Gun Rights
What Crimes Are Permanent Disqualifiers From Federal Firearm Rights Restoration at DOJ?
Some felony histories trigger what the U.S. Department of Justice calls a “permanent presumptive disqualifier” in the Federal Firearm Rights Restoration (FFRR) program. That phrase is important: it is not the same as saying relief is statutorily impossible. DOJ says an applicant in a permanent category will be denied absent extraordinary circumstances, and unlike the five- and ten-year presumptions, the permanent presumption does not expire just because more time passes.
Direct answer
Under DOJ’s current rule, the permanent presumptive-disqualifier category covers felony conduct involving death, rape or sexual assault, human trafficking, kidnapping, intimate-partner or domestic violence, burglary, robbery, extortion, carjacking, arson, certain violent racketeering, gang-related offenses, maiming, assault or battery, stalking, escape or rescue from custody, terrorism, witness tampering, brandishing or discharging a firearm, use of an explosive, and the same or similar conduct. Attempts, solicitation, conspiracy, and aiding or abetting can count too. DOJ can examine the facts underlying the conviction—not only the crime’s title.
Important: DOJ’s term is permanent presumptive disqualifier. It means the presumption does not age out. DOJ’s rule still uses an “extraordinary circumstances” exception, so this article should not be read as saying every person in these categories is legally barred from applying.
What crimes trigger DOJ’s permanent presumptive disqualifier?
DOJ’s August 2026 FFRR guidance says an application will be denied, absent extraordinary circumstances, when the applicant has ever been convicted of committing, attempting, soliciting, conspiring to commit, or aiding or abetting a felony involving any of the following conduct:
- Death of another person
- Rape, sexual abuse, or sexual assault
- Human trafficking
- Kidnapping
- Intimate-partner or domestic violence
- Burglary
- Robbery
- Extortion
- Carjacking
- Arson
- Racketeering when at least one predicate act is violent
- Gang-related offenses
- Maiming, assault, or battery
- Stalking
- Escape or rescue of a person in custody
- Terrorism
- Witness tampering
- Brandishing or discharging a firearm
- Using an explosive
- Acts that are the same as or similar to the conduct above
Read DOJ’s current presumptive-disqualifier guidance ↗
DOJ looks at conduct, not just the name of the conviction
This is one of the most important parts of the 2026 rule. A person cannot safely assume that an offense escapes the permanent category merely because the statute has a generic label. DOJ’s rule says the Attorney General may look at the facts underlying a prior offense and is not limited to the offense name. That makes the charging document, plea agreement, verdict, judgment, presentence material, and other reliable records important when the label and underlying conduct do not tell the same story.
The rule also separately places in the permanent category a crime punishable by more than one year when the person used or fired a gun or used an explosive while committing the crime.
Attempts, conspiracies, solicitation, and aiding can trigger the same presumption
The permanent category is not limited to a completed substantive offense. DOJ expressly includes attempting, soliciting, conspiring to commit, or aiding and abetting the listed conduct. For example, a conspiracy count can require review of the underlying object of the conspiracy rather than simply treating “conspiracy” as one generic offense.
Does “permanent” mean DOJ can never restore the person’s rights?
No—not literally. DOJ says the application will be denied absent extraordinary circumstances. The permanent label means there is no five- or ten-year clock that automatically makes the presumption disappear. The applicant would need to overcome a continuing presumption under DOJ’s individualized public-safety and public-interest review.
DOJ’s rule allows consideration of criminal history, seriousness of the underlying conduct, behavior during incarceration and supervision, time since sentence completion, later conduct, threats or protective orders, controlled-substance history, information from law enforcement, and other relevant individual circumstances. The existence of that review does not guarantee that any particular set of facts will qualify as extraordinary.
Permanent vs. 10-year vs. 5-year DOJ presumptions
| Category | General examples | Time effect |
|---|---|---|
| Permanent | Violent/serious conduct listed above; qualifying gun or explosive use | No time-based expiration; extraordinary circumstances required |
| 10-year | Drug trafficking, threats of violence, explosives, certain firearm/ammunition conduct, weapons on school property, animal abuse, and recent misdemeanor domestic violence | Generally tied to ten years since the relevant conviction/sentence event, subject to the rule’s details |
| 5-year | Other felonies not captured above and certain assault, battery, stalking, or threatened-violence misdemeanors | Generally tied to five years since the relevant conviction/sentence event |
There are also current-status and reapplication presumptive disqualifiers. See our broader DOJ presumptive-disqualifier guide before deciding whether an application is ready.
