New Federal Gun Rights Restoration Rule: What You Need to Know
September 2026 Update
The U.S. Department of Justice (DOJ) has created a new process that lets people who are banned from owning guns under federal law apply to get their gun rights back. This process is based on a federal law called 18 U.S.C. § 925(c). The final rule took effect on September 21, 2026, with applications opening in stages thereafter. The long-awaited change was announced by the U.S Department of Justice on August 17, 2026.
When Can I Apply?
The DOJ is rolling out the application process in stages:
- September 21, 2026 — The new rule takes effect.
- September 25, 2026 — Applications open for invited candidates only.
- November 4, 2026 — Applications open to the public; the first 5,000 people can apply.
- January 4, 2027 — An additional 500 public applicants can apply, and a $30 application fee begins.
Keep checking the DOJ's Federal Firearm Rights Restoration Program website for updates on when you can submit your application.
What Is This Program?
Federal law bans certain people from owning, carrying, or receiving guns or ammunition under 18 U.S.C. § 922(g). The new DOJ program gives those people a way to ask the Attorney General to restore their gun rights.
To approve an application, the Attorney General must find that the person is not likely to be dangerous to public safety and that restoring their rights is in the public interest.
Who Can Apply?
Anyone who is federally banned from possessing guns or ammunition under § 922(g) may be able to apply. But being able to apply does not mean you will be approved.
The final rule includes a list of presumptive disqualifiers — reasons that will likely lead to a denial unless you can show extraordinary circumstances. These disqualifiers fall into several groups:
- Current-status disqualifiers
- Permanent disqualifiers
- Ten-year disqualifiers
- Five-year disqualifiers
- Reapplication disqualifiers
Important: The DOJ can look at the actual conduct behind a conviction — not just the name of the charge. This means a full review of your criminal history may be needed.
Permanent Disqualifiers
Some offenses will likely result in a permanent denial, no matter how much time has passed, unless you can show extraordinary circumstances. These include offenses involving:
- Death
- Rape or sexual assault
- Human trafficking
- Kidnapping
- Domestic or intimate partner violence
- Burglary, robbery, or extortion
- Carjacking or arson
- Certain gang or racketeering offenses
- Assault or battery
- Stalking, terrorism, or witness tampering
Attempting, helping with, or conspiring to commit these offenses may also count. Because the DOJ looks at what actually happened — not just the charge title — reviewing charging documents, plea agreements, judgments, sentencing records, and other criminal records may be necessary.
Five- and Ten-Year Disqualifiers
Some applicants face a waiting period before they can qualify:
- Ten-year disqualifier: Applies to certain offenses after the sentence is completed.
- Five-year disqualifier: Applies to other felony convictions and certain violent misdemeanors.
For example, if within the past five years you were convicted of — or served any part of a sentence for — a felony or certain misdemeanors involving assault, battery, stalking, or threats of violence, your application will likely be denied unless extraordinary circumstances apply.
Knowing exactly when your sentence ended is an important part of figuring out whether you are eligible.
What Does the Application Require?
Applying is not as simple as filling out a short form. The DOJ's extensive application process includes several steps:
- Checking for presumptive disqualifiers
- Gathering required documents (see guide on documents here)
- Completing the application
- Submitting electronic fingerprints
- Getting character references
- Responding to questions from DOJ restoration specialists
Depending on your situation, you may need to provide:
- Criminal court records
- Records about your federal firearm disability
- Criminal history reports
- Sentencing information
- Other government records
Criminal History Records
You must provide state criminal records covering the last 25 years, or since age 18 — whichever period is shorter. This must cover every place you have lived and any other place where you have been arrested during that time.
Records for Prior Felony Convictions
If you are banned under § 922(g)(1) because of a state or federal felony conviction, you may need to provide:
- Charging documents
- Plea agreements
- Judgments of conviction
- Presentence reports (if applicable)
- Sentencing records
- Proof that you completed your sentence and supervision
Electronic Fingerprints
You must submit electronic fingerprints as part of the application. The DOJ states that fingerprints collected anywhere other than the USPS electronic process will not be accepted. Check the list of eligible USPS locations through the DOJ's application portal.
