside the 30 day window.

Why Choose Levitt & Kaizer

Federal practice, not general practice. More than 40 years in the federal courts.
Post-conviction work is our core. Appeals, § 2255 petitions, compassionate release, and now § 925(c).
You work with the attorneys. Richard Levitt and Nicholas Kaizer, not a case manager.
Free consultation. We will tell you if you are not a realistic candidate.

Frequently Asked Questions

Am I eligible if my conviction was more than five years ago?

Maybe. Five years clears the standard presumption for most felonies, but drug trafficking and firearms offenses carry a ten year presumption, and crimes of violence are presumptively permanent. Eligibility also turns on what has happened since, whether a second prohibitor applies, and whether anything in your record reads as ongoing risk. We can usually tell you where you stand from the judgment of conviction and the date your sentence ended.

Does this restore my right to own a gun in New York?

No. A § 925(c) grant removes the federal disability. New York restricts possession under its own law and runs its own licensing process, and both survive the federal grant untouched. For a New York resident, federal relief is a necessary step rather than the finish line. Our page on restoring firearm rights in New York covers what the state side actually requires.

Can my brother be a character reference?

No. The regulations require three references who have known you for at least three years, are not blood relatives, and are not themselves prohibited from possessing firearms. That rules out most of the people applicants think of first. Employers, longtime friends, clergy, and colleagues usually work. The affidavits are sworn under penalty of perjury and ask for real assessments of character and dangerousness, so choosing references is a strategic decision rather than an administrative one.

I was pardoned years ago. Do I still need this?

Possibly. A pardon or expungement lifts the federal firearm disability only if the underlying relief was written to do that, and many are not. People who assumed the matter was closed decades ago find out otherwise at a NICS check. The judgment and the pardon document together will answer it.

What happens if my application is denied?

How long you wait before reapplying depends on why you were denied. A denial tied to a time limited presumption means you can apply again once that period runs. A denial resting on a permanent presumption is a harder problem. Denials based on status can change if the status does. The stated reason controls what comes next, which is one more argument for making the first application complete.

What does this cost?

The government charges $30, and that fee does not begin until the January 2027 window. Waivers are available for economic hardship. Our fee is separate and depends on how much of the record still exists and which prohibitor applies. We quote a flat fee after reviewing the judgment of conviction, so you know the number before you commit.

Talk to Us Before You Open the Application

The 30 day clock starts when you open the application, not when you finish it. The sensible order is to build the file first and open the application second. Call us at (212) 480-4000 or (917) 324-4000 for a free consultation and we will tell you what you are missing.

CONTACT US

📞 Call: Levitt & Kaizer: office (212) 480-4000 cell (917) 324-4000

📍 Office: 40 Fulton Street, Suite 1702, New York, NY 10038-1850

🖥️ Website: www.levittandkaizer.com