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Federal Firearm Rights Restoration: Restoring your 2nd Amendment Rights

Federal Firearm Rights Restoration: Restoring your 2nd Amendment Rights

Updated August 18, 2026

For more than 30 years, many people who lost their gun rights under federal law had no practical procedure to ask the federal government to restore those rights. That changed on August 17, 2026, when the U.S. Department of Justice announced a new process for people prohibited under federal law from possessing, receiving, shipping, transporting, or acquiring firearms or ammunition to apply for relief from those federal firearm disabilities.

This is a major development for people with old felony convictions, misdemeanor domestic violence convictions, certain mental health-based firearm prohibitions, dishonorable military discharges, and other federal firearm prohibitors under 18 U.S.C. § 922(g). However, federal firearm rights restoration is not automatic. The new process requires a detailed application, supporting records, character references, fingerprints, and an Attorney General decision that restoring the applicant’s firearm rights “would not be dangerous to public safety” and “would not be contrary to the public interest.”

Just as importantly, federal restoration does not automatically restore Oregon firearm rights. Likewise, restoring gun rights under Oregon law does not always answer every federal question. Anyone pursuing firearm rights restoration needs to understand both systems and how they interact.

Important timing note: The DOJ announced the new process on August 17, 2026. The final rule attached to the DOJ announcement states that the rule becomes effective 30 days after publication in the Federal Register, and that the Department will begin soliciting applications starting on that effective date. Anyone considering an application should confirm whether the DOJ application portal is open before relying on the new process.

How Does Someone Lose Their Federal Firearm Rights?

Federal law prohibits certain categories of people from possessing or receiving firearms or ammunition. These prohibitions are found primarily in 18 U.S.C. § 922(g). The DOJ’s new Federal Firearm Rights Restoration program states that individuals may apply if they are federally prohibited for one or more of the following reasons:

  • 1. A felony conviction, meaning a conviction for a crime punishable by more than one year in prison, under 18 U.S.C. § 922(g)(1); 
  • 2. Fugitive status under 18 U.S.C. § 922(g)(2); 
  • 3. Being an unlawful user of or addicted to a controlled substance under 18 U.S.C. § 922(g)(3); 
  • 4. Certain mental health adjudications or commitments under 18 U.S.C. § 922(g)(4); 
  • 5. Certain immigration-related prohibitions under 18 U.S.C. § 922(g)(5); 
  • 6. Dishonorable discharge from the Armed Forces under 18 U.S.C. § 922(g)(6); 
  • 7. Renunciation of United States citizenship under 18 U.S.C. § 922(g)(7); 
  • 8. Being subject to certain domestic violence restraining orders under 18 U.S.C. § 922(g)(8); and 
  • 9. A misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9).

 

[justice.gov]. Convictions for a felony in federal court, such as the U.S. District Court for the District of Oregon, are the most common convictions in Oregon positively affected by this rule change.

For Oregon residents, the most common federal firearm prohibitions usually involve felony convictions, misdemeanor domestic violence convictions, qualifying restraining orders, stalking orders, or firearm purchase denials connected to prior criminal history. Most convictions of this sort are convictions in state court. Oregon law also has its own firearm prohibitions, including prohibitions based on felony convictions, misdemeanor domestic violence or stalking convictions, permanent stalking protective orders, and temporary Family Abuse Prevention Act restraining orders.

The New Federal Firearm Restoration Procedure

The new federal procedure is based on 18 U.S.C. § 925(c). While the statute has been on the books since the 1990s, the procedure was left unfunded until 2025. 18 USC § 925(c) allows a person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition to apply to the Attorney General for relief from the federal firearm disability. The Attorney General may grant relief only if the applicant establishes that the circumstances regarding the disability, together with the applicant’s record and reputation, show that the applicant is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest.

The DOJ’s rule creates a new 28 CFR Part 107 titled “Relief from Disabilities Under the Gun Control Act.” It sets out application requirements, review criteria, presumptive disqualifiers, the scope of relief, application fees, reapplication rules, and provisions making relief void if obtained by fraud.

This is not an expungement procedure: This new procedure is not an expungement, nor is it a pardon. It does not erase the conviction or event that caused the firearm disability. Instead, it allows the person to restore their gun rights.

