The U.S. Department of Justice has taken a major step toward providing an official federal process for restoring firearm rights to individuals previously barred under federal law. On Friday, July 18, 2025, the DOJ issued a formal proposal to establish a clear application process for individuals with certain nonviolent felony convictions to seek relief and regain their Second Amendment rights.
This proposal follows the DOJ’s March decision to withdraw the ATF ‘s authority from the firearm rights restoration process, placing that authority directly under the Attorney General. At that time, the Department indicated a new regulatory framework was forthcoming—and that framework has now been introduced.
Through this proposal, the DOJ lays out a criteria-driven process that would allow individuals to apply for the restoration of their federal firearm rights—provided they can demonstrate they are not a danger to public safety and that granting relief would not be contrary to the public interest.
The rule is now open for a 90-day public comment period. Once finalized, the DOJ is expected to begin accepting and reviewing applications.
A Long-Awaited Pathway for Relief
Since 1992, the federal government has been barred by Congress from spending funds to process applications under § 925(c). As a result, individuals who became prohibited persons under federal law—including many with decades-old, nonviolent convictions—had no federal mechanism to restore their rights.
This proposal comes in response to a growing number of recent constitutional challenges arguing that permanently banning nonviolent felons from owning firearms violates the Second Amendment. Citing key rulings in District of Columbia v. Heller (2008), New York State Rifle & Pistol Ass’n v. Bruen (2022), and United States v. Rahimi (2024), courts have increasingly questioned the validity of 18 U.S.C. § 922(g)(1), which broadly prohibits felons from possessing firearms.
Under this new rule, authority would reside with the Attorney General instead of the ATF. The DOJ has proposed a detailed structure to assess applications, making it clear that relief is not automatic but available to those who can demonstrate they are not a threat to public safety and that restoring their rights would not be contrary to the public interest.
Who Qualifies—and Who Doesn’t
The proposed rule offers a long-awaited path to rights restoration for individuals who have served their time, remained law-abiding, and are able to demonstrate rehabilitation. That includes people with old felony drug convictions, nonviolent offenses, or certain misdemeanors, such as domestic violence convictions that are more than ten years old and no longer tied to active supervision.
But the DOJ is also drawing firm lines around who will qualify. The rule establishes presumptive disqualifications for individuals with violent convictions, those currently under criminal supervision/parole, and those with recent convictions for offenses tied to public safety risks—including drug trafficking and domestic violence. Applicants who fall into these categories will face an uphill battle unless they can prove extraordinary circumstances.
For others, the proposal offers time-based eligibility thresholds. Applicants with prior drug distribution or domestic violence convictions must wait 10 years from the completion of their sentence before applying. For most other felony convictions, a 5-year waiting period applies. Even after these timelines, applicants must still prove they no longer pose a risk.
A More Comprehensive Review Process
One of the most significant changes is the DOJ’s departure from the rigid “categorical approach,” which courts use in other federal statutes to evaluate criminal records. Instead of focusing solely on the legal definition of the offense, the DOJ proposes a broader, more practical assessment of the applicant’s actual conduct, rehabilitation, and current behavior.
Applicants must submit documentation of their conviction, sentencing, completion of supervision, and personal references. The DOJ will also notify local law enforcement to gather input during the review. A $20 application fee will apply, with waivers available for those who qualify as indigent.
The DOJ estimates that over 1 million individuals may apply in the first year.
What This Means for You
This proposed rule is the most significant movement on federal gun rights restoration in decades. It offers a legitimate, structured path forward for individuals who have completed their sentence, maintained a clean record, and can demonstrate a stable and law-abiding life.
The public has 90 days from the date of publication in the Federal Register to submit comments on the rule. Once the comment window closes and the final rule is published, the DOJ will begin accepting applications.
It is important to remember that this new proposed rule affects federal firearm rights only. State-level restrictions may still apply and must be addressed separately. Additionally, a grant of relief may be revoked if the applicant commits a new disqualifying offense.
Contact Us To Get Started
For individuals in Michigan and across the country who have lived under the weight of a federal firearm prohibition—with no path forward—this rule could be the turning point. At The Law Offices of Barton Morris, we are preparing to represent individuals seeking restoration under this rule the moment it becomes active. Our firm has helped hundreds navigate complex firearm restoration cases and can help determine if you qualify under the new federal process.
If you believe you may qualify—or aren’t sure and want clarity—contact our office today for a consultation. We can help assess your eligibility and prepare you to take advantage of this long-awaited opportunity.
Read More About Michigan Firearm Rights
- DOJ Announces Major Shift for Gun Rights Restoration for Non-Violent Felonies
- For more information on how we help you with firearm rights restoration.
- Michigan’s Red Flag Law — A Threat to Your Second Amendment Rights
- Learn about how Michigan’s Clean Slate Law may affect your firearm rights.
- Understand Your Concealed Carry Rights After a Domestic Violence Conviction
- Michigan Firearm Restoration Proceedings
- What if a Felon Wants to Carry a Firearm to Hunt?