Gun Rights
Federal Gun Rights Restoration After a Felony: Can a Felon Apply Under § 925(c)?
“Can a felon get gun rights back?” is no longer answered only by looking at pardons and state restoration procedures. The renewed federal § 925(c) process creates an additional route for people whose firearm disability arises under federal law.
Direct answerYes. DOJ states that a person federally prohibited because of a felony conviction under 18 U.S.C. § 922(g)(1) may apply for Federal Firearm Rights Restoration. But the ability to submit an application is not the same as being likely to receive relief. The conviction, underlying conduct, sentence-completion date, later record and any separate state prohibition all matter.
Why a felony creates a federal firearm disability
Section 922(g)(1) generally prohibits a person convicted of a crime punishable by imprisonment for a term exceeding one year from possessing, receiving, shipping, or transporting firearms or ammunition, subject to statutory definitions and exceptions. The exact maximum punishment matters more than the label a state may place on an offense.
Federal law also contains rules in 18 U.S.C. § 921(a)(20) addressing how certain convictions, pardons, qualifying state relief, and restorations of civil rights are treated. Those rules are fact-specific and should be reviewed separately from the new DOJ application process.
The new federal application route
Under 18 U.S.C. § 925(c), an applicant asks the Attorney General for relief from federal firearm disabilities. DOJ’s new rule says any person currently federally prohibited under § 922(g) may apply. The department then evaluates the circumstances of the disability, the applicant’s record and reputation, public safety, and the public interest.
Why the offense category matters
The DOJ rule looks at conduct, not merely the title of the conviction. Some violent or dangerous felony conduct creates a permanent presumption against relief. Other categories, including specified drug trafficking, threats, explosives, and certain firearm conduct, can create a ten-year presumption. Other felonies generally fall into a five-year presumptive period.
That means two people who both say “I have a felony” can have very different federal restoration analyses.
The five-year rule for many other felonies
For a felony that is not in the permanent or ten-year categories, DOJ states that relief is presumptively denied if, within the past five years, the applicant was convicted of or served any part of the sentence for that felony. A person inside that period may still apply, but generally must demonstrate extraordinary circumstances.
The sentence definition is broad. It includes incarceration, home confinement, probation, parole, supervised or unsupervised release, and periods in which criminal penalties such as monetary obligations, community service, education or treatment remain unsatisfied.
What a strong eligibility review should identify
- The exact statute of conviction and maximum possible punishment.
- The conduct underlying the conviction, not just the offense title.
- The date every component of the sentence was completed.
- Whether restitution, fines or other court-ordered obligations remain.
- Any later arrests, convictions, protective orders or other prohibiting status.
- The law of the state where the applicant currently resides.
What federal relief does and does not do
A grant can remove applicable federal firearm disabilities covered by the decision. It does not erase the underlying conviction, guarantee a firearm purchase, or automatically eliminate state restrictions. DOJ says the FBI will update NICS after a grant and may issue an RPIN, but applicants still need to comply with every applicable state and federal rule.
Frequently asked questions
Yes. DOJ’s current eligibility page lists felons prohibited under 18 U.S.C. § 922(g)(1) among the people who may apply.
No. DOJ uses permanent, ten-year and five-year presumptions depending on the offense conduct, plus current-status and reapplication presumptions.
No. Five years can end a particular presumption, but firearm rights are not automatically restored by the passage of time under the federal program.
Yes. The final rule allows DOJ to consider the facts underlying the offense and not only the statutory label.
Yes. DOJ states that federal relief does not automatically remove an independent state firearm prohibition.
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.
Case review
Want the next question answered for your record?
Send the conviction, jurisdiction, sentence-completion date and goal.
