For many people with a past criminal conviction or other federal firearm disability, losing the ability to legally possess a firearm can have consequences that extend well beyond the original case. It can affect hunting, recreational shooting, employment, and other aspects of everyday life.
The U.S. Department of Justice has now established a new process for certain individuals to apply for restoration of their federal firearm rights under 18 U.S.C. § 925(c).
The Department of Justice announced the final rule on August 17, 2026. The new process will be introduced in stages, making this an important time for individuals who may be eligible to begin preparing.
Federal law prohibits certain individuals from possessing, receiving, shipping, or transporting firearms or ammunition. In some circumstances, federal law provides a mechanism for the Attorney General to grant relief from those firearm disabilities.
The new DOJ process establishes procedures for individuals to apply for that relief under 18 U.S.C. § 925(c).
The Attorney General must determine whether the circumstances surrounding the firearm disability, together with the applicant’s record and reputation, demonstrate 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.
Importantly, federal firearm rights restoration is not the same thing as Pennsylvania firearm rights restoration. DOJ states that relief under § 925(c) only addresses specific federal firearm disabilities. If a person remains prohibited under Pennsylvania law or another applicable state law, federal restoration does not automatically eliminate that separate prohibition.
The DOJ is rolling out the new federal firearm restoration program in stages.
According to the Department’s Federal Firearm Rights Restoration website:
The DOJ has not yet released the online application itself. The Department identifies the forthcoming application as OMB Form #1123-0017.
Because the initial public application opportunity is limited, individuals who believe they may qualify should consider preparing their documentation before the application window opens.
The application process is expected to require significantly more than simply completing an online form.
The final rule identifies numerous categories of information that may be required, including records relating to criminal convictions, sentences, prior applications for expungement or restoration of rights, criminal history, military service, and other information relevant to the applicant’s eligibility.
For example, the final rule calls for documentation such as judgments of conviction, records relating to completion of sentences, documentation concerning prior efforts to expunge or set aside convictions or restore civil rights, and criminal record checks from jurisdictions in which an individual has lived or been arrested during the applicable period.
The DOJ process also includes character references and requires applicants to provide information concerning their character, reputation, criminal history, substance use, and other circumstances relevant to the Attorney General’s decision.
This means preparation can be an important part of the process.
Obtaining old criminal records can take time. Depending on the circumstances, an applicant may need to locate court records, police reports, sentencing documents, probation or parole records, evidence showing completion of a sentence, and documentation concerning previous attempts to obtain relief.
Character references also need to be approached carefully. The purpose is not simply to collect as many letters as possible. The information submitted should help demonstrate the applicant’s current character, reputation, stability, and why restoration would not present a danger to public safety.
A complete and carefully prepared application can help ensure that the Department has the information it needs to evaluate the request.
Eligibility will depend on the specific facts of an individual’s criminal history and current circumstances.
The final rule establishes several presumptive disqualifiers. These include certain individuals who are fugitives, certain unlawful users of or persons addicted to controlled substances, certain individuals unlawfully or temporarily in the United States, and certain individuals subject to qualifying protective or restraining orders. The rule also establishes presumptions concerning certain criminal conduct and other circumstances.
The rule does provide for extraordinary circumstances in which an individual may overcome certain presumptions, making an individualized review of the person’s circumstances particularly important.
Having a criminal conviction does not necessarily mean that a person should assume they are automatically eligible or automatically ineligible. The details matter.
Chieppor & Egner can assist individuals in reviewing their criminal history and preparing for the federal firearm rights restoration process.
Our attorneys can help you:
Chieppor & Egner’s attorneys have extensive experience handling criminal matters and helping clients address the consequences of past criminal convictions. The firm also already assists clients with firearm rights restoration matters in Pennsylvania.
The DOJ’s process is designed to allow individuals to apply for relief, but applicants are responsible for providing the information necessary for the government to evaluate their request.
For someone with a complicated criminal history, multiple convictions, records in different jurisdictions, or prior attempts to obtain relief, gathering and organizing the necessary information can be a substantial undertaking.
An attorney can help identify potential issues before an application is submitted and help ensure that relevant documentation is assembled and presented appropriately.
The attorneys at Chieppor & Egner can review your circumstances and help you determine what steps may be appropriate.
If you live in Lancaster County or elsewhere in Pennsylvania and have lost your ability to legally possess a firearm because of a prior conviction or another federal firearm disability, the new DOJ process may provide an important opportunity to seek relief.
However, federal restoration does not automatically eliminate a separate Pennsylvania firearm prohibition. Because both federal and Pennsylvania law can affect firearm possession, it is important to understand which restrictions apply to your specific situation before assuming that your firearm rights have been fully restored.
The DOJ has announced that when the public application period begins, the first 5,000 candidates will be permitted to apply. The Department has indicated that the program will expand after that initial group, but the staged rollout means people who may qualify should not wait until the last minute to begin preparing.
If you believe you may qualify for federal firearm rights restoration, now is the time to start gathering your records and discussing your situation with an attorney.
The federal firearm rights restoration process is new, and the application requirements are detailed. Chieppor & Egner can help you understand the process, review your circumstances, gather the necessary documentation, and prepare an application for consideration by the Department of Justice.
Contact Chieppor & Egner at 717-393-1400 to schedule a consultation about federal firearm rights restoration and your options under Pennsylvania and federal law.
This page provides general information about the federal firearm rights restoration process and is not legal advice. The DOJ process and application requirements may change as the program is implemented.
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