Under 18 U.S.C. 925(c), you have the right to apply to the federal government to restore your right to possess, use, or own a firearm. But for the past 35 years, you couldn't actually exercise this right.
Why? The Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF) initially determined who was eligible for federal firearm restoration. But Congress cut off ATF's funding in 1992 because it didn't like how ATF was managing the application process. And then the U.S. Supreme Court ruled that you couldn't go to federal court and challenge Congress's refusal to spend money on the firearm restoration program.
In other words, you had a theoretical right to restore your gun rights – but not a real right.
Until now. In August 2026, the Department of Justice (DOJ) established a new federal firearm restoration program under 925(c), which will be managed by the Office of the Pardon Attorney. The application process will open to the first 5,000 applicants on November 4, on a first-come, first-serve basis. DOJ plans to expand access after evaluating how the new online portal works.
A new federal regulation—28 CFR Part 107—describes the application requirement and the eligibility criteria.
Firearm Restoration Eligibility Under 925(c)
Anyone who is prohibited under the Gun Control Act of 1968 from possessing, owning, using, or transporting a firearm or ammunition can apply under DOJ's new procedure.
Under 18 U.S.C. 922(g), The following categories of people cannot possess or own a firearm:
- Felons or under indictment for a felony crime – 922(g)(1)
- Fugitives from justice – 922(g)(2)
- Unlawful drug users or drug addicts – 922(g)(3)
- People involuntarily committed to a mental health institution or judged to be mentally defective – 922(g)(4)
- Certain non-citizens – 922(g)(5)
- Dishonorably discharged from the U.S. military – 922(g)(6)
- Former citizens who renounced their U.S. citizenship – 922(g)(7)
- People subject to a domestic violence protection order – 922(g)(8)
- People with misdemeanor domestic violence convictions – 922(g)(9)
925(c) Restoration Criteria
The Attorney General may restore your federal firearm rights if you meet two requirements:
You are not likely to endanger public safety
Restoring your rights won't be contrary to the public interest
But note the word “may” in 18 U.S.C. 925(c). The Attorney General isn't required to restore your rights even if you meet the standard - It's discretionary.
Before deciding whether to grant your application, the DOJ will review your criminal history over the past 25 years. Besides your actual criminal convictions, this includes:
- Every criminal charge (even if you weren't convicted)
- Every arrest (even if you weren't charged)
- Dismissed cases and the underlying conduct
- Your compliance with probation (to include whether you paid court-ordered restitution and court costs
DOJ will also consider any prior restraining orders, your substance abuse history, your current and past mental health, your character, and your reputation in the community.
Presumptive Disqualification
Certain categories of applicants will have a much more difficult time overcoming their past than others.
A presumptive disqualifier means that DOJ will deny your application, unless you can establish “extraordinary circumstances” to overcome the presumption.
Unfortunately, DOJ does not define the term “extraordinary circumstances,” but it does provide these possible, relevant factors:
- You age at the time of the crime
- Whether you have had an exceptionally long period of non-criminal conduct after the offense
- The seriousness of the offense
- Your level of remorse
A presumption is not a bar to applying and it does not mean that the government will automatically deny your application. But it does mean you have your work cut out for you, which means you should strongly consider hiring an attorney.
There are 4 major presumption categories:
- Current Status Presumption
- Lifetime Presumption
- 10-Year Presumption
- 5-Year Presumption
Current Status Presumption
Absent extraordinary circumstances, DOJ will deny your 925(c) firearm restoration application if you are already prohibited from possessing a firearm under federal law. For example, you are:
- A fugitive from justice
- Serving your criminal sentence (imprisoned or on probation)
- Subject to a domestic violence protection order
- Required to register as a sex offender based on a crime that prohibits firearm possession
- An unlawful drug user or are addicted to certain controlled substances
Mental Health Disability Presumption
Under 18 U.S.C. 922(g)(4), you cannot possess a firearm if you have been involuntarily committed to a mental institution or a court has deemed you to be a danger to yourself or others.
If you are subject to a mental health disability, DOJ expects you to pursue restoration in state court before applying for federal restoration under 925(c). Otherwise, DOJ will deny your application absent extraordinary circumstances.
This presumption also applies if a state court denied your application to restore your firearm rights based on a mental health order.
