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DOJ Requires 3 Character References for Gun Rights Restoration: What If You Don’t Have Three?

One of the most personal parts of the new federal firearm-rights restoration process is the requirement for three character references. For some applicants, the rule sounds simple until they realize the references cannot be family members, must have known the applicant for at least three years, must not themselves be federally prohibited from possessing firearms, and must be willing to make specific statements under penalty of perjury.

Quick answerDOJ currently requires three qualified character references. They cannot be related to you by blood or marriage, they must have known you for at least three years, and they cannot currently be prohibited from possessing a firearm under 18 U.S.C. § 922(g). If you genuinely do not have three people who satisfy those rules and can truthfully make DOJ’s required attestations, you should not invent or pressure references. The current published rule does not provide a substitute for the three qualified references.

What does DOJ require from the three character references?

DOJ’s published character-reference guidance says the application asks for each reference’s first and last name, email address, and how the person knows you. The reference must meet all three threshold requirements:

  • not related to you by blood or marriage;
  • known you for at least three years; and
  • not currently prohibited from possessing a firearm under 18 U.S.C. § 922(g).

That is only the beginning. The references are not being asked to write a casual letter saying you are a good person. DOJ says the reference must affirm, under penalty of perjury, a series of facts about your recent conduct, reputation, substance use, mental condition, threats or violence, and public-safety risk.

What exactly is the reference being asked to attest to?

DOJ’s current list asks each reference to affirm, among other things, that the applicant has not committed a significant crime within the last five years, does not unlawfully use or remain addicted to a controlled substance under the program’s definition, does not regularly abuse alcohol or other intoxicants, and is not currently suffering from a mental-health condition that would impair judgment or behavior.

The reference must also be comfortable stating that the applicant is a person of good character and reputation, has not recently attempted or threatened unlawful violence or suicide, and would not pose a danger to themselves, family members, intimate partners, or the public if permitted to possess a firearm.

That is why the best reference is not necessarily the person with the most impressive job title. It is someone who has actually known you long enough and closely enough to answer honestly.

What if I do not have three non-family members in my life?

This can be a real problem, especially for someone who is older, private, self-employed, recently moved, lost friends over the years, or has spent much of life focused on family. The rule does not say the reference has to be your best friend. It says the person must be unrelated by blood or marriage, have known you for at least three years, and satisfy the other qualification requirements.

That means it can be useful to think more broadly about long-term relationships. Depending on the facts, possible references could include a longtime coworker, former supervisor, business associate, neighbor, coach, mentor, member of a civic organization, clergy member, hunting or sports acquaintance, or longtime friend. The person still needs enough real knowledge of your life to make the required sworn statements honestly.

Do not create a relationship just to satisfy the rule. Someone you met six months ago cannot become a qualifying reference simply because they are willing to help. The three-year requirement is explicit.

How should I approach someone about being a character reference?

Ask before putting the person’s name into the federal application. DOJ itself recommends confirming that a reference is willing and able to provide the required information before the applicant submits the reference’s name.

A simple approach is better than overselling the request:

“I am preparing a federal application to restore my firearm rights. DOJ requires three non-family character references who have known me at least three years. The government would email you directly and ask you to answer a federal reference form under penalty of perjury. Would you be comfortable reviewing the questions and deciding whether you can answer them truthfully?”

That wording gives the person room to say no. It also makes clear that this is not a favor where they should say what you want to hear.

How long do I have to know the reference?

At least three years. DOJ’s current character-reference page is explicit on that point. The three years are about the relationship between you and the reference—not how long the person has known about your conviction.

A person who has known you for 15 years but rarely sees you may technically satisfy the time requirement, but whether they can truthfully attest to your recent behavior is a different question. A strong reference should ideally be able to speak credibly about your present life, not just who you were a decade ago.

What if the person does not feel comfortable being “on a list”?

Do not pressure them. DOJ says the reference will receive an email from Criminal Justice Information Services with a link and PIN, and the reference will have the option to complete the form or decline. DOJ also says listed references may be contacted for more information.

The Department’s published guidance does not say that the names of character references are placed on a public character-reference list. It does say that the reference’s identifying and contact information becomes part of the federal application process. You should not promise a reference confidentiality that the government has not promised.

If someone is uncomfortable participating in a federal application, respect that answer and find another qualified person.

What happens if one of my references declines?

DOJ says an applicant can update character references through the application status page if a reference declines to complete the form. Importantly, DOJ says applicants are responsible for checking that status page and should not expect an email telling them that a reference failed to respond.

That makes it smart to have a backup plan. Before filing, identify more than three people who appear to qualify, even though only three references are required. If one person later becomes uncomfortable, unavailable, or realizes they cannot truthfully make the required attestations, you are not starting from zero.

Why does DOJ require three people?

The final rule says the information collected—including the three references—is necessary to evaluate the statutory questions under 18 U.S.C. § 925(c): whether the applicant is likely to act in a manner dangerous to public safety and whether granting relief would be contrary to the public interest.

DOJ does not describe the rule simply as a popularity test. The practical purpose is independent corroboration. Three qualified people provide more than one perspective on the applicant’s current character, reputation, stability, and public-safety risk.

What should I do before starting the 30-day federal application window?

Because DOJ currently gives applicants 30 days after initiating the e-application, character references should be part of your preparation before you click start. Talk to potential references early. Confirm the three-year relationship. Make sure they understand that the federal form contains sworn attestations. Do not wait until the final days of the application window to discover that a reference is unwilling.

If you are still unsure whether the federal process fits your conviction, begin with the Felon Justice Eligibility Review. You can also review the Federal Gun Rights Restoration Application intake, browse gun-rights guides by offense, or read the main gun-rights restoration FAQ.

Frequently asked questions

No. DOJ says a reference cannot be related to the applicant by blood or marriage.

At least three years under DOJ’s current published requirements.

Only if that person is not currently prohibited from possessing a firearm under 18 U.S.C. § 922(g). The applicant should not assume a potential reference is eligible.

DOJ says the applicant can update character references through the application status page if a reference declines.

DOJ says listed references may be contacted for additional information. The references also receive the federal character-reference form electronically.

The current rule requires three qualified references and does not publish a substitute. Do not use family members, newly met acquaintances, or someone who cannot truthfully make the required attestations.

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.
Robert Root
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