2026 Could Bring Chance for Restoration of Gun Rights Under Federal 925(c) Program

For decades, millions of Americans have lived under a federal ban preventing them from owning or possessing firearms due to past criminal convictions. Many of these individuals have long since completed their sentences, rebuilt their lives, and become law-abiding citizens — yet they remain barred from exercising their Second Amendment rights.

That could soon change.

A new federal rule proposal may reopen the long-dormant 18 U.S.C. § 925(c) program, which allows qualifying individuals to apply for restoration of their federal firearm rights through the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). While it is unknown exactly how many individuals this may apply to, some estimates have this number in the millions.

In July of 2025 the United States Department of Justice published the proposed rule for public comment. In October 2025 the public comment period closed. It is anticipated that sometime in 2026 the final rule will be published and an application process will be opened.

The attorneys at Netzer Krautter Law Firm, P.C. are preparing now to help Montanans and clients nationwide navigate this long-awaited opportunity and try to get ahead of what will almost certainly become a massive backlog of applications.

Montana is a Restorative Rights State

Montana has long recognized the principle that individuals who have completed their sentences should have the opportunity to regain their civil rights. Under Article II, Section 28 of the Montana Constitution, it states: “Laws for the punishment of crime shall be founded on the principles of prevention and reformation. Full rights are restored by termination of state supervision for any offense against the state.”

This means that once an individual has completed all terms of a Montana sentence — including parole or probation — their state civil rights, including firearm rights under Montana law, are typically restored. However, federal firearm prohibitions remain in place unless relief is granted under federal law — which is where 18 U.S.C. § 925(c) and the new rule comes in. For Montanans, this proposed change represents the long-overdue chance to align federal firearm rights with the restorative intent of our state constitution.

Why Preparation Now Matters

If the § 925(c) program reopens, the ATF will be flooded with applications from across the nation. Those who prepare early will have a significant advantage once filing begins. Just as with other federal benefit or licensing programs, complete, well-prepared applications submitted early will move to the front of the line — while others could wait months or even years.

At Netzer Krautter Law Firm P.C. we’re already helping clients in Montana gather their court documents so that they are one step closer to file their § 925(c) applications once the process opens.

Who May Qualify for Federal Gun Rights Restoration

You may be eligible to apply under § 925(c) if:

• You have a federal or state conviction that prohibits you from possessing firearms;
• You have completed all terms of your sentence, including probation or parole;
• Your conviction has not been expunged or pardoned; and
• You can show rehabilitation and a law-abiding life since your conviction.

Even if your conviction is decades old, this may be your best opportunity to restore your gun rights under federal law.

Who the Proposed Rule Presumes Will Still not be Eligible for Restoration of Gun Rights.

The proposed rule states that those individuals who are presumptively disqualified are, 

felons convicted of crimes that are particularly linked with dangerous or violent conduct are unlikely to be able to demonstrate that relief from disabilities is in the public interest.

The list of presumptively disqualifying violent crimes is drawn in large part from the definitions of “crime of violence” in the Federal Firearms Act, ch. 850, sec. 1(6), 52 Stat. 1250, and the United States Sentencing Guidelines, U.S.S.G. 4B1.2(a)(2). The list also includes other crimes closely associated with dangerousness, such as threatening or stalking offenses and certain firearm-related offenses that are most often associated with violence or dangerousness.

Furthermore, those presumptively disqualified are, “those who have been convicted of any felony sex offense” as well as “other applicants who cannot show that relief from federal firearm disabilities is consistent with public safety and the public interest, such as those currently serving any part of their sentence.”

Other Time-Limit Presumptive Disqualifications

The proposed rule states that, “The first category of offenders who would be subject to a time-limited presumptive disqualification is those convicted of drug-distribution crimes” and these would be presumptively disqualified for 10 years. Additionally,

The rule similarly would presumptively disqualify from eligibility, absent extraordinary circumstances, any person who has either: (a) served any part of a sentence for a “misdemeanor crime of domestic violence” (as defined in 18 U.S.C. 921(a)(33) and 27 CFR 478.11) within the last 10 years; or (b) engaged in behavior demonstrating continued propensity for violence at any time within the last 10 years following a conviction for a misdemeanor crime of domestic violence.

Furthermore, “Finally, the Department has determined that it will presumptively disqualify from eligibility for relief any person who, within the last 5 years, has been convicted of or served any part of a sentence (including probation, parole, supervised release, or other supervision) for any other offense under state or federal law punishable by imprisonment for a term exceeding one year (as defined in 18 U.S.C. 921(a)(20)).”

How Can the Attorneys at Netzer Krautter Law Firm, P.C. Help Clients Navigate the 925(c) Program Application?

The proposed § 925(c) program rule outlines an application that requires a detailed legal and factual presentation. Our attorneys can assist clients through the application process by:

• Collecting relevant court records,
• Drafting a persuasive personal narrative demonstrating rehabilitation,
• Obtaining character references from community members,
• Preparing a complete and compelling application package for ATF review, and
• Reviewing an application to ensure completeness prior to submission.

If the proposed § 925(c) rule is finalized, the window to apply could open quickly — and tens of thousands but likely more could rush to file. Those who start preparing now will have a head start to submit their applications immediately, before the system becomes overwhelmed. Call our office today at 406-433-5511 to schedule a confidential consultation, whether that is in-person, by phone or online video.