Last March the U.S. Department of Justice (DOJ) began the process of implementing rules and procedures to restore the firearms rights of convicted felons and other persons prohibited under Federal law from possessing firearms and ammunition.
Pursuant to the 1968 Gun Control Act (“GCA”) persons convicted of felonies and misdemeanors punishable by more than two years of confinement are federally prohibited from possessing firearms and ammunition. Other provisions of Federal law prohibit firearm possession by certain persons, including persons involuntarily committed to a mental institution, or who have been convicted of a crime of domestic violence.
A provision of the GCA, however, allows the Attorney General to restore a person’s gun rights upon a finding that the person would not be a danger to public safety and restoration would be in the public interest. The responsibility for implementing this provision was previously delegated to the ATF. Since 1992, however, Congress had prevented ATF from spending funds to implement this provision with the result that ATF could not process restoration petitions.
In March of this year, Attorney General Bondi removed ATF’s responsibility under the GCA provision and transferred it back to DOJ where it will be implemented by Pardon Attorney Ed Martin.
On July 21, 2025, DOJ proposed rules to implement the restoration program and will be accepting comments of the proposed rules through October 20, 2025.
Absent extraordinary circumstances DOJ proposes to deny restoration to persons required to register as sex offenders and persons convicted of violent and serious felonies including homicide, kidnapping, sexual assault, intimate partner violence, burglary, robbery, assault, terrorism and witness tampering. Felonies in violation of most provisions of the Gun Control Act or involving the use of firearms or explosives would also presumptively result in denial.
DOJ proposes waiting periods for certain classes of offenses. Persons convicted of drug trafficking offenses would be subject to a presumptive waiting period of ten years from the date of completion or sentence or end of supervised release or probation. The ten year period would also apply to persons convicted of a misdemeanor crime of domestic violence.
For other felonies, a five year presumptive waiting period would apply, calculated from completion of sentence or end of supervised release or probation. Persons currently serving a sentence or on supervised release or probation would presumptively be denied restoration.
DOJ proposes to accept applications by mail and online. DOJ also proposes that a restoration application contain the following information:
(1) A statement of all applicable prohibitions on the applicant's possession, transfer, shipment, or receipt of a firearm under federal law.
(2) Written consent to obtain records and to receive information regarding the applicant's background.
(3) A copy of any indictment or information on which the applicant was convicted; any plea agreement; any factual basis for a plea; any presentence report or similar document; the judgment of conviction or record of any guilty plea or finding of guilt by the court; and a certificate from the relevant authority (such as a department of corrections, probation office, or parole board) stating the date of completion of the applicant's sentence, including any term of supervision;
(4) Where an applicant has been adjudicated a mental defective or committed to a mental institution, a copy of the order of a court or other authority that made the adjudication or ordered the commitment; any petition that sought to have the applicant so adjudicated or committed; any medical records reflecting the reasons for commitment and diagnoses of the applicant; any court order or finding of a court or other authority showing the applicant's discharge from commitment, restoration of mental competency, or the restoration of rights; and a current certification from a licensed mental health professional that the applicant does not pose a danger to the community if permitted to possess a firearm.
(5) Where someone has been discharged from the Armed Forces under dishonorable conditions, a copy of the applicant's summary of service record (DD 214), charge sheet (DD 458), and final court martial order.
(6) Where a citizen has renounced his or her citizenship, a copy of the formal renunciation of nationality.
(7) Where an applicant has been convicted of a misdemeanor crime of domestic violence; a copy of the charging instrument on which the applicant was convicted; a copy of the underlying investigative reports, a statement of the relationship of the victim to the applicant; the judgment of conviction or record of any plea of nolo contendere or guilty or finding of guilt by the court; a certificate from the relevant authority (such as a department of corrections, probation office, or parole board) stating the date of completion of the applicant's sentence, including any term of supervision; and any record purporting to show that the conviction was rendered nugatory or that civil rights were restored.
(8) A copy of any application, and any decision on that application, made to a state or other political subdivision to expunge or set aside a prior conviction, to restore the right to possess a firearm, or to restore any other civil rights that the applicant has forfeited.
