HOW TO APPLY FOR RESTORATION OF GUN RIGHTS— Part II – Application Checklist
- Richard Levitt
- 6 minutes ago
- 6 min read
We’ve received a huge response to our recent post,
Some of the comments question whether any former felon should be permitted to possess firearms, and my response is: some should and some should not, and the new DOJ regs require submission of detailed information to permit careful vetting of all applicants.
So what exactly is required of applicants? Below is a detailed checklist of what you must provide, based on DOJ’s final rule, 28 C.F.R. Part 107, and the Pardon Attorney’s guidance updated in August–September 2026.
APPLICATION CHECKLIST
Before starting the online application
☐ Identify every federal firearms disability that currently applies to you. The application expressly requires disclosure of all crimes or conduct causing the federal prohibition.
☐ Review the DOJ presumptive disqualifiers before filing. Certain convictions create permanent, 10-year, or 5-year presumptions against relief, although some may be overcome by “extraordinary circumstances.”
☐ Prepare a complete residential history for the last 25 years, or since age 18, whichever period is shorter.
☐ Prepare a complete arrest history for that same period, including arrests occurring outside states where you lived.
1. Criminal-history records
For every state in which you lived during the applicable 25-year/age-18 period, obtain:
☐ An official statewide criminal-history report showing arrests and convictions; or
☐ An official statement showing no record.
Also obtain records from any jurisdiction in which the applicant was arrested during that period. If statewide records are unavailable, DOJ permits records from the relevant local law-enforcement agency.
This may be one of the more cumbersome parts of the application, and we suggest collecting these before opening the electronic application, because DOJ gives the applicant only 30 days after starting to complete it.
2. Documents concerning the disabling felony
For a § 922(g)(1) felony conviction, gather:
☐ Indictment, information, complaint, or other charging instrument.
☐ Judgment of conviction.
☐ Official documentation establishing the date the applicant completed every component of the sentence, including imprisonment, probation/supervised release, restitution, fines/community service where applicable.
☐ Plea agreement, if applicable.
☐ Factual basis/plea allocution materials, if applicable.
☐ Presentence report, if applicable.
DOJ's website somewhat confusingly describes the latter three as documents to provide “as many as you are able,” while the regulation describes them as required “if applicable.” Applicants would therefore make a serious effort to obtain all of them.
If an official document genuinely cannot be obtained, the rule permits a sworn substitute statement describing:
what the missing document contained; and
the efforts made to obtain it and why it is unavailable.
3. Prior attempts at restoration, pardon, expungement, etc.
If you have ever sought a:
☐ Pardon;
☐ Expungement;
☐ Set-aside;
☐ Restoration of civil rights; or
☐ Restoration of firearm rights,
obtain:
☐ The application/petition; and
☐ The decision or order, if one was issued.
4. Three character references
You need three qualified references. Each must:
☐ Not be related to you by blood or marriage.
☐ Have known you for at least three years.
☐ Not themselves be federally prohibited from possessing firearms under § 922(g).
For each reference, you must supply the person's:
☐ First and last name.
☐ Email address.
☐ Description of how the reference knows you.
The references are then contacted electronically by DOJ and must make fairly substantial representations under penalty of perjury, including that the applicant is of good character, does not pose a danger, has not recently engaged in unlawful violence, does not abuse alcohol or intoxicants, and meets several other criteria.
You—or your attorney if you are applying with an attorney’s assistance—should vet the references carefully beforehand. In particular, they should actually know enough about you to make these representations comfortably; this is more than the traditional "I've known John for ten years and he is a good person" character letter.
5. Fingerprints — do NOT obtain these in advance
☐ Start Part One of DOJ's electronic application.
☐ Wait for DOJ to email you the fingerprint QR code.
☐ Take the QR code to a participating USPS fingerprinting Post Office.
☐ Have fingerprints taken electronically and transmitted through the DOJ process.
DOJ specifically warns applicants not to get fingerprinted before receiving the QR code.
6. Information-release authorization
☐ Execute the DOJ authorization allowing release of information concerning your background.
The rule expressly requires this as part of the application.
7. Application fee
☐ $30 non-refundable application fee.
☐ Payment electronically through Pay.gov by ACH, credit/debit card, or PayPal.
