Department of Justice Proposes New Rules on Federal Firearm Rights Restoration
Estimated reading time: 8–10 minutes
On July 22, 2025, the Department of Justice published a proposed rule in the Federal Register. The rule sets out how people can apply for relief from federal laws that stop them from having guns.
Why the Rule Is Needed
The Gun Control Act makes it illegal for some people to have firearms. This includes people with certain criminal records, people with mental health commitments, and others considered dangerous. But the Act also gives people a way to ask for their rights back. This is called “relief from disabilities.”
Before 2025, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) handled these requests. Problems appeared. There were not enough rules for deciding who should get their rights back. Some dangerous people got their rights restored, and later, committed crimes. Because of this, Congress stopped ATF from using funds to process these applications in 1992.
Recently, the Attorney General took authority away from ATF and announced a new rule would be made.
About the Proposed Rule
The new rule sets out clear criteria for granting relief. It tries to keep dangerous people from getting guns, while respecting the Second Amendment.
Presumptive Disqualifications
- Convictions for violent or dangerous felonies like murder, sexual assault, kidnapping, domestic violence, burglary, robbery, arson, and more.
- Felony sex offenses.
- People required to register as sex offenders.
- Anyone convicted of a felony using guns or explosives.
- Anyone convicted in the past 10 years of drug distribution crimes.
- Anyone convicted in the past 10 years for a misdemeanor crime of domestic violence, or shown to still be violent.
- Anyone convicted in the past 5 years for other felony offenses.
- People currently in prison or on probation, parole, or supervision.
- People subject to certain other gun disqualifications (like being a fugitive, using illegal drugs, being under restraining orders, or being in the country illegally).
- Anyone denied under these rules in the past.
Looking at the Whole Story
The Attorney General can look at all the facts of a person’s case—not just the official name of the crime. This means the actual conduct, not just the law’s wording, is used to decide eligibility.
The rule says applications will also require input from local law enforcement.
What Applicants Must Do
Applicants must give:
- Detailed records about past convictions.
- Proof that criminal sentences are completed.
- Reference letters from people not related to them.
- Personal affirmations about their behavior and character.
- Notification to the chief law enforcement officer in their area.
Applicants must show they are not dangerous and that restoring their rights is in the public interest.
Fees
The Department estimates about 1 million people will apply in the first year. Applicants must pay a $20 fee (unless poor, then a waiver may be requested). This covers costs for handling the applications.
Reviewing Applications
The Attorney General will review each applicant’s full criminal record, behavior during supervision, time since release, current mental health, community reputation, drug or alcohol use, and more. Input from police chiefs or sheriffs will be considered.
Any false information in the application can cause removal of granted rights.
Other Points
- The relief applies only to federal gun laws.
- State gun bans are not changed by this rule.
- The rule applies to people and gun dealers.
- Changes are made to access federal gun background system records.
- If rights are restored but the person commits a new crime, the relief can be taken back.
How to Comment
Comments on the rule are due by October 20, 2025. People can use regulations.gov or mail a comment to the U.S. Department of Justice.
Impact
The Department says the rule will help protect public safety, make the process clearer, and allow fair restoration of rights. It says the new system will be fair and follow the law.
For more details, see the Federal Register, Volume 90, Number 138, pages 34394–34405, dated July 22, 2025.
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This article includes content collected from the Federal Register (federalregister.gov). The content is not an official government publication. This article is for informational purposes only and does not constitute legal advice. For case-specific consultation, please contact us. Read our full Legal Disclaimer, which also includes information on translation accuracy.