State gun restrictions may still apply: This procedure does not override state laws that restrict firearm possession. For example, completing this new procedure does not override Oregon’s enforcement of its gun possession prohibitions, like its felon-in-possession-of-a-firearm laws. This is why, as discussed below, many people will need to pair the DOJ gun rights restoration procedure with the Oregon gun rights restoration petition.

What the Federal Application Requires

The new federal application process is detailed and document-heavy. According to the final rule, an application must be submitted using the form and procedures established by the Attorney General and must include the information required by 28 CFR Part 107, plus any additional information the Attorney General deems appropriate. 

Individuals looking to apply for federal gun rights restoration need the following documents:

  • 1. A statement identifying all applicable federal firearm prohibitions under 18 U.S.C. § 922(g); 
  • 2. Written consent allowing the Department to obtain and examine background records, including employment, medical, military, and criminal records; 
  • 3. Electronic fingerprints or two properly completed FBI fingerprint cards; 
  • 4. For felony convictions, all charging documents, plea agreements, factual basis documents, presentence reports if applicable, judgments, and proof of sentence completion (typically from a supervising agency); 
  • 5. For mental health-based disabilities, all court or agency records, medical records sufficient to describe the underlying diagnosis or commitment, evidence of discharge or restoration, and a current certification from a licensed mental health professional; 
  • 6. For military-related disabilities, all discharge and court-martial records, including DD Form 214 and related military documents where applicable; 
  • 7. For misdemeanor domestic violence convictions, all charging documents, investigative reports, relationship information, judgment documents, proof of sentence completion, records of any civil rights restoration, and any domestic-violence-related police reports involving the applicant from the original arrest to the present; 
  • 8. Copies of applications and decisions from any state expungement, set-aside, firearm restoration, or civil-rights restoration procedure, where applicable; 
  • 9. Criminal history records from each state where the applicant has lived since turning 18 or for the last 25 years, whichever is shorter, and from each state where the applicant has been arrested during that period; 
  • 10. Military service records for active or reserve duty during the same time period; 
  • 11. Foreign criminal, medical, or military records if the foreign conduct would have required documentation had it occurred in the United States; 
  • 12. Three character-reference affidavits from people who are not related to the applicant by blood or marriage and who have known the applicant for at least three years; andApplicant affirmations under penalty of perjury addressing recent criminal conduct, drug use, alcohol abuse, mental health, character, threats of violence, suicide risk, public safety, and the truthfulness of the application. 

 

The final rule also sets an application fee of $30, subject to periodic review and possible waiver or reduction for indigency.

Presumptive Disqualifiers: When an Application Is Likely to Be Denied

The new federal process allows many people to apply, but it also creates “presumptive disqualifiers.” A presumptive disqualifier does not necessarily mean a person can never obtain relief, but either the person needs to wait the required period, or they can only obtain relief after demonstrating extraordinary circumstances.

The DOJ identifies 5 categories of disqualifiers: (1) current status disqualifiers, (2) permanent presumptive disqualifiers, (3) 10-year disqualifiers, (4) 5-year disqualifiers, and (5) reapplication disqualifiers. 

Current Status Disqualifiers under §107.50(c)

An application will be denied (absent extraordinary circumstances) if the applicant is currently awaiting sentencing, serving any part of a sentence, participating in a diversion or treatment program in place of conviction, or is a fugitive from justice. Basically, anyone still pending a criminal charge cannot seek relief under this procedure.

Additionally, anyone who is an unlawful user of or addicted to controlled substances other than marijuana, unlawfully present in the United States or present under certain nonimmigrant visa statuses, subject to certain domestic violence restraining orders, required to register as a sex offender based on a firearm-disqualifying offense, or subject to certain mental health-related disabilities where an available relief program has not been used or has denied relief. Therefore, someone who is currently addicted to drugs (typically proven based on a drug conviction in the last year), is an alien to the country, has an active domestic violence restraining order, is a registered sex offender for a felony or DV sex crime, or had their firearm rights revoked due to mental-health related disabilities and has not received relief from a firearm ban are also included in the current status disqualifying categories.

