DOJ Sets Start for Federal Firearm Rights Restoration Program

The Justice Department has formally published its final rule for restoring federal firearm rights, putting an effective date on a process that has been practically unavailable for more than three decades. The rule takes effect on September 21, 2026, and creates a new Part 107 in Title 28 of the Code of Federal Regulations.

Who can apply?

The program is for people currently prohibited under one or more categories in 18 U.S.C. § 922(g). That includes people prohibited because of a felony conviction, fugitive status, unlawful controlled-substance use, certain mental-health findings, certain immigration statuses, a dishonorable discharge, renunciation of U.S. citizenship, a qualifying domestic-violence restraining order, or a misdemeanor domestic-violence conviction.

Being allowed to apply does not mean an applicant may possess a firearm or is likely to receive relief. Some current conditions, including fugitive status and unlawful drug use, create a presumption against approval unless the applicant can show extraordinary circumstances.

The authority itself is not new. Section 925(c) already allowed a prohibited person to ask the Attorney General for relief. Congress has barred ATF from spending appropriated funds to process individual applications since 1992, however, which left the statutory door in place while putting a filing cabinet in front of it.

A staged opening

DOJ's program page says the rollout will begin with invited applicants on September 25. The portal is scheduled to open to the first 5,000 public applicants on November 4. Another 500 public applications are scheduled for January 4, 2027, when DOJ says it will begin collecting the $30 application fee. The online form is still marked “coming soon.”

Applicants should expect more than a short questionnaire. Depending on the federal prohibition involved, DOJ may require court records, criminal-history reports, military or mental-health documents, electronic fingerprints, and affidavits from three qualified character references. The rule allows the Attorney General to consider criminal history, conduct while incarcerated or supervised, time since completion of sentence, drug use, threats, restraining orders, mental health, and information from local law enforcement.

The rule also establishes presumptions against relief. Certain violent offenses and other serious conduct carry a presumption without a time limit. Drug-trafficking offenses and some firearm-related conduct generally carry a 10-year period, while other felony convictions generally carry five years. These are presumptions, not automatic statutory exclusions; the rule permits an applicant to argue extraordinary circumstances.

Federal relief only

A grant removes only the federal disability covered by the application. It does not cancel an independent state or tribal prohibition, and it does not excuse firearm possession before relief is granted. DOJ says successful applicants will receive a decision letter, the FBI will update NICS, and the grant will be published in the Federal Register.

This is an administrative process, not a blanket restoration of rights. Anyone considering an application should read the final rule and current DOJ instructions carefully and seek qualified legal advice about federal, state, and local restrictions. For now, the calendar is set, but the public application portal is not yet open.