What if the conviction was pardoned, expunged, or set aside?
DOJ instructs FFRR applicants to disclose prior convictions even when they were later expunged, pardoned, set aside, or similarly amended by a post-conviction event. That does not mean all forms of post-conviction relief have the same legal effect. State relief can independently affect whether a conviction counts under federal law through 18 U.S.C. § 921(a)(20), and a full presidential pardon can affect a federal conviction. The actual order and the remaining firearm restrictions have to be reviewed.
That is also why a state-law route may matter before or alongside FFRR. Start with the Gun Rights by State directory if the conviction was entered in state court.
What happens after a denial based on a permanent presumption?
DOJ’s current FAQ says a person denied based on a permanent presumptive disqualification remains subject to that presumption on reapplication. A denial may also be eligible for judicial review in the United States district court where the applicant resides, but judicial review is separate legal work and should not be confused with the initial administrative application.
Which Felon Justice service fits a permanent-disqualifier issue?
A permanent presumptive-disqualifier issue is usually a reason to identify the problem before filing rather than after a denial.
- Pathway Consultation — $500: up to two hours of attorney consultation to identify whether the record points toward federal relief, state relief, or both. The fee can be credited toward an accepted Premium or Ultimate engagement.
- Premium Federal Restoration — $2,000: best suited to comparatively straightforward federal matters that appear likely to proceed without a presumptive-disqualifier advocacy issue.
- Ultimate Federal Restoration — $5,000: designed for complex records and matters requiring deeper factual development, crafted narratives, supporting evidence, and presumptive-disqualifier strategy.
- State Review Only: case-by-case review for expungement, set-aside, pardon, civil-rights restoration, state firearm-rights restoration, or coordination with counsel in the relevant jurisdiction.
Compare all four services → Can’t Decide? Call (800) 892-1185
Documents to gather before a permanent-disqualifier review
Do not rely on an online docket label alone. Start with the documents DOJ will need to understand the actual conviction and sentence:
- Charging document or indictment
- Plea agreement, verdict, or equivalent disposition
- Judgment and sentencing order
- Proof every sentence requirement has been completed
- Current criminal-history records
- Any pardon, expungement, set-aside, civil-rights restoration, or prior firearm-rights order
- Records that accurately establish the conduct underlying the conviction when the offense label is ambiguous
See the Federal Firearm Rights Restoration Required Documents page for the broader DOJ document checklist.
Frequently asked questions
Is burglary a permanent DOJ gun-rights restoration disqualifier?
Burglary is on DOJ’s current permanent presumptive-disqualifier list. The rule says relief will be denied absent extraordinary circumstances.
Is robbery a permanent presumptive disqualifier?
Yes. Robbery is expressly listed in DOJ’s permanent category, including qualifying attempts, solicitation, conspiracy, and aiding or abetting.
Are assault and battery permanent disqualifiers?
Felony conduct involving maiming, assault, or battery is included in DOJ’s permanent category. The exact conviction and underlying conduct should be reviewed because DOJ may look beyond the offense title.
Is drug trafficking permanently disqualifying?
DOJ generally places drug-trafficking conduct in the ten-year presumptive category rather than the permanent category. Other facts in the same case could create a different or additional presumption.
Can extraordinary circumstances overcome a permanent presumption?
DOJ’s rule leaves that possibility open. A permanent presumption means it does not expire with time; the applicant must show extraordinary circumstances sufficient to overcome it.
Can I still submit an FFRR application if I have a permanent presumptive disqualifier?
DOJ says anyone currently federally prohibited under 18 U.S.C. § 922(g) can apply, but applicants in a permanent category are presumptively denied absent extraordinary circumstances. A case-specific review before filing is especially important.
Does a federal grant automatically restore my state gun rights?
No. DOJ says federal relief does not remove independent state firearm disabilities. Some states give § 925(c) relief state-law effect in particular circumstances, so the law of the conviction state and current residence still matters.
This page provides general legal information and is not authorization to possess, receive, purchase, transport, or use a firearm. Eligibility and restoration depend on the complete record and current federal and state law.
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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