New Federal Process for Restoring Firearm Rights: What You Need to Know

A new Department of Justice rule gives certain individuals a way to regain federal firearm rights after a criminal conviction or another disqualifying event. On August 17, 2026, Attorney General Todd Blanche announced a new application process that reopens a path to relief that had been effectively unavailable for more than 30 years.

The change could offer an important opportunity for people who have completed their sentences, avoided further criminal activity, and shown they no longer pose a danger to public safety. However, the restoration of gun rights isn’t automatic, and that means not everyone will qualify.

What Is the New Federal Firearm Rights Restoration Process?

The new process allows eligible individuals to apply directly to the Department of Justice for relief from federal firearm restrictions. Under 18 U.S.C. § 925(c), the Attorney General can restore firearm rights if an applicant demonstrates that restoring those rights would not threaten public safety or conflict with the public interest.

Federal law prohibits certain individuals from possessing firearms or ammunition. Congress created a process for obtaining relief, but beginning in 1992, funding restrictions prevented the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from processing individual applications. As a result, the relief process remained effectively closed for decades.

The new rule shifts responsibility to the Department of Justice’s Office of the Pardon Attorney. That office reviews applications and investigates whether applicants meet the requirements for restoration.

Who Qualifies to Have Federal Firearm Rights Restored?

A person prohibited from possessing firearms under federal law may qualify for restoration if they can show they don’t pose an unacceptable risk to public safety. However, the government examines each applicant’s criminal history and other circumstances before deciding.

People with older, nonviolent convictions may have a stronger case for relief, particularly if they have completed their sentences and maintained a clean record for many years.

The Department of Justice has also established presumptions against granting relief to certain applicants. These include people with violent felony convictions, registered sex offenders, and certain individuals whose conduct or legal status raises significant public safety concerns.

How Do You Apply to Restore Your Federal Firearm Rights?

Under this new process, you’ll need to submit an application through the Department of Justice’s Federal Firearm Rights Restoration Program and provide information supporting your eligibility. This process includes the following steps:

Gather Your Criminal and Court Records

Applicants must provide relevant information about the events that caused their federal firearm prohibition. Depending on the circumstances, that may include court judgments, sentencing records, proof of sentence completion, and other documents.

Complete the Application and Background Requirements

The application process requires identifying information, relevant background details, electronic fingerprints, and character references. Applicants must also provide supporting documentation required for their particular circumstances.

Demonstrate Rehabilitation and Good Conduct

The government evaluates whether your history and current circumstances support restoring your firearm rights. Evidence of steady employment, community involvement, compliance with legal obligations, and an extended period without criminal activity may strengthen an application.

Wait for the Final Decision

The Office of the Pardon Attorney reviews the application and may request additional information. The Attorney General or an authorized designee ultimately determines whether to grant relief.

An approval removes the applicable federal firearm disability covered by the decision. If the government denies the application, you may have options for judicial review or a later application, depending on the circumstances.

Does Federal Restoration Also Restore Your Gun Rights in Louisiana?

While this process can directly affect your rights at the federal level, it doesn’t automatically remove restrictions imposed by Louisiana law. Even if the Department of Justice approves your application, you’ll still need to determine separately whether Louisiana permits you to possess a firearm.

Louisiana law prohibits certain individuals with qualifying convictions from possessing firearms or carrying concealed weapons. The statute includes specific exceptions and provisions affecting when the prohibition applies. The law also provides mechanisms to restore firearm rights, depending on the conviction.

The distinction between state and federal law matters, since you could regain federal firearm rights but remain prohibited from possessing a firearm under state law.

Before purchasing or possessing a firearm, you should have a criminal defense attorney review both sets of restrictions. Approval from one government does not guarantee the other government’s prohibition has ended.

Frequently Asked Questions

Does the new rule automatically restore firearm rights after a felony conviction?

No. Eligible individuals have to apply for restoration and receive approval. Completing a sentence or maintaining a clean criminal record does not automatically remove a federal firearm prohibition.

Can someone with a violent felony conviction apply?

It’s possible, but the new rule establishes a strong presumption against relief for violent offenders.

Does firearm rights restoration erase a criminal conviction?

No. Restoration removes the applicable federal firearm restriction but does not expunge the conviction.

Can you possess a firearm while your application is pending?

No. Filing an application does not suspend your existing firearm restrictions.

How Can a Criminal Defense Attorney Help Restore Your Firearm Rights?

The new federal process creates an opportunity for eligible applicants, but the government will carefully review your criminal history and supporting documents before deciding whether you qualify. Our firm can help you understand the requirements and avoid mistakes that could jeopardize your application.

Contact a Louisiana Criminal Defense Attorney

A past conviction doesn’t necessarily mean you have to lose your federal firearm rights forever. The new Department of Justice process may give you the chance to show you can responsibly possess firearms again.

The Harville Law Firm is here to advise you on your rights, and we look forward to advocating for you in the future. Reach out today to learn how we can help.