Blog · Weapons Offenses

Recovering Your Gun Rights After a Federal Felony Conviction

· By: Federal Criminal Defense Lawyers

For more than three decades, a federal felony conviction has meant a lifetime ban on possessing a firearm under 18 U.S. Code § 922(g), with almost no realistic path back. That changed last month. On August 17, 2026, the Department of Justice announced a final rule launching the Federal Firearm Rights Restoration (FFRR) program under 18 U.S. Code § 925(c) — the first time in over 30 years that the federal government has reopened a real process for restoring firearm rights lost to a criminal conviction or other disqualifying status.

Table of Contents

The Federal Firearm Ban Under 18 U.S.C. § 922(g)

Federal law prohibits several categories of people from possessing, receiving, or transporting a firearm, including:

  • Felons — 18 U.S. Code § 922(g)(1)
  • Fugitives from justice — 18 U.S. Code § 922(g)(2)
  • Unlawful users of or addicts to a controlled substance — 18 U.S. Code § 922(g)(3)
  • Individuals with certain mental health adjudications or commitments — 18 U.S. Code § 922(g)(4)
  • Certain non-citizens — 18 U.S. Code § 922(g)(5)
  • Individuals dishonorably discharged from the military — 18 U.S. Code § 922(g)(6)
  • Individuals who renounced U.S. citizenship — 18 U.S. Code § 922(g)(7)
  • Individuals subject to certain domestic violence restraining orders — 18 U.S. Code § 922(g)(8)
  • Individuals convicted of a misdemeanor crime of domestic violence — 18 U.S. Code § 922(g)(9)

A knowing violation of § 922(g) is itself a separate federal crime, punishable under 18 U.S. Code § 924(a)(8) by up to 15 years in federal prison.

Why Restoration Has Been Nearly Impossible Until Now

Congress gave the Attorney General authority to restore firearm rights on a case-by-case basis back in 1968, and delegated that authority to the ATF in 1972. But starting in 1992, Congress attached a rider to ATF’s annual appropriations that barred the agency from spending any money to investigate or act on individual applications for relief under § 925(c) — effectively shutting the program down for more than 30 years, no matter how compelling an individual applicant’s case was. In March 2025, DOJ withdrew ATF’s delegated authority altogether and began developing a new, department-run process to finally implement the relief Congress had authorized decades earlier.

What Changed in August 2026

That new process is now real. Under the FFRR final rule, the Department of Justice — through the Office of the Pardon Attorney — will review individual applications for relief from federal firearm disabilities directly, rather than leaving the statute unenforced. The rollout is happening in stages:

  • September 25, 2026 — Applications open to invited candidates
  • November 4, 2026 — Applications open to the public (the first 5,000 candidates)
  • January 4, 2027 — Applications open to 500 more candidates, and the application fee takes effect

Applicants can expect a multi-step process: preparing an application (confirming eligibility, reviewing presumptive disqualifiers, and gathering required documents), submitting the online application along with electronic fingerprints, character references, and a $30 application fee (fee waivers and reductions may be available), and then waiting for DOJ restoration specialists to review the case and issue a decision.

Who Can Apply

Anyone federally prohibited from possessing a firearm under one of the nine categories of 18 U.S. Code § 922(g) listed above may apply for FFRR relief. The program currently covers individual applicants only — DOJ has indicated that a separate process for corporations and other entities is still being developed. Importantly, restoring federal firearm rights through FFRR does not automatically restore state or tribal firearm rights, which may require a separate application to state or local authorities.

Presumptive Disqualifiers

Not every applicant will qualify. DOJ has identified five categories of “presumptive disqualifiers” that will result in a denial unless the applicant can show extraordinary circumstances:

  • Current status — including being incarcerated, awaiting sentencing, a fugitive, an unlawful drug user, in the country unlawfully, subject to a qualifying restraining order, or required to register as a sex offender
  • Permanent disqualifiers — a past conviction involving conduct such as a death, rape or sexual assault, human trafficking, kidnapping, domestic violence, robbery, arson, terrorism, or brandishing or discharging a firearm, among others
  • 10-year disqualifiers — convictions or arrests within the last 10 years involving drug trafficking, threats of violence, explosives, certain firearm offenses, or a misdemeanor crime of domestic violence
  • 5-year disqualifiers — any other felony, or a misdemeanor involving assault, battery, stalking, or a threatened act of violence, within the past 5 years
  • Reapplication disqualifiers — a prior FFRR application that was denied based on a permanent disqualifier, or denied within the last 5 years for certain other reasons

Applicants must disclose every qualifying prior conviction, even ones that were later expunged, pardoned, or set aside.

Other Ways to Restore Your Rights

FFRR is not the only avenue. Depending on your conviction and the jurisdiction involved, other paths may also be available, including a state-level pardon or certificate of rehabilitation, a full federal pardon, or successfully challenging or vacating the underlying conviction itself. Learn more on our Recovering Gun Rights page.

Talk to an Attorney Before You Apply

The presumptive disqualifiers above are detailed and unforgiving, and a poorly prepared application can result in a denial that makes it harder to reapply later. Before you submit anything to the Department of Justice, it is worth having an experienced federal defense attorney review your record, identify which disqualifiers may apply to your case, and help you build the strongest possible application — including the “extraordinary circumstances” showing needed to overcome a disqualifier where one applies.

Consult Our Federal Criminal Defense Lawyers Today

If a prior conviction has cost you your right to own or possess a firearm, contact Federal Criminal Defense Lawyers today to schedule a free, confidential consultation. We can help you understand whether you qualify for Federal Firearm Rights Restoration and what other options may be available to restore your rights.

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