How to Apply for Federal Firearm Rights Restoration Under § 925(c)— Part I: Overview
Updated: 15 hours ago
For more than 30 years, the promise of 18 U.S.C. § 925(c) sat on the books, unreachable. Millions of Americans with old felony convictions had, in theory, a legal path to get their Second Amendment rights back — and, in practice, no way to actually use it. That has now changed. The Department of Justice has finalized a real, functioning process, and for the first time since the early 1990s, it is possible to apply.
We discussed in a previous blog post the DOJ’s plans to issue Regulations to implement an application process for persons with old felony convictions to regain their Second Amendment rights. With those Regulations now taking effect we explain in this post exactly where things stand, who is eligible, what DOJ will require, and why the preparation you do in the next several weeks may matter more than anything you do after the application window opens.
Current status
On August 17, 2026, DOJ announced a final rule under 18 U.S.C. § 925(c) and new 28 C.F.R. Part 107, transferring authority to restore federal firearm rights from ATF to the DOJ Office of the Pardon Attorney. The online application (OMB Form No. 1123-0017) is still listed as "coming soon," but applications will open to invited candidates on September 25, 2026, to the first 5,000 public applicants on November 4, 2026, and to an additional 500 public applicants on January 4, 2027, when the application fee also takes effect. Individuals who may qualify should begin gathering records now.
A Real Path to Restoring Your Firearm Rights — Finally
For decades, federal law has broadly prohibited individuals convicted of felonies from possessing firearms — regardless of whether the offense was violent or nonviolent. Today, an estimated 19 to 24 million Americans are legally barred from possessing firearms because of prior felony convictions. Many of these individuals have spent decades since their conviction living lawfully, working, raising families, and contributing to their communities, with no legal mechanism to ever regain a right most Americans take for granted.
That has now changed.
The Department of Justice has finalized a new federal rule reviving the long-dormant relief process under 18 U.S.C. § 925(c) — a statute that allows certain individuals to apply for restoration of their federal firearm rights. The rule creates a meaningful, functioning pathway for eligible individuals to seek relief from federal firearm disabilities for the first time in more than 30 years.
The rule is final. Administrative authority has already shifted from ATF to the Office of the Pardon Attorney. What remains is the staged rollout of the application process itself, beginning with invited candidates next month and expanding to the general public shortly after. To choose these initial candidates, the DOJ will not use a lottery; instead, they will screen individuals based on specific eligibility timelines, public safety metrics, and a tiered system of automatic disqualifiers established in their August 2026 Final Rule.
For individuals who may qualify, this is one of the most significant federal developments in firearm rights restoration in a generation — and, we expect, one that will draw enormous demand once the public application windows open.
What Is 18 U.S.C. § 925(c)?
Under federal law, individuals convicted of crimes punishable by more than one year of imprisonment are generally prohibited from possessing firearms under 18 U.S.C. § 922(g).
Section 925(c) provides a mechanism allowing individuals to apply for relief from those federal firearm restrictions. Historically, applicants could petition the Bureau of Alcohol, Tobacco, Firearms and Explosives ("ATF") and demonstrate that restoring their rights would not endanger public safety or be contrary to the public interest.
In practice, however, Congress effectively shut down the process in the early 1990s by prohibiting ATF from using appropriated funds to investigate or process these applications. Although the statute technically remained on the books, the relief mechanism became functionally unavailable.
DOJ's new rule revives that dormant process — not through ATF, but through a new administrative framework housed in the Office of the Pardon Attorney.
Given the number of people affected, DOJ is expecting substantial nationwide interest, particularly among individuals with older, nonviolent convictions who have remained law-abiding and rehabilitated for many years.
Who May Apply, and Who Is Likely to Qualify?
DOJ's rule is broader than a process limited to nonviolent felony convictions. Any individual prohibited under a category of § 922(g) may apply, including those barred because of a felony conviction, fugitive status, unlawful drug use, certain mental-health commitments, certain immigration statuses, a dishonorable discharge, renunciation of citizenship, or a qualifying domestic-violence order or conviction.
Eligibility to apply does not mean an application is likely to be granted. DOJ's rule sets tiered presumptions against relief:
A five-year presumption applies to many otherwise-qualifying felony convictions, measured from completion of every part of the sentence.
A ten-year presumption applies to drug trafficking, firearms-related conduct, threats of violence, and similar categories.
A presumptively permanent bar applies to convictions involving homicide, robbery, burglary, assault, domestic violence, kidnapping, arson, and similar violent conduct, unless the applicant can establish extraordinary circumstances.