Permanent Presumptive Disqualifiers under § 107.50(a)

Certain felony convictions are considered “permanent presumptive disqualifiers,” meaning that the person cannot restore their gun rights absent extraordinary circumstances if their conviction falls within certain case types. These case types include felonies involving death, rape, sexual abuse, sexual assault, human trafficking, kidnapping, intimate partner or domestic violence, burglary, robbery, extortion, carjacking, arson, violent racketeering, gang-related offenses, maiming, assault, battery, stalking, escape or rescue of a person in custody, terrorism, witness tampering, or any other felony where the applicant brandished or discharged a firearm or used an explosive during the offense. 

There is significant overlap between the permanent presumptive disqualifiers under this rule and the bars to gun rights restoration under ORS 166.274; however, some of these permanent disqualifiers go further than Oregon’s law. For example, a person with a criminally negligent homicide conviction may, under certain circumstances, qualify for restoration under Oregon law but would not qualify under this federal procedure. 

Ten-Year Presumptive Disqualifiers under §107.50(b)(1)-(2)

The new rule creates 10-year presumptive disqualifiers for certain offenses, including felony drug trafficking conduct, threats of violence, explosives offenses, certain firearm or ammunition offenses, possession or discharge of a weapon on school property, animal abuse, and misdemeanor crimes of domestic violence. For misdemeanor domestic violence convictions, the 10-year period may restart if the applicant incurs another firearm disability or is arrested for certain violent or firearm-related conduct within the 10-year period. 

Five-Year Presumptive Disqualifiers under §107.50(b)(3)-(4)

The rule also creates 5-year presumptive disqualifiers for other felony convictions and for certain misdemeanor assault, battery, stalking, or threatened-violence offenses. 

Reapplication Disqualification

A person can also have their application denied if they previously applied for this relief and were unsuccessful. For example, prior denial based on a permanent presumptive disqualifier can affect later applications, and denial within the previous five years for other reasons may also create a reapplication barrier. 

Extraordinary Circumstances

The exception to the presumptive disqualifiers is the “extraordinary circumstances” term used throughout the rule. The final rule intentionally does not define “extraordinary circumstances.” In fact, in its explanation of why it did not define the term, the DOJ states that “[t]he very language of ‘extraordinary circumstances’ implies unforeseen and unusual circumstances and retaining the Attorney General’s statutory discretion to assess risk to public safety and whether relief would be contrary to the public interest is important for the Department.” The rule’s preamble identifies relevant factors, including the seriousness of the offense, the applicant’s age at the time of the offense, remorse and atonement, and an exceptionally long period of noncriminal conduct after the offense. 

The DOJ also recognized that some convictions may fall within a presumptively disqualifying category even though the underlying conduct may not show ongoing dangerousness. The final rule gives applicants an opportunity to explain the facts of the prior offense and provide reliable information showing why the conviction does not reflect a present risk to public safety. 

This highlights that individuals who fall within the presumptive disqualifiers have no opportunity to restore their rights; it simply means they face a higher hurdle to prove their gun rights should be restored. This is where a carefully prepared application matters. The paperwork is not just a formality. The applicant must present the right records, explain the relevant history, address presumptive disqualifiers, and show why restoration is consistent with public safety and the public interest. 

How Federal Firearm Rights Restoration Compares to Oregon Gun Rights Restoration

Oregon already has several ways to restore firearm rights under state law. Gunn & Gunn has written extensively about those procedures, including expungements under ORS 137.225, felony reductions under ORS 161.705, gun rights restoration petitions under ORS 166.274, and motions to vacate permanent stalking protective orders. 

The new federal procedure is different. It is a federal administrative application to the Attorney General, not a court petition filed in an Oregon circuit court. 

Oregon Restoration Procedures

Under Oregon law, the main post-conviction methods for restoring firearm rights include:

  • 1. A motion to set aside the conviction under ORS 137.225, commonly called an expungement or expunction; 
  • 2. A motion to reduce a Class C felony to a Class A misdemeanor under ORS 161.705; 
  • 3. A petition to restore firearm rights under ORS 166.274; and 
  • 4. A motion to vacate or set aside a permanent stalking protective order. 


