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Firearm RightsPolicy ExplainerAug 17, 2026, 10:50 PM· 4 min read· in law justice

Attorney General Launches New Federal Process to Restore Firearm Rights for Individuals With Felony Convictions

The Justice Department has finalized a rule establishing an individualized application process for nonviolent felons to petition for the restoration of their federal firearm rights, bypassing a decades-old congressional funding block.

By Mariana Costa

Second Amendment Advocates 35%Justice Department Leadership 35%Gun Control Advocates 30%
Second Amendment Advocates
Argue that constitutional rights should not be permanently stripped for nonviolent offenses once a sentence is served.
Justice Department Leadership
Frames the policy as a rigorous, individualized review process that balances constitutional rights with public safety.
Gun Control Advocates
Warn that reviving the restoration process bypasses congressional intent and risks returning firearms to individuals with criminal histories.

Summary

  1. The Justice Department finalized a rule allowing nonviolent felons to apply for the restoration of their federal firearm rights.
  2. The process circumvents a 1992 congressional rider that defunded the ATF's ability to process such applications.
  3. Applicants face a five- or ten-year waiting period depending on their offense, while violent offenders are presumptively disqualified.
  4. The policy shift follows recent Supreme Court rulings that narrowed categorical bans on firearm possession.
  5. The federal restoration does not override state-level firearm prohibitions.

For thirty-four years, the federal mechanism allowing convicted felons to petition for the restoration of their gun rights existed almost entirely on paper. On Monday, Attorney General Todd Blanche finalized a rule that resurrects this dormant pathway, establishing a new online portal administered directly by the Justice Department.[1][2]

The move circumvents a 1992 congressional funding block that had effectively paralyzed the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from processing such applications. By shifting the administrative burden to the broader Justice Department, the executive branch has bypassed the legislative rider that kept the program frozen.[1][7]

Under the new framework, the Justice Department anticipates that up to one million individuals currently prohibited from possessing firearms could become eligible to apply for relief. The mechanism relies on 18 U.S.C. § 925(c), a provision of the Gun Control Act that grants the attorney general explicit authority to lift federal firearms disabilities on a case-by-case basis.[3]

To qualify, applicants must demonstrate that they are unlikely to act in a manner dangerous to public safety and that restoring their rights is not contrary to the public interest. The rule establishes a tiered system of presumptive disqualifications and mandatory waiting periods to screen candidates before a substantive review begins.[2][4]

How the individualized review process for federal firearm rights restoration works.

Individuals convicted of violent crimes, registered sex offenders, and those involved in terrorism, kidnapping, or domestic violence face near-absolute bars to restoration. Officials noted that applicants falling into these categories will be denied absent extraordinary circumstances.[1][5]

For nonviolent, nonsexual offenses, the framework imposes a five-year waiting period after the completion of all terms of supervision, including probation and parole. Offenses with a direct relationship to violence or felony drug distribution require a ten-year waiting period before an application can even be submitted.[3]

For nonviolent, nonsexual offenses, the framework imposes a five-year waiting period after the completion of all terms of supervision, including probation and parole.

The policy shift follows a rapidly changing legal landscape shaped by the Supreme Court's 2022 decision in New York State Rifle & Pistol Association v. Bruen. That landmark ruling required gun regulations to align with the nation's historical tradition, triggering a wave of lawsuits challenging lifetime firearm bans for nonviolent felons.[3]

In June 2026, the Supreme Court's ruling in United States v. Hemani further narrowed categorical prohibitions, holding that certain drug-related disqualifications required individualized consideration. These judicial mandates intensified pressure on the Justice Department to provide a functional review process rather than relying on blanket lifetime bans.[3]

Waiting periods and disqualifications under the new Justice Department framework.

