Federal relief from firearms disabilities is available, but the route depends on why you’re prohibited and where the underlying case was decided. For most people convicted in state court, the practical path runs through state expungement, a set-aside, a pardon, or a restoration of civil rights. For federal convictions, a presidential pardon has long been the only reliable option, though the Department of Justice began processing federal relief applications directly in 2025 after a three-decade freeze. Military discharges, mental health commitments, and domestic violence misdemeanors each have their own procedures. And after the Supreme Court’s Bruen decision, some people are winning as-applied constitutional challenges in federal court.
Pick the route that matches your disability. The rest of this article walks through each one.
The Federal Application Under Section 925(c)
The federal statute at 18 U.S.C. § 925(c) lets any prohibited person apply to the Attorney General for relief. The standard is whether the applicant’s record and reputation show they aren’t likely to be a danger to public safety and whether relief would be contrary to the public interest. A denied applicant can seek judicial review in federal district court.1Office of the Law Revision Counsel. 18 USC 925 – Exceptions: Relief from Disabilities
That’s the statute. The reality is that the process has been essentially frozen since 1993. Every year since fiscal year 1993, Congress has included appropriations language barring ATF from spending money to process individual relief applications, and since fiscal year 1994 a separate rider has prevented ATF from transferring the authority elsewhere. ATF returns individual applications unprocessed. Only corporations can currently apply through ATF.2Bureau of Alcohol, Tobacco, Firearms and Explosives. Application for Restoration of Firearms Privileges
In 2025, the Department of Justice moved to work around the ATF funding ban by withdrawing ATF’s delegation of § 925(c) authority and having the Attorney General’s office process applications directly. A proposed rule published in July 2025 would set formal criteria and build processing infrastructure inside DOJ, with estimated costs of about $20 per application.3Federal Register. Application for Relief from Disabilities Imposed by Federal Laws with Respect to the Acquisition By February 2026, the Attorney General had begun granting relief to specific individuals, with results published in the Federal Register as § 925(c) requires.4Federal Register. Granting of Relief Federal Firearms Privileges
Members of Congress have objected that DOJ is circumventing the appropriations riders and have formally called for the rule to be withdrawn.5United States Senate Committee on Appropriations. Lawmakers Call on DOJ to Withdraw Unlawful Rule Enabling DOJ to Help Violent Criminals Regain Firearms in Defiance of Decades-Old Appropriations Law Whether the DOJ process survives congressional or judicial challenge is unresolved. Check its current status before investing in an application, because it could be reversed.
State Restoration for State Convictions
If your firearms disability comes from a state conviction, four state-level actions can erase the federal consequences: expungement, having the conviction set aside, a pardon, or a restoration of civil rights. There is one condition attached to all four. If the pardon or restoration order expressly says you still can’t possess firearms, the federal disability remains.6Office of the Law Revision Counsel. 18 USC 921 – Definitions
The controlling law is always the state where the conviction happened, not where you live now. Convicted in Ohio but living in Florida? Ohio law determines whether your rights have been restored for federal firearms purposes.7United States Department of Justice. Criminal Resource Manual 1435 – Post-Conviction Restoration of Civil Rights States differ widely on procedure. Some automatically restore civil rights when the sentence ends, others require a petition, and some have no formal mechanism.
One point trips people up. A general restoration of civil rights like voting or jury service doesn’t necessarily restore firearms rights. The question is whether the convicting state permits you to possess firearms under its own laws after the restoration. If the state still bars you from having guns, the federal disability survives even if all your other civil rights are back.
Federal Convictions Need Federal Relief
State restoration only works for state convictions. If your disability comes from a federal conviction, the Supreme Court held in Beecham v. United States that only federal law can remove it. A state pardon or state civil rights restoration won’t help.8Justia Law. Beecham v United States, 511 US 368 (1994)
The most reliable option remains a presidential pardon. A pardon that doesn’t expressly restrict firearms possession removes the federal firearms disability. Applications go through the Office of the Pardon Attorney at the Department of Justice. The process is slow, years-long waits are common, and grant rates are low. Even so, for many people with federal convictions this is the clearest path unless DOJ’s § 925(c) program becomes fully operational and survives challenge.
Domestic Violence Misdemeanors
A misdemeanor domestic violence conviction is a disabling offense if it involved the use or attempted use of physical force, or the threatened use of a deadly weapon, against a spouse, former spouse, co-parent, cohabitant, or dating partner.9Legal Information Institute. 18 USC 921(a)(33) – Misdemeanor Crime of Domestic Violence
Relief follows the same expungement, set-aside, pardon, or civil rights framework as other convictions. There’s a common trap here: many states don’t strip civil rights for misdemeanor convictions in the first place. If you never lost your civil rights, there’s nothing to restore, so the restoration exception doesn’t apply. In those situations, expungement or a pardon may be the only effective route.10United States Department of Justice. Restrictions on the Possession of Firearms by Individuals Convicted of a Misdemeanor Crime of Domestic Violence
There is also a procedural safeguard worth checking before pursuing relief. A domestic violence conviction only counts as disabling if the person was represented by counsel or knowingly waived that right, and if they had a right to a jury trial, either had one or knowingly waived it.9Legal Information Institute. 18 USC 921(a)(33) – Misdemeanor Crime of Domestic Violence If neither condition was met at the original case, the conviction may not trigger the federal bar at all.
