Home » Justice Department Launches New Federal Process for Restoration of Firearm Rights

Justice Department Launches New Federal Process for Restoration of Firearm Rights

Juris Review Contributor

The U.S. Department of Justice announced a significant change in federal firearms law on August 17, 2026, with the launch of a new process allowing certain individuals who are prohibited from possessing firearms to apply for restoration of their federal firearm rights.

The initiative follows the Justice Department’s finalization of a federal regulation establishing criteria and procedures for reviewing applications under 18 U.S.C. § 925(c). The statute gives the Attorney General authority to grant relief from certain federal firearms disabilities when the statutory requirements are satisfied.

The Justice Department said the new process is intended to provide an individualized review while maintaining public-safety considerations. The announcement represents the revival of a federal administrative pathway that had been largely unavailable for more than three decades.

A Long-Standing Federal Authority

Section 925(c) has existed as a mechanism for individuals seeking relief from certain federal restrictions on firearm possession. However, the Bureau of Alcohol, Tobacco, Firearms and Explosives had been unable to process these applications for many years because of congressional funding restrictions that began in 1992.

As a result, although the statutory authority remained on the books, there was no functioning federal administrative process through which most eligible individuals could seek relief.

The Justice Department began developing a new system to address that gap. The Office of the Pardon Attorney was assigned responsibility for developing and administering the federal firearm-rights restoration initiative.

The department’s new rule establishes the framework for reviewing applications and determining whether relief should be granted.

Individual Review Rather Than Automatic Restoration

The new process does not automatically restore firearm rights to people who have previously lost them.

Instead, eligible individuals must apply and undergo an individualized review. The Justice Department’s framework requires consideration of information relevant to the applicant’s history, circumstances, and potential risk to public safety.

The department has indicated that the review will consider whether an applicant is unlikely to pose a danger to public safety if permitted to possess firearms and whether granting relief would be consistent with the public interest.

This distinction is important because the new process creates an opportunity to request relief but does not guarantee approval.

Applicants must therefore satisfy the applicable federal requirements before their federal firearm disability can be removed.

The Role of the Justice Department

Under the new system, the Justice Department’s Office of the Pardon Attorney will oversee the restoration process.

The office has been developing the infrastructure needed to receive, investigate, and evaluate applications. The department has also described plans for an online system intended to make the application process more accessible.

The federal government’s decision to establish a functioning process is significant because the previous system had been inactive for decades. According to Justice Department budget documents, the department estimates that more than 25 million people may be prohibited from possessing firearms under federal law because of prior felony convictions, although the number of individuals who could ultimately qualify for relief is substantially narrower.

The existence of a federal prohibition does not, by itself, establish eligibility for restoration. Each applicant’s circumstances must be considered under the applicable federal standards.

Federal and State Laws Remain Separate

Another important feature of the new process is the distinction between federal and state firearm restrictions.

Restoration under Section 925(c) concerns specific federal firearm disabilities. It does not automatically eliminate an independent prohibition imposed by state law.

Consequently, an individual who receives federal relief could still be subject to separate restrictions under the laws of the state where that person lives or possesses firearms.

This distinction makes the legal framework more complex than a simple restoration of all firearm rights. Applicants must consider both federal and state requirements applicable to their circumstances.

Why the Announcement Matters

The Justice Department’s August 17 announcement is notable because it turns a long-dormant statutory authority into an operational federal process.

For decades, individuals affected by certain federal firearm prohibitions generally lacked a functioning administrative mechanism through which they could seek relief under Section 925(c). The new framework changes that situation by establishing procedures through which qualifying applicants can ask the federal government to review their circumstances.

The development also illustrates how existing federal statutes can remain relevant even when administrative procedures for implementing them have been inactive. By establishing new regulations and an application process, the Justice Department is putting Section 925(c) into practical operation.

For legal professionals and members of the public, the key point is that the initiative creates a pathway to request federal relief, not an automatic restoration of firearm rights.

Individuals considering an application will need to determine whether they fall within the scope of the federal process and whether separate federal or state restrictions apply to them.

The Justice Department’s action on August 17 therefore represents a notable development in federal legal administration. After more than 30 years in which the statutory relief mechanism was largely unavailable, the federal government has established a new framework for evaluating applications for restoration of certain federal firearm rights, with individualized review and public safety remaining central to the process.

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