There is provision for reduction or waiver, including based on indigency/economic hardship.
There may separately be charges for fingerprints and obtaining criminal-history records.
8. Additional documents for particular kinds of prohibitors
These will not apply to the ordinary felony applicant, but the application has special requirements for:
§ 922(g)(4) mental-health cases
☐ Commitment/adjudication order.
☐ Medical records concerning the underlying diagnosis.
☐ Current certification from a licensed mental-health professional concerning present condition and dangerousness.
☐ Petition underlying the commitment/adjudication, if applicable.
☐ Order restoring competency or rights, if applicable.
Military conviction/dishonorable discharge
☐ DD-214, DD-214-1 and/or DD-215.
☐ DD-458 charge sheet, where applicable.
☐ Court-martial judgment.
☐ Certificate of completion of appellate review. Misdemeanor domestic violence
The final rule calls for particularly extensive records, including:
☐ Charging instrument.
☐ Investigative/police reports.
☐ Description of relationship with the victim.
☐ Judgment.
☐ Proof of sentence completion.
☐ Documents concerning restoration or change in effect of the conviction.
☐ Records concerning subsequent domestic-violence incidents, if any.
Renunciation of citizenship
☐ Formal renunciation documentation.
☐ Applicant's explanation for the renunciation.
Veterans
For military service during the applicable 25-year/age-18 period:
☐ DD-214/214-1/215.
Foreign events
☐ Foreign equivalents of otherwise required records concerning qualifying events occurring outside the United States.
☐ Certified English translations of foreign-language documents.
9. Applicant's substantive presentation
Although this isn't merely a document-gathering requirement, here’s where legal representation is likely to matter most.
The Attorney General's ultimate statutory determination is whether:
the circumstances regarding the disability and the applicant's record and reputation establish that the applicant will not be likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest.
DOJ says it may examine, among other things:
Criminal history and seriousness of the conduct.
Conduct underlying charges dismissed as part of a plea.
Institutional record.
Conduct while on supervision.
Time elapsed since completion of the sentence.
Conduct during that intervening period.
Controlled-substance history.
Protection/restraining orders.
Threats.
Mental-health history.
Local law-enforcement information.
Any other relevant circumstances.
You—or your counsel—would ordinarily prepare supporting materials showing, where applicable:
☐ Stable employment/business history.
☐ Family and community ties.
☐ Charitable/community activity.
☐ Clean post-conviction record.
☐ Compliance on probation/supervised release.
☐ Evidence of rehabilitation.
☐ Professional licenses/responsibilities.
☐ Reasons you seek restoration.
☐ Evidence addressing any particularly unfavorable aspect of the underlying offense.
☐ Evidence specifically addressing any applicable presumptive disqualifier.
Those are not necessarily documents mechanically required by § 107.10, but they go directly to the § 925(c) merits determination.
10. No applicant CLEO notice
The final rule does not require you to notify the local Chief Law Enforcement Officer.
DOJ removed that requirement from the proposal. DOJ itself intends to notify the CLEO for the ZIP Code in which the applicant resides and may solicit information from local law enforcement.
11. Final certifications and follow-up
☐ Finally, you must certify/affirm that your application is truthful and complete and that no additional crimes or reportable conduct have been omitted.
☐ After submission you should monitor the DOJ application-status page.
☐ Make sure all three references submit their forms—DOJ says the applicant will not necessarily receive an email warning that a reference failed to respond.
☐ Respond promptly to requests from DOJ restoration specialists.
☐ If DOJ identifies the application as incomplete, cure it within the 30-day cure period.
One important timing issue
As of September 8, 2026, the general public cannot simply file yet. DOJ's present rollout schedule is:
September 25, 2026: invited applicants;
November 4, 2026: first 5,000 public applicants, first come/first served;
January 4, 2027: another 500 applicants, with the fee mechanism beginning as part of the staged rollout.
That November 4 first-come/first-served window makes advance preparation particularly important. You want to have virtually everything except the fingerprints ready before the portal opens.
As you can see, the application process is lengthy and detailed and must be followed with care. At Levitt & Kaizer we are prepared to assist you every step of the way, to provide you the greatest likelihood of success. Call us if you are seeking representation during the application process.
Richard Levitt
Levitt & Kaizer
(212) 480-4000
Comments