DOJ may look at the underlying facts of a conviction, not merely the title of the offense. Potentially favorable factors include:
A Certificate of Relief/Good Conduct
A nonviolent underlying conviction
Completion of all probation, parole, or supervised release obligations
A substantial period without arrests or criminal allegations
Stable employment history
Community involvement and civic participation
Strong character references
Evidence of rehabilitation and personal responsibility since conviction
Relief is not automatic. Applicants must submit extensive documentation concerning their criminal history, rehabilitation efforts, employment background, and conduct since conviction — including state criminal-history records, the original charging instrument and judgment of conviction, proof of sentence completion, and affidavits from three qualified character references.
For a step-by-step breakdown of those requirements, see our Part II Federal Firearm Rights Restoration Application Checklist.
Not sure if you qualify? Contact us now — the public window opens November 4. Schedule a free con
Certain Offenses Will Likely Remain Disqualifying
As noted, convictions involving violence, domestic violence, firearm-related offenses, sexual offenses, repeat criminal conduct, or other serious public safety concerns will likely face substantial — and in some cases presumptively permanent — barriers under the final rule.
State Laws May Also Be Disqualifying
Importantly, even now that federal firearm rights can be restored under 18 U.S.C. § 925(c), state law may still independently prohibit possession of handguns, rifles, or shotguns. New York, for example, maintains some of the strictest firearm restrictions in the country, and restoration of federal rights does not automatically restore firearm eligibility under state law.
That said, New York does provide limited mechanisms that can sometimes restore eligibility in certain cases, including:
A Certificate of Relief from Disabilities; and/or
A Certificate of Good Conduct
Importantly, the certificate must specifically restore firearm rights — not all certificates do. Even then, restoration is highly fact-specific and does not guarantee restoration.
Why Experienced Legal Representation Matters
The § 925(c) process is not a routine online application. Applicants must present highly sensitive and detailed information regarding their criminal history, rehabilitation, employment record, finances, community standing, and post-conviction conduct — and, once the application is started, DOJ currently allows only 30 days to complete and submit it.
In many cases, decades-old court files, sentencing records, certificates, and supporting documentation must be located, analyzed, and organized before an application can even be meaningfully evaluated.
How an applicant presents their history may matter enormously. For many individuals, the underlying conviction tells only part of the story. Military service, family responsibilities, employment history, community involvement, educational achievements, and years of lawful conduct may all become critical components of a persuasive restoration application.
These applications require far more than simply filling out forms. They require strategic legal advocacy, careful preparation, and a sophisticated understanding of how federal agencies evaluate issues involving rehabilitation, public safety, and credibility.
Our firm regularly handles complex criminal defense, post-conviction matters, and issues involving federal procedure, mitigation presentation, and regulatory analysis. We are closely monitoring theFederal Firearm Rights Restoration (“FFRR”) rollout and are available now to assist qualified clients preparing to apply.
In appropriate cases, our office may assist clients by:
Evaluating eligibility under both federal and, if relevant, New York law
Obtaining and analyzing possibly decades-old court and sentencing records
Identifying potential disqualifying issues before filing
Preparing mitigation and rehabilitation materials
Organizing supporting documentation and character references
Developing comprehensive and persuasive application packages
Guiding clients strategically through what is expected to be a highly selective review process
As public attention surrounding the final rule continues to grow, we anticipate a substantial backlog once public applications open in November. Individuals who begin preparing early may place themselves in a significantly stronger position than those attempting to navigate the process later and without counsel.
Frequently Asked Questions
Is the application open right now? No, not to the general public. Invited candidates may apply starting September 25, 2026. The first public window — limited to 5,000 applicants — opens November 4, 2026. A second window for 500 more applicants opens January 4, 2027, at which point the $30 application fee also takes effect.
Do I need a lawyer to apply? DOJ does not require an attorney. But this is a document-intensive, fact-intensive process with a hard 30-day clock once you start the electronic application, tiered presumptions that can be difficult to interpret correctly, and a genuine risk that a poorly prepared application creates problems for any future attempt. Given what's at stake, most applicants are well served by experienced counsel.
What if my application is denied? You may seek judicial review in the U.S. district court where you reside, and in some circumstances you may reapply. A denial can, however, trigger an additional waiting period or provide the government to cite a new presumptive disqualifier (like violence, terrorism, racketeering or certain drug trafficking offenses), which is one more reason to get the first application right.
How long does the review take? DOJ has not published fixed processing times, and given the volume of anticipated applications once public intake opens, a meaningful backlog is likely. Applicants who prepare complete, well-documented applications before the queue builds will generally fare better than those who wait.
Considering a Federal Firearm-Rights Restoration Application?
Levitt & Kaizer is tracking the DOJ's now-final 18 U.S.C. § 925(c) process and can help evaluate eligibility, state-law barriers, and the records needed to prepare — before the application window opens.
Nicholas Kaizer, Richard Levitt, and Zachary Segal, Levitt & Kaizer
Contact Nicholas Kaizer at (212) 480-4000 or at nkaizer@landklaw.com.
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