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What Does the DOJ’s Proposed Rule Change?

The new DOJ rule—now open for public comment—would finally operationalize the process Congress intended under Section 925(c). Here’s what’s most important:

Who is Eligible (and Who Isn’t):

• Presumptively Disqualified:
  • Anyone convicted of violent felonies (including murder, rape, kidnapping, robbery, arson, or any crime involving serious violence)
  • Those convicted of felony sex offenses or currently required to register as sex offenders
  • Convicted domestic abusers, drug traffickers, or those recently serving criminal sentences
  • Persons currently on probation, parole, or other supervision, or who have had gun rights restoration applications denied for similar reasons within five years
  • Individuals currently subject to federal firearm prohibitions (e.g., fugitives, those under restraining orders, or unlawful users of controlled substances)

For these categories, relief will only be considered in “extraordinary circumstances.” In practice, most applications from violent or high-risk offenders will be denied.

Who May Qualify:

• Non-violent felons whose convictions are older, who have completed all sentences and supervision, and who have maintained a clean record for a set period (five or ten years depending on the type of offense)
• Applicants must demonstrate good behavior and provide extensive documentation—including criminal background checks, reference affidavits, and details of the conviction and rehabilitation

Important:

• Restoration applies only to federal law; if a state also bars gun ownership, separate state relief is needed.
• The Attorney General has wide discretion and will consider all circumstances—including new criminal conduct, repeated arrests, or association with criminal groups.

How Will the Process Work?

Application & Review:

• Individuals will be able to apply online or by mail, submitting detailed documentation of their criminal history, rehabilitation, and supporting reference letters.
• The DOJ will notify local law enforcement of all applications, seeking community input about any risks posed by the applicant.
• Each application will take about an hour to complete and will include a $20 fee (with waivers available for indigent applicants).

Review Timeline:

• The DOJ estimates over one million applications in the first year.
• The proposed rule is open for public comment for 90 days; it is not yet the law and will require formal adoption and likely modification in response to public and legal feedback.

What Can Prior Felons Do Right Now?

• Monitor the Federal Register:Track updates and the final rule’s publication.
• Prepare Documentation:Begin gathering court records, proof of completed sentences, character references, and evidence of rehabilitation.
• Participate in the Comment Period:The DOJ “welcomes comments” from those affected. This is a rare opportunity to influence federal policy—submit your views at https://www.regulations.gov.
• Do Not Submit Applications Yet:DOJ is not yet processing applications until the rule is finalized.

What Hurdles Remain?

Legal: