Gun Rights
DOJ Gun Rights Restoration Presumptions: Five-Year, Ten-Year and Permanent Rules
The phrase “presumptive disqualifier” is central to the new federal gun-rights restoration process. It tells applicants how DOJ initially categorizes the risk associated with particular conduct or status before making the individualized § 925(c) determination.
Direct answerDOJ’s new Federal Firearm Rights Restoration rule uses five types of presumptive disqualifiers: current status, permanent, ten-year, five-year, and reapplication. A presumption is not the same as an absolute statutory ban on applying, but DOJ says an application subject to a presumption will be denied unless extraordinary circumstances overcome it.
1. Current-status presumptions
DOJ lists several current conditions that presumptively lead to denial, including awaiting sentencing, incarceration or serving any part of a sentence, certain diversion programs, fugitive status, certain controlled-substance status, certain immigration status, qualifying restraining orders, specified sex-offender registration status, and some unresolved mental-health relief situations.
Some of these presumptions can disappear when the status changes. For example, completing supervision can remove the current-status issue, although a separate time-based presumption may remain.
2. Permanent presumptions
DOJ identifies felony conduct that triggers a presumption without a time limit. Examples include conduct involving death, sexual assault, human trafficking, kidnapping, domestic violence, burglary, robbery, extortion, carjacking, arson, violent racketeering, gang-related offenses, assault or battery, stalking, escape, terrorism, witness tampering, and brandishing or discharging a firearm or using an explosive.
The rule also reaches attempts, solicitation, conspiracy, aiding and abetting, and conduct that is the same as or similar to the listed categories.
3. Ten-year presumptions
A ten-year presumption can apply to specified felony conduct involving drug trafficking, threats of violence, explosives, certain firearm or ammunition offenses, firearms or weapons on school property, and animal abuse. The rule also contains a ten-year framework for misdemeanor crimes of domestic violence.
For these categories, applicants generally need extraordinary circumstances if the relevant conviction or service of sentence falls within the ten-year period.
4. Five-year presumptions
The five-year category covers other felonies not included in the permanent or ten-year groups, plus certain misdemeanor assault, battery, stalking, or threatened acts of violence. For these offenses, DOJ asks whether the applicant was convicted or served any part of the sentence within the past five years.
This is the category that can apply to many nonviolent financial, regulatory, tax, or other felony convictions, assuming the underlying conduct does not place the case in a more serious category.
5. Reapplication presumptions
A prior FFRR denial can itself affect a later application. DOJ’s rule creates reapplication presumptions for certain prior denials, including a five-year presumption in some circumstances. Applicants should therefore think carefully about filing a weak or incomplete application merely to “get in line.”
The underlying conduct controls more than the label
DOJ warns that its lists are not limited to offenses bearing a particular title. The Attorney General may examine the facts underlying a prior offense. A conviction called “fraud,” for example, could involve threats or firearm conduct that changes the presumptive category. Conversely, an offense name should not be treated as proof of conduct that did not actually occur.
A presumption is not automatic permanent denial
The rule allows an applicant to try to overcome a presumption with extraordinary circumstances. The practical burden is substantial because DOJ starts from a presumption of denial. Applicants outside a presumptive period still must satisfy the broader statutory public-safety and public-interest standard.
Frequently asked questions
Five: current status, permanent, ten-year, five-year and reapplication.
No. DOJ says federally prohibited individuals may apply, but a presumption generally results in denial unless extraordinary circumstances overcome it.
Other felonies not included in the permanent or ten-year categories can fall into the five-year group, depending on the actual conduct.
No. DOJ says it may consider the underlying facts and similar conduct.
Yes. The final rule contains reapplication presumptions that can make a later filing harder for a period of time.
Verify before acting. Federal firearm law is highly fact-specific. A restoration application, state-law change, pardon, qualifying restoration order, or completed sentence is not by itself permission to possess or purchase a firearm unless every applicable federal and state prohibition has been removed.
General information only. This article is not legal advice and is not permission to possess, receive, transport or purchase a firearm. Verify the current law and the legal effect of your actual court orders.
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