Lifetime Presumption
DOJ will also deny your application for firearm restoration, absent extraordinary circumstances, if you have ever been convicted of one or more of the following felony crimes
- Murder, manslaughter, negligent homicide, or any other crime resulting in the death of another person
- Rape, sexual abuse, or sexual assault
- Domestic violence crimes
- Crimes involving the use of a firearm during the commission of an offense
- Arson
- Terrorism
- Escape
- Human trafficking
- Kidnapping
- Burglary
- Robbery
- Extortion
- Carjacking
- Gang-related violent crimes
10-Year Presumption
Unlike the lifetime presumption, the 10-year and 5-year presumptions are limited in duration.
The 10-year presumption applies to certain felony crimes and misdemeanor crimes of domestic violence. These felonies include:
- Certain firearm-related crimes
- Threats of violence
- Manufacturing, possessing, or using explosives
- Possessing or discharging a firearm or any other weapon on school property
- Manufacturing, distributing, or selling a controlled substance
- Possessing controlled substances with the intent to distribute or manufacture
- Animal abuse
Important: The presumption period does not end until 10 years after you have finished serving your sentence – not 10 years after your conviction date.
Example: You pleaded guilty to distributing cocaine on January 1, 2018. You were released from prison on January 1, 2022, and then you were on probation until January 1, 2027. The 10-year presumption period does not expire until January 1, 2037.
5-Year Presumption
The 5-year presumption generally applies to non-violent felonies and non-domestic violence misdemeanors. They include:
- Misdemeanor assault or battery
- Misdemeanor stalking
- Any misdemeanor involving the threat of violence
- Any felony not included in the permanent or 10-year presumption categories
Like the 10-year presumption, the waiting period runs from the date you completed your sentence—not when you were convicted.
Reapplication Presumption
You may also face a 5-year presumption if you previously applied and were denied relief under 925(c) in these cases:
You were denied based on a permanent presumptive disqualifying conviction, such as murder, rape, or robbery.
You were denied (within the past 5 years) based on a reason other than a current status or a 5-year or 10-year presumptive disqualifying offense.
Example: You lost your federal firearm rights because you were convicted of robbery. You apply for 925(c) restoration in December 2026. The government denies your application in February 2027. You decide to re-apply in January 2030. You are subject to the 5-year reapplication presumption, which does not end until February 2032.
The 925(c) Application Process
No two applications will be the same, but we recommend most people follow these steps in order.
Step One: Get the Required Documents
Criminal History
You must provide criminal history reports covering the past 25 years or the period since you turned 18 (whichever is shorter). They should include every arrest, charge, or conviction, or confirm that you have a clear record in this jurisdiction.
The reports must also cover every state or territory during this period where you lived or where you were arrested.
Criminal Conviction
If you are prohibited because of a prior conviction (state or federal, civilian or military, domestic or foreign), you must provide the following records for each conviction:
- Charging document (complaint or indictment)
- Judgment and sentence forms
- Proof that you completed all sentencing conditions (either from the Department of Corrections, probation department, parole board, or equivalent agency). Sentencing conditions include community service, restitution, and court costs.
- Plea documents (if applicable)
- Pre-sentencing reports (if applicable)
For DV misdemeanor convictions, you must also provide all police / investigative reports plus a statement describing the relationship between you and the victim.
Note – this requirement applies to expunged, sealed, vacated, or pardoned convictions. For these cases, you must also provide all records showing that court has restored your civil rights, such as your state firearm rights, right to vote, or right to serve on a jury.
Mental Health Disability
If you lost your firearm rights under 18 USC 922(g)(4) because you were involuntary committed to a mental health facility or judged mentally incompetent, you must provide the following records:
- Court records (including any orders restoring competency)
- Medical records
- Certification from a mental health professional stating you no longer suffer from a mental illness or defect or a statement that you are successfully managing your condition and that you are not likely to relapse
Citizenship renunciation
If you renounced your U.S. citizenship, you must provide all renunciation documents and a statement under penalty of perjury explaining why you renounced your citizenship.
You may have to get records from multiple cities, counties, states, or foreign countries. Hospitals and medical providers will require you to sign releases of information before sending you records. This takes time and money.
This will be a time-consuming process because we cannot stress this enough: You need to get everything you possibly can, and if you can't get it, you need to explain why.
Step Two: Develop Rehabilitation Evidence
The required documents tell DOJ why you lost your firearm rights. But you need to show DOJ that you've changed for the better. What kind of person are you now?
