DOJ Finalizes Rule Restoring Federal Firearms Rights for Convicted Individuals

Summary — On August 17, 2026, the Attorney General announced a Final Rule that changes the landscape for restoration of firearms rights. By transferring administrative authority to restore rights from ATF to the Office of the Pardon Attorney – which operates outside the scope of the appropriations restriction – the DOJ has operationalized § 925(c) for the first time in over 30 years. 

The rule establishes a formal application process through which individuals convicted of certain felonies, as well as those subject to other federal firearms prohibitions, may seek restoration of their federal gun rights after five or ten years, depending on the nature of the underlying conviction. Relief is not automatic as applicants must satisfy waiting periods, overcome tiered presumptive disqualifiers, and demonstrate that they do not pose a danger to public safety. The rule does not override state-law firearms restrictions.

Presidential Pardons: The Only Prior Alternative

For over three decades, federal law has included a mechanism – 18 U.S.C. § 925(c) – authorizing the Attorney General to restore firearms rights to individuals prohibited from possessing them under federal law. In practice, however, that mechanism has been entirely unavailable since 1992, when Congress began attaching annual appropriations riders that blocked the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from spending any funds to process restoration applications. The result was a statutory right with no functioning pathway — leaving millions of federally convicted individuals with no administrative means to seek relief, regardless of how much time had passed or how thoroughly they had rehabilitated.   For white collar convictions, with no indicia of violence, there was no meaningful pathway to ownership or possession of a firearm.

During the 30-plus years that the § 925(c) restoration program was inoperative, a presidential pardon was effectively the only route available to federal felons seeking to regain their federal firearms rights. In practice, this pathway was extraordinarily narrow. Between 1993 and 2024, presidents granted less than 200 pardons for federal offenses across all administrations – and only a small fraction of those were sought primarily for firearms restoration purposes. Many administrations granted fewer than two dozen pardons per term. The result was that for the overwhelming majority of the estimated 25 million individuals subject to federal firearms prohibitions, no realistic avenue for relief existed, including those convicted of aged and non-violent felonies.

A presidential pardon also differs fundamentally from § 925(c) relief in scope. A pardon forgives the underlying federal offense itself – it is a broad act of executive clemency that carries political significance and typically requires a showing of exceptional post-conviction conduct over many years. By contrast, § 925(c) relief is narrower and more targeted: it addresses only the firearms disability without disturbing the underlying conviction. For individuals whose primary objective is lawful firearm possession rather than formal forgiveness of the offense, the new FFRR program offers a more direct and accessible path than seeking presidential clemency.

Final Rule at a Glance

• First operational pathway: First operational federal firearms restoration pathway since 1992.
• Capacity: Initial cap of 5,000 applications; an additional 500 at the 120-day mark.
• Fee: $30 application fee, waivable for hardship; no fee during the initial window.
• Five-year waiting period: Applies to nonviolent offenses and runs from completion of ALL sentence components, including restitution.
• Longer presumptive bars: Permanent presumptive bars for violent felonies; 10-year bars for drug trafficking and firearms offenses.
• Federal relief only: The rule does not override state-law firearms restrictions.
• Extraordinary circumstances: A mechanism remains available even for presumptively disqualified applicants.

Background

Section 925(c) authorizes the Attorney General to restore federal firearms rights when an applicant is not likely to endanger public safety and relief is not contrary to the public interest. Congress effectively disabled that process in 1992 by barring ATF from using appropriated funds to process applications. The final rule adopts a DOJ workaround by transferring administration from ATF to the Office of the Pardon Attorney.

Who is Eligible

Anyone prohibited under 18 U.S.C. § 922(g) may seek relief, subject to the rule’s tiered disqualifier framework.

• Permanent tier: Violent felonies—including homicide, rape or sexual assault, kidnapping, robbery, arson, violent racketeering, terrorism, and certain firearm use—carry a permanent presumptive bar. However, relief may still be available through the extraordinary-circumstances mechanism.
• 10-year tier: Drug trafficking and certain firearms- or ammunition-related offenses, along with other listed high-risk conduct, carry a presumptive bar for 10 years. The applicable period is measured under the rule’s sentence-completion provisions.
• Five-year tier: Most other felonies and specified misdemeanors fall into a five-year presumptive bar. The period begins only after completion of ALL sentence components, including restitution, fines, supervision, treatment, community service, and monitoring.

The Application Process

Applications will be submitted through the DOJ’s online portal using OMB Form #1123-0017, which is listed as “coming soon.” DOJ expects a phased rollout: invitations at approximately 30 days after publication; public opening at approximately 75 days, with the first 5,000 applications accepted; and an additional 500 applications at the 120-day mark. The $30 fee begins at 120 days and may be waived for hardship.

Framing a concise submission that addresses each of the process’s requirements, supports a finding that the applicant is not likely to endanger public safety, and establishes that granting relief would not be contrary to the public interest, is critical. Any error or omission could delay review and put an application outside the initial cap of 5,000 applicants.

Important Links 

• DOJ FFRR Page
• Office of the Pardon Attorney