With Little Fanfare, Justice Dept. Publishes Final Rules For Firearm Rights Restoration Program Ahead Of Its September Start Date
Question
Who will benefit from the U.S. Justice Department's new firearm rights restoration program?
The Justice Dept. new rules largely target individuals who were convicted of a felony or other disqualifying crime under federal law.
The new rules go into effect on September 21, 2026. There is a $30 filing fee to apply.
The most likely beneficiaries of the new program are those convicted of crimes that are subject to either a 10-year or 5-year waiting period (running from the end of one's sentence).
Applicants who are denied relief must wait a minimum of 5 years before reapplying.
In February 2025, then U.S. Attorney Pam Bondi announced with great fanfare that her department intended to reestablish a process for individuals to petition to have their gun rights restored for federal crimes. In July 2025, proposed rules for the process were published.
Now those rules have been finalized and will officially go into effect starting September 21, 2026.[1] See 27 C.F.R. Part 107 (titled Relief From Disabilities Under the Gun Control Act).
Background
In most cases, the reason why someone in the United States loses their gun rights under federal or state law is due to certain criminal convictions.[2]
Despite more than a decade of U.S. Supreme Court rulings broadening the scope of the Second Amendment’s “right to bear arms” clause, the Court has repeatedly declined to remove felony convictions from the list of disqualifying factors.
Just a few months ago, the Supreme Court reaffirmed its unwillingness to restore gun rights to convicted felons in a case that dealt with the question of whether an occasional cannabis user should be stripped of their gun rights for being an “unlawful user of” a controlled substance. U.S. v. Hemani, 608 U.S. ___ (June 18, 2026).
The Court held that the use of cannabis was not grounds to revoke someone’s gun rights – rejecting the federal government’s argument. The Court went on to caution that its ruling was narrow. “We do not address 18 U.S.C. §922(g)(1)’s provision disarming individuals convicted of felonies (often including drug-related one).”
In Hemani, the defendant’s gun rights were revoked due to his own admission he used cannabis every other day. He did not have a felony drug conviction.
Who’s Eligible for Firearm Rights Restoration Under Justice Dept. Rules?
The Justice Department rules divide impacted individuals into five categories – referred to as “presumptive disqualifiers.” Two of the five categories include individuals who are not currently eligible to apply for reinstatement of their gun rights:
Ø Applicant’s Current Status (someone awaiting sentencing or still serving a sentence for a disqualifying offense, sex offender registrant, someone subject to a restraining order/order of protection involving an intimate partner or that partner’s child); or
Ø Reapplication (seeking to reapply less than five years after a previous denial.
The third category identifies crimes that are deemed permanently disqualifying absent extraordinary circumstances. What qualifies as extraordinary circumstances is left open ended aside from saying applicants will receive an individualized determination. The criminal offenses under this category include:
Ø Causing the death of a person
Ø Rape, sexual abuse or assault
Ø Human trafficking
Ø Felony intimate partner/domestic violence
Ø Burglary
Ø Robbery
Ø Extortion
Ø Carjacking
Ø Arson
Ø RICO crimes
Ø Gang-related offenses
Ø Felony maiming, assault or battery
Ø Felony stalking
Ø Escape from custody (or aiding in release of someone from custody)
Ø Terrorism
Ø Witness tampering
Ø Felony discharge of a firearm or explosive devise
The forth category identifies crimes that require at least a 10-year waiting period (from completion of one’s sentence) before being considered eligible to apply for firearm rights restoration. The criminal offenses under this category include:
Ø Drug trafficking (e.g., manufacture, delivery)
Ø Threats of violence
Ø Manufacture/possession/transfer or use of explosives
Ø Certain firearm/ammunition-related crimes
Ø Possession or discharge of a firearm on school property
Ø Felony animal abuse
Ø Domestic violence (misdemeanor)
The fifth category identifies crimes that require at least a 5-year waiting period (from completing one’s sentence) before being considered eligible to apply for firearm rights restoration:
Ø Any felony crime not listed under the two previous categories
Ø Misdemeanor assault, battery, stalking, or threatened acts of violence.
Application Process
The Justice Department’s website has yet to post the application form. Presumably, the form will be available sometime next month.
In the meantime, the website outlines what information must be submitted with the application form (e.g., fingerprints, character references, certified court records), along with a $30 application fee. Applications will be reviewed by the Justice Department’s Pardon Office.
It is important to keep in mind that the Justice Department’s rules apply to individuals convicted under federal law. As the Justice Department noted in its press release (announcing publication of final rules): “Any relief granted under the rule removes only applicable federal firearms disabilities and does not override independent restrictions imposed by state law.” (Emphasis added.) In other words, if an individual’s gun rights were revoked due to a state law conviction, s/he needs to seek restoration relief under that state’s guidelines.[3]
Closing Thoughts
Time will tell how many people will benefit from the Justice Department’s new firearm restoration program. The Department claims that as many as 30 million Americans have been granted a pathway to regaining their Second Amendment rights.
Given the Trump Administration’s penchant for exaggerating the number of things, the proof will be in the pudding.
[1] Even though the firearms restoration rules haven’t gone into effect yet, news reports earlier this year identified at least 32 people who had their gun rights reinstated by the Justice Department.
[2] While there are other reasons why gun revoked are revoked (e.g., substance abuse, mental health-related disability), this article will focus on the procedures for restoration due to a criminal conviction.
[3] In Illinois, there are three ways an individual can reinstate his or her gun rights. Which remedy to use depends on the nature of the offense. If convicted of a forcible felony, one can apply for a pardon or file a petition in state court (provided more than 20 years have past since the end of their sentence) and ask a judge to order the Illinois State Police to issue him/her a FOID card. 430 ILCS 65/10(a).
Juvenile offenders and those convicted of certain felony crimes (e.g., Class 3 and 4 drug offenses, theft, criminal damage to property) may seek relief from the F.O.I.D. Card Review Board, apply for a pardon, or file a petition in state court (non-forcible felony convictions do not have a 20-year waiting period to file). 430 ILCS 65/10(c).
For those felony or misdemeanor convictions not eligible for review by the Review Board a pardon or filing a petition in state court (absent 20-year waiting period) are an individual’s remedies. Please be advised that Gov. J.B. Pritzker has chosen not to reinstate gun right through the pardon process.