(9) Two properly completed FBI fingerprint cards or an equivalent electronic fingerprint scan;
(10) A copy of the individual's criminal record check for:
(i) Each state, or locality if a state-wide report is unavailable, in which the applicant has resided since turning 18 or for the last 25 years, whichever is shorter; and
(ii) Each state, or locality if a state-wide report is unavailable, in which the individual has been arrested since turning 18.
(11) In the case of an applicant who is an individual, an affidavit from three references, attesting under penalty of perjury that:
(i) The affiant is not related to the applicant by blood or marriage and has known the applicant for at least three years;
(ii) The affiant is not currently prohibited from possessing a firearm under 18 U.S.C. 922(g);
(iii) To the affiant's knowledge, the applicant:
(A) Has not committed any crime, other than routine traffic or parking infractions, or similarly minor offenses, within the past five years;
(B) Is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), including marijuana, regardless of whether the controlled substance has been legalized or decriminalized for medicinal or recreational purposes in the state where the applicant resides;
(C) Does not regularly abuse alcohol or other intoxicants, including prescription drugs;
(D) Is not currently suffering from a mental health condition that would impair the applicant's judgment or behavior;
(E) Is a person of good character and has a good reputation in the community;
(F) Has not threatened to use violence, or attempted to do so, toward any person regardless of whether the authorities were notified; and
(G) Would not pose a danger to public safety, to family members, or to intimate partners if permitted to possess a firearm.
(12) An affirmation from the applicant under penalty of perjury that the applicant:
(i) Has not committed any crime, other than routine traffic or parking infractions, or similarly minor offenses, within the past five years;
(ii) Is not an unlawful user of or addicted to any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802), including marijuana, regardless of whether the controlled substance has been legalized or decriminalized for medicinal or recreational purposes in the state where the applicant resides;
(iii) Does not regularly abuse alcohol or other intoxicants, including prescription drugs;
(iv) Is not currently suffering from a mental health condition that would impair the applicant's judgment or behavior;
(v) Is a person of good character and has a good reputation in the community;
(vi) Has not threatened to use violence, or attempted to do so toward any person regardless of whether the authorities were notified; and
(vii) Would not pose a danger to public safety, to family members, or to intimate partners if permitted to possess a firearm.
(viii) Has notified, through an appropriate form, the chief law enforcement officer of the locality in which the applicant is located that the applicant is seeking relief through this section, and that within 14 days of that notification, the chief law enforcement officer may submit comments through the mechanism described on the Restoration of Federal Firearms Rights application or website to the Department either supporting or opposing the application. The chief law enforcement officer is the local chief of police, county sheriff, head of the state police, or state or local district attorney or prosecutor.
(ix) Has not been a member of, or associated with, a group of three or more persons who acted together in the United States or elsewhere with the aim of committing any crime within the last 10 years.
(x) Provided all information relevant to the applicant's eligibility under paragraph (a) of this section and that all information provided in the application is true and correct.
Arsenal Attorneys has been in contact with Mr. Martin’s office concerning implementation of the restoration program and will be submitting comments on the proposed rules.
It is important to remember that petitions under the new rule will be considered on case-by-case basis. Thus, it is important for a prospective petitioner to make a strong case that restoration of his or her firearm rights will not present a danger to the public. Non-violent offenders will obviously have the best chance to obtain restoration of their firearm rights. However, persons who can show that their offense occurred a long time ago, that they have been free of offenses since that time, and they have been upstanding citizens of their community will also likely stand a good chance for restoration even if their offense may have involved a element of violence.
Arsenal Attorneys expect to be very active in assisting clients in preparing and submitting restoration petitions under this program. We will be offering free consultations to evaluate the client’s circumstances and discuss whether a prospective client should consider submitting a petition for firearm rights restoration.
Arsenal Attorneys’ George Lyon is licensed to practice law in Virginia and the District of Columbia. He was one of the plaintiffs in the Palmer v. District of Columbia case that forced DC to begin issuing concealed carry licenses and in the Heller case that legalized handguns in Washington, DC. Mr. Lyon has extensive experience in restoring firearms rights in Virginia. Mr. Lyon is licensed by the Metropolitan Police Department to teach the DC concealed carry course and conducts the course monthly. His next class is scheduled for August 16 in Fairfax, Virginia. To sign up for his course, contact Mr. Lyon at gll(at)arsenalattorneys.com or at 202-669-0442.