A strong application should include the evidence of the following:
- Stable employment (performance evaluations or awards)
- Community service or leadership
- Education
- Military or public service
- Substance abuse treatment
- Mental health treatment
- Security clearances or professional licensing
Step Three: Prepare Personal Statement
Your personal statement is your opportunity to advocate for yourself. Why should you be able to own a gun even though your poor conduct caused you to lose that right?
You also need to strike the appropriate balance between accepting responsibility for your past conduct and acknowledging difficult family or personal circumstances that led to your past choices.
A good personal statement should explain the following:
- Why you lost your firearm rights
- Your family and personal circumstances at the time and how you moved on from these circumstances
- Your present family, employment, and community responsibilities
- Why you are not a danger to the public
- Why you want your firearm rights back
To use an overused but important cliché, you need to come across as more than a file – but as a real person.
Step Four: Select Three Qualified Character References
You need to provide 3 character references. Each reference must have known you for at least 3 years, not be related to you by blood or marriage, and must not be prohibited from possessing a firearm.
Each must reference must be able to affirm under oath the following:
- You have not committed any serious or violent crime in the past five years
- You don't unlawfully use drugs or are addicted to a controlled substance
- You don't regularly abuse drugs, alcohol, or prescription medication
- You haven't recently attempted or threatened suicide or violent against someone else
- You are a good person and have a good reputation in the community
- You aren't suffering from a mental health condition that currently impairs your judgment or behavior
A strong reference knows you the best but also is a solid, upstanding citizen. This could be a longtime employer, community leader, a member of the clergy, or neighbor
Choose wisely. Your drinking buddy or college roommate may be a good friend but not a good reference.
Step Five: Submit the application
Before you click submit, you have to certify under penalty of perjury that you have disclosed all the required records. You also authorize DOJ to obtain and review all relevant background information, including employment, medical , military and criminal records.
You must provide each reference's full name, phone number, and email address.
Step Six: Get your Electronic Fingerprints
After you submit your application, you will receive an email from the FBI's Criminal Justice Information Services Division (CJIS) that includes a QR code, a bar code and instructions for obtaining your fingerprints.
You must obtain electronic fingerprints from a participating United States Post Office (USPS) location. You will need the CJIS email, which includes the QR and bar codes, along with a form of valid government-issued identification, like a driver's license, passport, or military CAC.
After you pay the required fee, USPS will obtain your fingerprints and submit them to the FBI to be included with your application.
You will receive notification when the FBI receives your fingerprints.
Important - The government will not accept any ink fingerprints or electronic fingerprints from a non-USPS location.
Step Seven: Monitor your Application Status
After you submit your application, your references should receive an email from the CJIS with a link and PIN to complete the character reference form.
You need to make sure that each reference completes the form. This is because you may not receive an email if your reference fails to complete it. (See above for why you want someone responsible and trustworthy to be a reference).
DOJ may also contact you with questions about your application or requests for additional information—for example, a more legible court record or additional mental health documentation.
Important – do not ignore these questions, and make sure your answers don't contradict your previous answers or documents. Also, respond promptly.
Step Eight: DOJ Decision
Finally, you will receive an email notifying you that your decision letter is available in the portal. DOJ can grant or deny your application, but it can also take no action (for instance, because it needs more information to reach a decision).
FAQ: Federal Firearm Restoration Process
Can I apply now?
No.
You have to wait until November 4, when DOJ opens up the online portal to the first 5,000 applicants, on a first-come, first-serve basis.
But you can (and should) start preparing your application now if you are serious about being one of the first applicants.
Is the online application available?
Not yet, but we expect it will be available in the next few weeks, as DOJ rolls out the new system.
We will update you when the online portal opens.
Should I file my 925(c) application as soon as possible?
No.
Before you apply, you need to determine whether you even need to (or should) apply. 925(c) is the appropriate remedy if you are legally prohibited from possessing or owning a firearm under federal law.
If your records are incomplete or inaccurate, however, then you should correct them before you move forward with restoration.
If 925(c) is the right approach, you should then determine whether you are subject to one of the four presumptions. You should also not apply until you have all of DOJ's required documents.
Finally, we recommend you don't begin the formal application process until you have your rehabilitation evidence ready to go.
Is there an application fee?
Yes. There is a $30 non-refundable processing fee. You can pay via bank account (ACH), credit or debit card, or PayPal.
You may request a fee waiver or reduction and explain the basis for your request.
What documents do I have to submit as part of my application?
