Soon You May Apply to Restore Your Federal Firearm Rights

For decades, federal law has broadly prohibited individuals convicted of felonies from possessing firearms — regardless of whether the offense was violent or nonviolent. Today, an estimated 19 to 24 million Americans are legally barred from possessing firearms because of prior felony convictions.

That may soon change.

The United States Department of Justice has formally proposed a new federal rule designed to revive the long-dormant relief process under 18 U.S.C. § 925(c) — a statute that allows certain individuals to apply for restoration of their federal firearm rights. If implemented, the rule would create a meaningful pathway for some individuals with non-violent felony convictions to seek relief from federal firearm disabilities for the first time in decades.

At present, the proposed rule has been published in the Federal Register and is moving through the federal administrative process. The rule could become effective after completion of the notice-and-comment period and final agency approval within the next several months.

For individuals who may qualify, this represents one of the most significant federal developments in firearm rights restoration in decades.

What Is 18 U.S.C. § 925(c)?

Under federal law, individuals convicted of crimes punishable by more than one year of imprisonment are generally prohibited from possessing firearms under 18 U.S.C. § 922(g).

Section 925(c), provides a mechanism allowing individuals to apply for relief from those federal firearm restrictions. Historically, applicants could petition the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) and demonstrate that restoring their rights would not endanger public safety or be contrary to the public interest.

In practice, however, Congress effectively shut down the process in the early 1990s by prohibiting the ATF from using appropriated funds to investigate or process these applications. Although the statute technically remains on the books, the relief mechanism became functionally unavailable.

The newly proposed rule seeks to revive that dormant process through a new regulatory framework and administrative review procedure.

If finalized, the proposal is expected to generate substantial nationwide interest — particularly among individuals with older, non-violent convictions who have remained law-abiding and rehabilitated for many years.

Who May Benefit From the Proposed Rule?

The proposed framework is aimed primarily at individuals with non-violent felony convictions who can demonstrate rehabilitation, stability, and long-term lawful conduct.

Potentially favorable factors may include:

A Certificate of Relief/Good Conduct.
Non-violent felony convictions;
Completion of all probation, parole, or supervised release obligations;
A substantial period without arrests or criminal allegations;
Stable employment history;
Community involvement and civic participation;
Strong character references;
Evidence of rehabilitation and personal responsibility since conviction.

Relief will not be automatic. Applicants will need to submit extensive documentation concerning their criminal history, rehabilitation efforts, employment background, and their conduct since their conviction.

Certain Offenses Will Likely Remain Disqualifying

The proposed framework reveals that many individuals will likely remain ineligible for relief. Convictions involving violence, domestic violence, firearm-related offenses, sexual offenses, repeat criminal conduct, or other serious public safety concerns will likely face substantial barriers.

State Laws May also be Disqualifying

Importantly, even if federal firearm rights are restored under the proposed 18 U.S.C. § 925(c) framework, State law may still independently prohibit possession of handguns, rifles, or shotguns. New York, for example, maintains some of the strictest firearm restrictions in the country, and restoration of federal rights does not automatically restore firearm eligibility under state law.

That said, New York does provide limited mechanisms that can sometimes restore eligibility in certain cases, including:

A Certificate of Relief from Disabilities; and/or
A Certificate of Good Conduct.

Importantly, the certificate must specifically restore firearm rights — not all certificates do. Even then, restoration is highly fact-specific and does not guarantee restoration.

Why Experienced Legal Representation Matters in the § 925(c) Process

The proposed § 925(c) process is unlikely to resemble a routine online application. Applicants will likely be required to present highly sensitive and detailed information regarding their criminal history, rehabilitation, employment record, finances, community standing, and post-conviction conduct.

In many cases, decades-old court files, sentencing records, certificates, and supporting documentation may need to be located, analyzed, and organized before an application can even be meaningfully evaluated.

How an applicant presents their history may matter enormously. For many individuals, the underlying conviction tells only part of the story. Military service, family responsibilities, employment history, community involvement, educational achievements, and years of lawful conduct may all become critical components of a persuasive restoration application.

We believe these applications will require far more than simply filling out forms. They will require strategic legal advocacy, careful preparation, and a sophisticated understanding of how federal agencies evaluate issues involving rehabilitation, public safety, and credibility.

Our firm regularly handles complex criminal defense, post-conviction, and matters involving federal procedure, mitigation presentation, and the regulatory analysis. We are closely monitoring developments surrounding the proposed rule and preparing to assist qualified clients as soon as the application process becomes operational.

In appropriate cases, our office may assist clients by:

Evaluating eligibility under both federal and New York law;
Obtaining and analyzing decades-old court and sentencing records;
Identifying potential disqualifying issues before filing;
Preparing mitigation and rehabilitation materials;
Organizing supporting documentation and character references;
Developing comprehensive and persuasive application packages;
Guiding clients strategically through what is expected to be a highly selective review process.

As public attention surrounding the proposed rule continues to grow, many observers anticipate a substantial backlog once applications begin being accepted. Individuals who begin preparing early may place themselves in a significantly stronger position than those attempting to navigate the process later and without counsel.

For consultation inquiries regarding federal firearm rights restoration, contact us.

Nicholas Kaizer Levitt & Kaizer Attorneys at Law 40 Fulton Street, Suite 1702 New York, NY 10038 212 480-4000 nkaizer@landklaw.com

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