A petition under ORS 166.274 is filed in the county where the petitioner resides, not necessarily where the conviction occurred. The petitioner must prove that they do not present a safety risk to themselves or the public. Gunn & Gunn’s existing Oregon blog post explains that these petitions often include a fingerprint-verified background check, character letters, and a declaration from the petitioner, and that complex cases may involve a psychological evaluation. 

The Oregon process usually involves service on the sheriff or chief of police, a court hearing, petitioner testimony, and a decision by an Oregon judge. If granted, a judgment is sent to the Oregon State Police so that the person’s background check can reflect that Oregon firearm rights were restored. 

Federal Restoration Procedure

The federal process is administrative, not a county court case. The application is submitted to the DOJ under the Attorney General’s procedures. The DOJ evaluates the applicant’s disability, criminal history, record, reputation, conduct after sentence completion, mental health, substance use, restraining orders, threats, public safety factors, and any information from law enforcement. 

The federal process requires three sworn character references and a broader record collection than a typical Oregon petition. It also contains detailed presumptive disqualifiers, including permanent, 10-year, 5-year, status-based, and reapplication presumptions. 

If federal relief is granted, the DOJ must publish notice of the grant of relief in the Federal Register, together with the reasons for the action. 

Key Differences Between Oregon and Federal Procedures

Issue Oregon Gun Rights Restoration Federal Firearm Rights Restoration
Where filed Usually Oregon circuit court, often in the petitioner’s county of residence for ORS 166.274 DOJ application to the Attorney General
Decision maker Oregon judge Attorney General or designee
Eligibility for relief Conviction cannot be a Ballot Measure 11 felony, or a person felony involving use or threatened use of a firearm or deadly weapon. Must wait at least one year after completing a felony sentence Any felony conviction or misdemeanor of domestic violence will fall within a category of presumptions that would deny relief, including permanent, 10-year, and 5-year presumptions, all of which could be overcome by proving extraordinary circumstances
Main standard Prove by clear and convincing evidence that the person does not present a safety risk to themselves or the public Demonstrate that the applicant is not likely to act in a manner dangerous to public safety and relief is not contrary to the public interest
Evidence Petition, background check, character letters, declaration, possible psychological evaluation Detailed federal application, fingerprints, criminal records, court records, references, state restoration records, military records, medical records when applicable
Law enforcement role Sheriff or chief of police is served and may respond DOJ may notify chief law enforcement officers and consider information supporting or opposing the application
Effect of relief Restores Oregon firearm rights if granted under Oregon law Relieves federal firearm disability but does not override Oregon law
Effect on other jurisdiction Oregon relief may or may not resolve every federal issue depending on federal law Federal relief does not automatically restore state or tribal firearm rights

Conclusion: A New Federal Path, But Not a Simple One

The new federal firearm rights restoration process is one of the most significant developments in gun rights restoration in decades. For people long prohibited under federal law, it may provide a meaningful path to restore Second Amendment rights. But the process is detailed, highly fact-specific, and filled with potential pitfalls. 

Oregon residents must be especially careful because they may need to address both Oregon law and federal law. A person may need an Oregon expungement, felony reduction, ORS 166.274 petition, stalking order motion, federal application, or some combination of those procedures. Filing the wrong procedure, applying too soon, or attempting to purchase a firearm before rights are fully restored can create serious legal problems. 

If you are unsure whether your gun rights have been restored, or if you were denied a firearm purchase after an old conviction, contact Gunn & Gunn. Our office can review your criminal history, determine whether Oregon or federal law still prohibits you from possessing or purchasing firearms, and help you decide which restoration procedure applies to your situation.

Call Gunn & Gunn today to schedule a consultation about Oregon or federal firearm rights restoration.

Written by Marcus A. Gunn, Attorney

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Updated August 18, 2026 by Marcus A. Gunn

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FAQ

Which Procedure Should I Use to Restore My Gun Rights?

The answer depends on why your firearm rights were lost.

Oregon state court convictions: If you have an Oregon state court felony conviction or Oregon state court misdemeanor domestic violence conviction, you will likely only need to follow a state-level restoration procedure. Depending on your conviction, you may seek to have the conviction set aside under ORS 137.225, reduced under ORS 161.705, or addressed through an ORS 166.274 gun rights restoration petition. Many Oregon convictions can be addressed through state procedures, and in some cases an Oregon expungement may resolve both the Oregon and federal disability issues because federal law contains exceptions for convictions that have been expunged, set aside, pardoned, or followed by certain civil-rights restorations. 