Regardless of how you lost your federal firearm rights, every applicant must provide the following records to DOJ:
- Criminal history reports
- Character references
- Electronic fingerprints
Can I still apply if I can't locate my old court records?
Yes, but you will need to prove to DOJ that you made diligent efforts to locate your missing court records. Specifically, you must provide a sworn statement under oath describing what records are unavailable, what efforts you made to find it, and the reason why it's unavailable.
Should I run an FBI background check on myself before I apply?
Yes.
An FBI Identity History Summary is a fingerprint-based summary of your criminal record covering every state in. the country. It includes arrest dates, criminal charges, sentencing data, and other court dispositions. People typically refer to this record as an “FBI background check” or a “rap sheet.”
An FBI Identity History Summary is not one of DOJ's required documents. but we recommend you get one before applying. If your background check is wrong, you want to know this before you apply because you'll likely want to file for an FBI record correction first before you submit a 925(c) restoration application.
At a minimum, you can cross-reference your FBI background check against your court records to make sure you aren't missing anything.
Can I get fingerprinted before I submit my application?
You cannot get officially fingerprinted for your 925(c) restoration application until you submit your application. After you file, you will receive an email from CJIS with a QR code and bar code, along with specific instructions.
You will then schedule an appointment at a participating USPS location to get your electronic fingerprints.
We advise potential clients to run an FBI background check on themselves before they apply, which requires getting fingerprints. To obtain your FBI background check, you don't necessarily need to go to a certain USPS location, and you can get either ink or electronic fingerprints. But don't confuse these fingerprints with your official 925(c)-required fingerprints.
Can I get fingerprinted at my local police station?
No.
DOJ is very specific on this point. You must get electronic fingerprints at an approved USPS location, or else your application will be rejected.
Should I apply for restoration under 925(c) if I already received a presidential pardon?
If the pardoned conviction was the only basis for your federal prohibition, then you probably don't need to seek relief under 925(c). But if you have more than one federal conviction, or state and federal convictions, or your prohibited because of a mental health or other disability, then you will probably need to seek restoration via 925(c).
Can I go to federal court and restore my firearm rights instead of going through the 925(c) restoration process?
No.
DOJ's new firearm federal restoration process is the only viable legal avenue. You cannot file a motion to restore your federal firearm rights in any federal court.
You can only go to court to challenge DOJ's denial of your 925(c) restoration application by filing a petition for judicial review in the district court in which you reside.
Will the 925(c) restoration process restore my state firearm rights?
Not necessarily.
If you have criminal convictions in state court, you will likely have to pursue additional remedies, such as filing a restoration motion in state court, filing an expungement motion to wipe away your state convictions, or seeking a pardon from the governor.
You should also pursue relief in state court if you are or were subject to an involuntarily mental health court order.
Can a 925(c) application correct an inaccurate FBI record?
No.
If your records are inaccurate or incomplete, do not submit a 925(c) restoration application.
We cannot stress this enough. DOJ will not independently determine whether your records are accurate. You need to correct the records before you apply. Otherwise, you risk potentially getting wrongfully denied, which will then subject you to the reapplication presumption (see above).
Should I pursue other remedies before or after I file a 925(c) restoration application?
This is difficult to answer closely examining your criminal record. If you have a single, prohibiting federal conviction, a presidential pardon may be enough. If you have a single, prohibiting state conviction, expungement or a state pardon may be your first step. If your criminal records have errors, you will want to correct your FBI records first before doing anything else. This is where an attorney can be most helpful.
Will federal restoration under 925(c) clear my criminal record?
No.
If the government grants your application, you regain your right to possess firearms under federal law. To clear your record, however, you will need to seek an expungement or pardon (or an equivalent procedure) in state, federal, tribal, or military court.
Do I have to disclose an expunged or pardoned conviction on my 925(c) application?
Yes.
You have to disclose all criminal convictions regardless of their status, location, or jurisdiction. This includes:
- Military convictions
- Foreign convictions
- Vacated convictions
- Expunged convictions
- Pardoned convictions
- Sealed convictions
Can I apply for restoration under 925(c) if I am on probation?
Yes, but you will be subject to the current status presumption (see above). In most cases, we recommend you wait until the presumption period ends before applying.
Can I apply under 925(c) if I am subject to an active protection order?
Yes, but you will be subject to the current status presumption (see above), and we generally recommend you wait until the presumption period ends.
Should I wait to apply if I am facing a presumptive disqualifier?
Probably.