Character References
You must provide three character references. These references must speak to your character and whether you would be a danger to public safety if allowed to own a firearm. References must address topics such as:
- Past criminal conduct
- Drug or alcohol use
- Threats of violence
- Your overall character and reputation
You will also need to make statements yourself, under penalty of perjury, about these same kinds of topics.
Start Gathering Records Now
You should start collecting documents before your application window opens. Getting old court records, sentencing documents, proof that your sentence is complete, and criminal history records from multiple states can take time. You may need to contact courts and government agencies in several states. If you feel overwhelmed or don’t know where to start on gathering these records, this is something our law firm staff can assist you with if hired to help with your application.
The DOJ also has rules for documents that are not in English.
What If Records No Longer Exist?
If certain records are no longer available — and it is not your fault they are gone — you may be allowed to submit a sworn statement instead. This statement must describe what happened, what steps you took to find the documents, and why you could not get them. This option may be especially helpful for older cases.
Incomplete Applications
If your application is incomplete or has errors, the DOJ will give you a chance to fix it. You generally have 30 days to correct the problem and submit the missing documents. If you do not fix the application within that time, it will be considered abandoned.
A Denial Can Affect Your Next Application
Think carefully before filing before you are ready. A denial can create a five-year presumptive disqualifier that affects any future application, depending on why you were denied.
If you were denied because of a five- or ten-year time-limited disqualifier, the DOJ generally advises waiting until that period ends before applying again.
Does Federal Restoration Also Restore State Gun Rights?
No. Getting your federal gun rights restored does not automatically restore your gun rights under state law. Each state may still have its own restrictions that apply to you. You would need to look into whether a separate state process is required and check with legal counsel licensed in that particular state. Our attorneys are licensed in Montana and North Dakota and are limited to commenting on state laws in those states.
How Does the DOJ Decide Whether to Approve?
The DOJ does not just look at whether you have finished your sentence. Under § 925(c) and the new regulations, the DOJ must determine that:
- The facts around your disability, and your record and reputation, show that you are not likely to be dangerous to public safety, and
- Restoring your rights would not be against the public interest.
The DOJ can consider your full criminal history and other relevant conduct. Its published guidance also explains the rules about presumptive disqualifiers, extraordinary circumstances, and other factors.
How Long Will This Take?
Because the program just launched, it is not yet known how long the DOJ will take to review applications. The DOJ's own regulatory estimate assumed approximately 330,000 potential applicants — but that is just an estimate, not a guarantee of how many people will actually apply.
While waiting for a decision, applicants may be asked to respond to requests from DOJ restoration specialists.
What If My Application Is Denied?
If the DOJ denies your application, you have two main options under 18 U.S.C. § 925(c):
- Seek judicial review in the U.S. District Court for the district where you live.
- Submit a new application, though the reason for your first denial may create a waiting period or disqualifier affecting the new one.
Check the DOJ's Frequently Asked Questions for current guidance on reapplying.
How Netzer Krautter Law Firm P.C. Can Help You
The attorneys at Netzer Krautter Law Firm P.C. have already begun helping clients with this process. Legal help can improve your chances of approval and help you avoid common mistakes. The firm can:
- Screen for presumptive disqualifiers
- Review your prior convictions and the underlying conduct
- Advise on whether extraordinary circumstances may apply and develop legal arguments
- Help identify and gather required records
- Help organize your application materials
- Review your application before you submit it
Interested in Restoring Your Federal Firearm Rights?
If you are federally banned from owning a firearm because of a prior conviction or another federal firearm disability and want to know whether you should apply under the new DOJ process, fill out Netzer Krautter Law Firm P.C.’s Intake Questionnaire here and someone will be in contact with you about whether we think we can assist you.
The firm's attorneys are licensed in Montana and North Dakota and can assist applicants from anywhere in the United States with this federal process.
Important Note. This article is for general information only and is not legal advice. Whether you qualify for federal firearm rights restoration depends on the facts of your individual case. Restoring federal firearm rights may not remove separate restrictions under state law.