Attorney General Blanche framed the initiative as a necessary corrective, stating that the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose an ongoing danger. Second Amendment advocates have praised the rule, arguing that permanent disenfranchisement for decades-old, nonviolent offenses violates fundamental liberties.[1][6]

Conversely, gun control organizations and some lawmakers warn that the executive branch is bypassing congressional intent. Critics argue that rearming individuals with criminal records carries significant public safety risks, pointing to the original 1992 defunding of the ATF program, which was prompted by reports of restored individuals subsequently committing violent crimes.[2][3]

The Justice Department maintains that the rigorous review process—incorporating comprehensive criminal history checks, mental health records, and mandatory input from local law enforcement—will effectively screen out dangerous applicants. The department has stressed that restoration is not an automatic pardon or a clearing of a criminal record.[2][4]

Applicants must demonstrate they are unlikely to act in a manner dangerous to public safety.

The program is scheduled to launch in stages. The Justice Department's portal will accept applications from the first 5,000 candidates 75 days after the rule's publication in the Federal Register, gradually expanding capacity as the administrative infrastructure scales.[2]

Even if federal rights are successfully restored, applicants must still navigate a complex patchwork of state-level firearm prohibitions. The new Justice Department rule does not override state laws, meaning an individual could regain federal permission to purchase a firearm but remain legally barred from doing so by their home state.[4]

Definitions

18 U.S.C. § 925(c)
The specific provision of federal law that grants the attorney general authority to grant relief from federal firearms disabilities.
Federal Firearms Disability
A legal prohibition preventing an individual from purchasing or possessing a firearm under federal law, often triggered by a felony conviction.
Presumptive Disqualification
A standard where an applicant is automatically assumed to be ineligible for rights restoration unless they can prove extraordinary circumstances.
Appropriations Rider
A legislative provision attached to a government funding bill that restricts how an agency can spend its allocated budget.

Questions & answers

Does this rule automatically restore gun rights to all felons?

No. The process requires an individualized application and review. Violent offenders and registered sex offenders are presumptively disqualified.

How long do applicants have to wait before applying?

The rule establishes a five-year waiting period for eligible nonviolent offenses and a ten-year waiting period for offenses with a direct relationship to violence or drug distribution, starting after all supervision ends.

Will this override state-level gun bans?

No. The Justice Department process only restores federal firearm rights. Individuals living in states with their own prohibitions must still navigate state-level legal processes.

Why did the process stop in the first place?

In 1992, Congress stopped funding the ATF's ability to process these applications following reports that some individuals who regained their rights subsequently committed violent crimes.

Significance

This policy shift opens a pathway for up to one million Americans with nonviolent criminal records to legally purchase and possess firearms, fundamentally altering the federal government's approach to post-conviction civil rights and testing the boundaries of executive authority.

Sources

Source coverage

7 outlets

3 viewpoints surfaced

Second Amendment Advocates 35%Justice Department Leadership 35%Gun Control Advocates 30%
  1. [1]PBSSecond Amendment Advocates

    Justice Department finalized a rule Monday that will pave the way for people who've been barred from owning firearms

    Read on PBS
  2. [2]NewsweekSecond Amendment Advocates

    The Trump administration on Monday unveiled a new federal process that will allow some people currently barred from possessing firearms

    Read on Newsweek
  3. [3]Legis1Gun Control Advocates

    About one million people who are currently prohibited from possessing firearms under federal law could become eligible to apply

    Read on Legis1
  4. [4]WDRBJustice Department Leadership

    Justice Department creates a new pathway to restore gun rights for some convicted of felonies

    Read on WDRB
  5. [5]WPXIJustice Department Leadership

    Justice Department creates a new pathway to restore gun rights for some convicted of felonies

    Read on WPXI
  6. [6]Pittsburgh Post-GazetteJustice Department Leadership

    Justice Department finalized a rule Monday that will pave the way for people who've been barred from owning firearms

    Read on Pittsburgh Post-Gazette
  7. [7]Ground NewsJustice Department Leadership

    Trump DOJ Revives Federal Process to Restore Gun Rights After Decades-Long Funding Block

    Read on Ground News

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