A Path Back: Restore Your Federal Gun Rights Under the New DOJ Rule
For more than three decades, federal law promised something it never delivered. Under 18 U.S.C. § 925(c), a person who lost the right to possess firearms could ask the Attorney General to restore it. In practice, no one could. That changed on August 17, 2026, when the U.S. Department of Justice announced a final rule that brings the federal restoration process back to life.
If you have a past conviction, or another status that bars you from owning a gun under federal law, this may be the first real opportunity you have had to seek relief. Here is what changed, who may qualify, and how to get ready.
Why the door was closed since 1992
Section 925(c) has been on the books for decades. It lets the Attorney General restore federal firearm rights when an applicant is not likely to endanger public safety and relief would not be contrary to the public interest. The problem was money, not law. Starting in 1992, Congress attached a rider to ATF's annual budget that barred the agency from spending any funds to process these applications.
The result was a right on paper with no way to use it. For most people with federal firearm disabilities, a presidential pardon was the only realistic option, and very few were granted.
What DOJ changed
The statute itself did not change. Instead, DOJ moved responsibility for the program away from ATF to the Office of the Pardon Attorney, which the funding restriction does not reach. The final rule was published in the Federal Register on August 20, 2026 (91 FR 54054), took effect September 21, 2026, and creates a new Part 107 in Title 28 of the Code of Federal Regulations.
The new program is called Federal Firearm Rights Restoration (FFRR). It is a formal application process with set waiting periods, documentation requirements, and case-by-case review. Every decision remains in the Attorney General's discretion.
Who can apply
Anyone prohibited from possessing firearms under 18 U.S.C. § 922(g) may apply. That includes people with felony convictions, misdemeanor domestic violence convictions, and other federal prohibitions.
Being able to apply is not the same as being likely to succeed. The rule sets out "presumptive disqualifiers." An applicant who falls into one will be denied unless they can show extraordinary circumstances that overcome the presumption.
Tier | Examples of what triggers it | How long it applies
Permanent - Felonies involving homicide, sexual assault, human trafficking, kidnapping, domestic violence, burglary, robbery, carjacking, arson, assault, stalking, terrorism, or brandishing or discharging a firearm - Indefinitely
10 years - Felony drug trafficking, threats of violence, explosives, certain firearm or ammunition offenses, weapons on school property, animal abuse; misdemeanor domestic violence - 10 years from conviction or end of sentence
5 years - Any other felony; misdemeanor assault, battery, stalking, or threats - 5 years from conviction or end of sentence
Current status - Awaiting sentencing, still serving a sentence, in a diversion program, a fugitive, subject to an intimate-partner protective order, or required to register as a sex offender - While the status lasts
A prior denial under the program can also create a presumptive bar on reapplying. Attempts, conspiracies, and aiding-and-abetting versions of the listed offenses count the same as the completed crime.
The fine print that trips people up
Your sentence must be fully complete. The waiting periods count from the end of every part of your sentence, not just jail or prison. That includes probation, parole, fines, restitution, treatment programs, community service, and electronic monitoring. An unpaid restitution balance can keep the clock from starting.
Expunged convictions must still be disclosed. Applicants must report past convictions even if they were expunged, set aside, or pardoned. Leaving one off could sink an application.
Marijuana is treated differently. For this program, marijuana is excluded from the definition of a controlled substance. A person whose only drug use involves marijuana is not presumptively barred as an unlawful user.
Felon-in-possession convictions are not automatically fatal. A federal felon-in-possession conviction is not a presumptive bar if the underlying felony would not itself be one.
This is federal relief only. A federal grant does not remove any state-law prohibition. It also does not allow anyone to possess a firearm before relief is actually granted.
What this means in Michigan
Michigan has its own firearm restrictions for people with felony convictions under MCL 750.224f, and federal relief does not change them. For many Michigan state-court convictions, restoration under state law may already be the more direct route to clearing the federal bar as well. The new federal program matters most for people with federal convictions, and for those whose state restoration does not resolve the federal prohibition. Sorting out which path applies to your record is the first step.
Key dates: the window is limited
DOJ is opening the program in stages, and the early windows are capped.
Date - What Happens
September 25, 2026 - Applications opened to invited candidates
November 4, 2026 - Applications open to the public; only the first 5,000 applicants are accepted
January 4, 2027 - 500 more applicants accepted; the $30 application fee begins
Applications are filed online through DOJ. The fee can be reduced or waived for financial hardship. Applicants must also submit electronic fingerprints and character references.
How to prepare now
With only 5,000 spots in the first public window, a complete application ready on day one matters. Start gathering:
Certified copies of every criminal judgment, including any that were expunged or set aside
Proof that every part of each sentence is complete, including fines and restitution
Records of any pardon, expungement, or restoration of rights
Character references from people who know you well
Employment, education, and community records that show who you are today
Talk to us before you apply
Restoration is not automatic, and every application is decided case by case. The strongest applications address each requirement directly and show that the applicant poses no danger to public safety. Errors or omissions can delay review or push you past the initial cap.
The Law Offices of Robert Goldman, PLLC helps clients with expungements, license restoration, and post-conviction matters across Michigan. If you think you may qualify for federal firearm rights restoration, call 248-792-8180 or visit goldmanlawpllc.com to schedule a consultation. We will review your record, identify the right path under federal and Michigan law, and help you prepare.
This post is for general information only and is not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee a similar outcome. Information is current as of October 12, 2026; the program's dates and requirements may change.