We're not saying that you no one will be able to satisfy the “extraordinary circumstances” standard that DOJ requires to overcome a presumption, but DOJ has made it clear: if you can't show extraordinary circumstances, you will get denied. No questions.
If you do apply during the presumption period, given the long odds, you should hire an attorney or at least consult with one before you apply.
What constitutes extraordinary circumstances?
The DOJ does not define the term “extraordinary circumstances' in the statute or the more detailed federal regulations that it created to implement the new program.
But it does provide some guidance. The term “implies unforeseen and unusual circumstances.” Potentially relevant factors include your age at the time of the offense, an exceptionally long period of non-criminal conduct or good behavior, and a high degree of remorse or atonement for your crimes.
The DOJ does not define the term “extraordinary circumstances' in the statute or the more detailed federal regulations that it created to implement the new program.
But it does provide some guidance. The term “implies unforeseen and unusual circumstances.” Potentially relevant factors include your age at the time of the offense, an exceptionally long period of non-criminal conduct or good behavior, and a high degree of remorse or atonement for your crimes.
Can a relative be a reference?
No.
A reference cannot be related to you by either blood or marriage.
What do I do if one of my references does not complete the form?
DOJ may allow you to replace a non-responsive reference with someone else. We'll provide you more guidance when DOJ provides more guidance.
Will DOJ consider dismissed cases when reviewing my application?
Yes.
DOJ will review your entire criminal history—all arrests, charges, and dismissed cases, not just convictions.
Can I legally possess a firearm while my 925(c) application is pending?
No.
Unless and until DOJ grants your application, you are subject to criminal and civil penalties for possessing a firearm.
What happens if DOJ grants my application?
This, of course, is the best possible outcome. You have regained your federal right to possess, use, and own firearm and ammunition.
The FBI will update the National Instant Criminal Background Check System (NICS).
What happens if I receive an “Indeterminate” decision?
This means that DOJ lacked enough information to grant or deny your 925(c) application. You can (and should) reapply because an “indeterminate” finding is not a denial, so you're not subject to the 5-year presumption period.
If you didn't have a lawyer the first time, we strongly recommend that you get an attorney this time around. An experienced lawyer can help you submit a more persuasive application and help you obtain hard-to-locate documents.
What are my options if DOJ denies my application?
You have several options.
First, you can appeal the denial by filing a petition for judicial review in the U.S. district court in which you live. You have 30 days to file an appeal.
Second, you can reapply under 925(c). To maximize your chances of success the second time, you should hire an attorney if you didn't have one before. You should also wait 5 years, so you aren't subject to the presumption.
Finally, you may have an alternative remedy. If you have a single prohibiting federal conviction, for example, you should consider applying for a presidential pardon. If you have state court history only, you may have odds filing a motion to restore your state firearm rights or seeking clemency from the governor.
How long do I have to wait to reapply if I was denied?
Technically, you can reapply immediately after you applied. DOJ does not prevent you from submitting multiple applications. That said, reapplying immediately is a bad idea.
If you were denied based on a presumption, we generally recommend you wait until the presumption period is over. This usually means waiting at least 5 years before you reapply.
You should also consult an attorney if you were previously denied.
How long it will take DOJ to decide my application?
DOJ hasn't promised a specific timeline—at least not yet. We will update you as we get more guidance from DOJ.
How can I increase my chances of getting approved?
Until DOJ starts reviewing and deciding applications, we can't really answer this question.
But given our experience helping hundreds of clients restore their state firearm rights across the Pacific Northwest, here is a list of common mistakes we expect people will make—and which you should avoid:
- Waiting too long to respond to DOJ's request for information after submitting your application
- Choosing an unqualified character reference
- Minimizing your criminal conduct in your personal statement
- Providing an incomplete criminal history
- Failing to disclose an expunged, pardoned, or sealed conviction
- Assuming that federal restoration will automatically restore your state firearm rights
- Incorrectly determining the presumption period
Can your firm represent me?
We can represent you in all federal cases regardless of where you live. This includes 925(c) restoration applications, FBI record challenges, presidential pardons, and related issues.
We are also licensed in Washington, Oregon, Alaska, Hawaii, and Massachusetts, so we can represent you in state court. For other states, we can represent you in state court in association with a local attorney.
How much do you charge to restore my federal firearm rights?
The price varies depending on the service. Fees vary from $5,000 to $25,000 depending on complexity. We offer an initial hour-long case review for $700 to determine the best path forward.
