Feds Rule on Who Gets Guns Back: Rights vs. Risk Tango
Published Date: 8/20/2026
Rule
Summary
The Department of Justice ("the Department") is implementing criteria to guide determinations for granting relief from disabilities imposed by federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms. The criteria are designed to ensure that the fundamental right of the people to keep and bear arms is not unduly infringed, that those people granted relief are not likely to act in a manner dangerous to public safety, and that granting such relief would not be contrary to the public interest.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 4 costs, 0 mixed.
Federal Application Process Opens
The Department of Justice will begin accepting applications for relief from federal firearms disabilities on September 21, 2026. You can apply under 18 U.S.C. 925(c) to ask the Attorney General to restore your federal ability to acquire, receive, transfer, transport, or possess firearms.
Presumptive Disqualification Rules
The rule identifies categories of convictions and offenses that will be presumptively disqualifying, including violent felonies (e.g., homicide, kidnapping, terrorism, stalking), convictions involving brandishing or discharge of a firearm, and persons required to register under SORNA. The rule also sets time-based presumptions: drug trafficking convictions or misdemeanor domestic violence convictions are presumptively disqualified for at least 10 years after completing their sentences, and other felony convictions are presumptively disqualified for five years after completing their sentences.
Presumptive Denial for Certain Statuses
People prohibited under 18 U.S.C. 922(g)(2) (fugitives), 922(g)(3) (unlawful users of controlled substances), 922(g)(5) (unlawful or certain nonqualified aliens), and 922(g)(8) (persons subject to protective orders) are presumptively denied relief. Those individuals may typically cure their ineligible status themselves (for example, resolving fugitive status, addressing addiction or demonstrating lack of ongoing use, adjusting immigration status, or modifying/terminating a protective order) before applying.
Application Documentation, References, Fee, and Notifications
The rule requires applicants to submit documentation that varies by the type of disability, three sworn statements from character references, and pay a required application fee; it also mandates notification of the application to the Chief Law Enforcement Officer in the applicant's jurisdiction. The rule provides for public announcement of grants of relief and includes special rules for federal firearms licensees.
No Automatic or Expedited Restorations; 'Extraordinary' Standard
The Department rejects automatic restoration for any group and will not create a separate expedited review process. Applicants who are presumptively disqualified may attempt to overcome that presumption only by showing 'extraordinary circumstances' in an individualized review.
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Key Dates
Department and Agencies
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