Federal court convictions, other state convictions: If you are an Oregon resident and your Oregon gun rights have been restored, but you still have a federal or other state prohibition, the new federal procedure is the companion procedure to the ORS 166.274 gun rights restoration petition. The DOJ’s final rule gives people a federal path to ask for relief when state-law procedures do not fully resolve the federal firearm disability.

I think I need to do a gun rights restoration, but don’t know where to start. What can I do?

If you have a prior conviction, restraining order, stalking order, mental health adjudication, military discharge, or other history that may affect your firearm rights, do not guess about your eligibility. Attempting to purchase a firearm when you are still prohibited can create the risk of new criminal charges. Before applying for state or federal restoration, you should consider gathering:

  • 1. Your Oregon State Police criminal history report if all criminal history is in Oregon;
  • 2. Your FBI Identity History Summary if you have any out-of-state or federal history;
  • 3. Certified or true copies of judgments, charging instruments, and sentence-completion records;
  • 4. Expungement, set-aside, reduction, or restoration orders;
  • 5. Any firearm purchase denial documents;
  • 6. Any restraining order, stalking order, or mental health-related records that may affect eligibility; and
  • 7. Character references who can honestly address your conduct, reputation, and public safety factors.

 

The exact records needed will depend on whether you are pursuing Oregon relief, federal relief, or both.

Does the new federal rule automatically restore gun rights?

No, restoration is not automatic and never guaranteed. Each application is reviewed individually and considers the person’s entire history, including the applicant’s record, reputation, and subsequent conduct. Remember, the analysis is whether the applicant is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest. 

Does federal restoration restore Oregon gun rights?

No. This new rule states that federal relief does not extend to independent tribal or state-law firearm disabilities. 

Does Oregon gun rights restoration restore federal gun rights?

Sometimes, but not always. Oregon procedures such as expungement, felony reduction, and ORS 166.274 petitions may affect federal analysis, but the result depends on the specific conviction, the procedure used, the timing, and whether federal law recognizes the state action as removing the conviction or restoring civil rights. Discuss this with an Oregon gun rights attorney.

I am an Oregon resident, but I have an old misdemeanor domestic violence conviction from California state court. Can I restore my gun rights?

Yes, you can. First, you can seek to restore your right to possess firearms under Oregon law through a gun rights restoration petition under ORS 166.274. Then, you can follow this new federal procedure to restore your right to possess a firearm under federal law. Contact Gunn & Gunn for a consultation regarding your specific circumstances (a consultation fee may apply).

I live in a state other than Oregon, and I was convicted in a jurisdiction outside of Oregon, but I want to restore my gun rights. Can Gunn & Gunn help?

No. Our law firm only has attorneys licensed to practice in Oregon. If you are an Oregon resident with an out-of-state or federal conviction, or you have an Oregon conviction, contact us. For example, we can’t help someone with a Texas felony conviction living in Texas.  Contact a gun rights attorney in the state where you live and the state where you were convicted.

Who can apply for federal firearm rights restoration?

The DOJ states that individuals federally prohibited under one or more categories in 18 U.S.C. § 922(g) may apply, including people prohibited because of felony convictions, domestic violence misdemeanors, certain restraining orders, certain mental health statuses, dishonorable discharge, renounced citizenship, fugitive status, certain immigration statuses, or unlawful drug use. 

Are there crimes that make federal restoration unlikely?

Yes. The final rule creates presumptive disqualifiers for serious violent felonies, some domestic violence offenses, certain firearm or explosives offenses, drug trafficking offenses, threats of violence, recent felony convictions, certain misdemeanor violent convictions, current criminal justice statuses, and certain reapplication situations. These presumptions may be overcome only with extraordinary circumstances. 

How much does the federal application cost?

The final rule sets the application fee at $30, with possible waiver or reduction based on indigency. That fee does not include the cost of fingerprints, court records, criminal history reports, or attorney fees.