Mental Health Commitments
Someone formally committed to a mental institution or adjudicated as mentally incompetent faces a disability with its own relief framework. The NICS Improvement Amendments Act of 2007 lets states build “relief from disabilities” programs for this category. To qualify for federal recognition, a state program must let affected individuals apply, grant relief through a court or authorized body using due process, apply the same danger-and-public-interest standard as the federal statute, and give applicants a right to full judicial review of any denial.11GovInfo. NICS Improvement Amendments Act of 2007
Not every state has a qualifying program. Where one exists and relief is granted, the NICS database should be updated to reflect that the person is no longer prohibited. Where no state program exists, the options narrow to the federal administrative path or a constitutional challenge.
Upgrading a Dishonorable Discharge
A dishonorable discharge triggers a firearms disability, and upgrading the characterization removes it. Each service branch has a Discharge Review Board for cases within 15 years of discharge, and a Board for Correction of Military Records for older cases or ones the review board couldn’t resolve. Applicants file DD Form 149 and should expect processing times up to 12 months. If the characterization is changed, a new DD Form 214 is issued and the disability falls away.12Army Review Boards Agency. Army Review Boards Agency
For firearms purposes, the line is between a dishonorable discharge and everything else. An “other than honorable” discharge doesn’t trigger the federal bar. Upgrading from dishonorable to other-than-honorable is enough to restore gun rights, even without reaching a fully honorable characterization.
Constitutional Challenges After Bruen
The Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen changed how courts evaluate firearms regulations. Courts now ask first whether the regulated conduct falls within the Second Amendment’s plain text, then whether the government can show the regulation is consistent with the nation’s historical tradition of firearms regulation. This has opened space for as-applied challenges, arguing that even if a firearms ban is constitutional in general, it isn’t constitutional as applied to a particular person.
The Third Circuit’s decision in Range v. Attorney General is the leading example. Range had been convicted of making a false statement to obtain food stamp benefits, a nonviolent offense. The court held that his conviction didn’t justify a lifetime firearms ban because the government couldn’t show that historically the nation’s firearms laws disarmed people like him. Disarming someone whose offense posed no threat to physical safety or government stability went beyond what historical tradition supports.13United States Court of Appeals for the Third Circuit. Range v Attorney General, No 21-2835
Federal appeals courts are split. The Third, Fifth, and Sixth Circuits have allowed as-applied challenges to the felon-in-possession statute, meaning nonviolent offenders with old convictions can argue their individual circumstances don’t justify a lifetime ban. The Second, Fourth, Eighth, Ninth, Tenth, and Eleventh Circuits have held the ban constitutional as applied to all felons regardless of offense. The Supreme Court has not yet resolved the split. Where you live matters. A case with sympathetic facts will still lose in the wrong circuit.
Fixing an Erroneous NICS Denial
Sometimes the disability isn’t real, and a background check simply matched the wrong record. If you’re denied when trying to purchase a firearm and believe the denial is based on incorrect information, you can appeal to the FBI. Start by requesting the reason for the denial in writing. The FBI won’t provide it by phone. You’ll need your full name, mailing address, and the NICS Transaction Number or State Transaction Number from the failed purchase. The Appeal Services Team provides the general reason within five business days of receiving your request.14Federal Bureau of Investigation. NICS Guide for Appealing
From there you can challenge the accuracy of the record or submit evidence that your rights have been restored. Including a fingerprint card helps confirm the FBI is looking at the right person. Mistaken identity is a common cause of erroneous denials. If the Appeal Services Team can’t resolve the issue, they’ll refer you to the agency that maintains the underlying record so you can correct it at the source.
Preparing a State Petition
For the many people whose best route is a state court or pardon board, preparation matters. Start by obtaining a complete criminal history record from the relevant law enforcement agency. That gives you exact case numbers, statutes of conviction, and sentencing dates the court or board will need. Get proof that you completed every part of your sentence, including probation, parole, restitution, and community service.
Beyond the paperwork, decision-makers look for evidence that you’ve moved past the conduct behind the disability. Employment records, community involvement, and character references from people who actually know you carry more weight than generic statements. Letters from employers, religious leaders, or community members who can speak to your current character are the useful kind. Most jurisdictions provide a specific petition form asking for biographical information and a detailed history of the convictions at issue.
Filing procedures vary. Some jurisdictions want the petition filed with a court clerk; others route applications through a state pardon board or governor’s office. After filing, you’ll typically serve a copy on the local prosecutor or state attorney general’s office so the government can review and respond. A hearing usually follows, where a judge or board decides whether restoration is appropriate. Filing fees range from nothing in some states to a few hundred dollars in others. Check with the specific court or board before you assume the cost.