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Gun Rights

Who Can Apply for Federal Firearm Rights Restoration?

The renewed federal firearm-rights restoration program has created a question many people have not been able to ask for decades: can I actually apply?

Quick answerDOJ states that individuals federally prohibited under one or more categories of 18 U.S.C. § 922(g) can submit an application, but the rules contain presumptive disqualifiers and waiting periods that can make relief difficult or unavailable without extraordinary circumstances.

Application eligibility is not approval eligibility

The program separates the right to submit an application from the likelihood of receiving relief. That distinction is critical. A person may technically be able to apply while still facing a presumption of denial based on offense type, time since sentence completion or current status.

Felony convictions

Section 922(g)(1) generally covers a person convicted of a crime punishable by imprisonment for more than one year, subject to statutory exceptions. The new relief rule evaluates the underlying offense, the applicant’s later record, reputation and conduct, and public-safety considerations.

Timing can matter

The final rule uses different presumptive periods for certain conduct. Some categories are treated more severely than others. Rather than assuming an old conviction automatically qualifies, applicants should identify the exact statute, maximum punishment, sentence-completion date and any later criminal history.

Other federal prohibitors

The DOJ program also addresses other § 922(g) disabilities. The analysis can be very different depending on whether the issue comes from a conviction, status, restraining order, mental-health adjudication, immigration status or another prohibitor.

Before you apply

Get a complete criminal-history record and compare it to the court records. If the history is wrong, correct it first. Then determine whether another restoration avenue—such as state relief—may affect the federal analysis. Official eligibility information is available at DOJ’s FFRR eligibility page.

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.
Nick Somberg
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Nick Somberg

Somberg Law

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