On August 20, 2026, the Department of Justice announced a significant development for federal firearms law, finalizing new criteria that will govern applications for relief from disabilities imposed by federal statutes concerning the acquisition, receipt, transfer, shipment, transportation, or possession of firearms. This final rule, set to take effect on September 21, 2026, marks the long-awaited re-establishment of a pathway for individuals to regain their Second Amendment rights after decades of inactivity in this critical area of federal law.
Historical Context of Firearms Disabilities and Relief
The ability for certain individuals to possess firearms has been a cornerstone of federal law since the enactment of the Gun Control Act of 1968 (GCA). This landmark legislation, found at 18 U.S.C. 922(g), prohibits categories of persons from engaging in activities related to firearms and ammunition. Among the most common disqualifications are convictions for crimes punishable by a term exceeding one year, reflecting a congressional intent to prevent those who have committed serious offenses from misusing firearms.
Recognizing that not all individuals pose an ongoing threat to public safety, Congress wisely included a mechanism for relief within the GCA, specifically 18 U.S.C. 925(c). This provision empowers the Attorney General to grant relief from these disabilities if an applicant can demonstrate they are "not likely to act in a manner dangerous to public safety" and that granting relief "would not be contrary to the public interest." This mechanism was designed to protect individual rights while maintaining community security.
Initially, the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) administered this relief process. However, the ATF's program proved problematic. Concerns arose regarding inconsistency in decisions, the restoration of rights to individuals who still posed safety risks, and the significant resource expenditure it demanded. These issues ultimately led Congress in 1992 to prohibit the use of appropriated funds for processing section 925(c) applications, effectively shuttering the program for over three decades.
The Department of Justice's Modernization Initiative
In 2025, the Department of Justice initiated a concerted effort to revive and modernize this dormant process. The goal was to overcome the past shortcomings of the ATF program, ensure consistency, and align decisions with statutory requirements that prioritize both public safety and the fundamental right to bear arms. This effort began in March 2025 with an Interim Final Rule (IFR) withdrawing the Attorney General's delegation of authority from the ATF. This move signaled the Department's intention to take direct control and implement a more robust framework.
Following the IFR, the Department issued a Notice of Proposed Rulemaking (NPRM) in July 2025, outlining specific criteria for evaluating relief applications. This NPRM generated substantial public discourse, receiving over 15,500 comments, the majority of which supported the objective of reinvigorating the restoration process. The final rule published on August 20, 2026, incorporates feedback from these comments and solidifies the Department's approach.
Key Provisions of the Final Rule
The new final rule introduces a structured approach to evaluating applications, featuring several key provisions aimed at ensuring rigorous scrutiny while providing a clear path for deserving individuals:
Presumptive Disqualifications
The rule establishes categories of applicants who are "presumptively unable to establish" that they would not endanger public safety or that granting relief would be in the public interest. These include individuals with prior violent felony offenses, such as homicide, kidnapping, terrorism, and stalking. Convictions involving the brandishing or discharge of a firearm also trigger this presumptive disqualification. Furthermore, persons required to register under the Sex Offender Registration and Notification Act (SORNA) due to an offense that prohibits firearm ownership under section 922(g) will face a similar presumption.
Time-Based Presumptive Disqualifications
For other types of convictions, the rule imposes time-based presumptive disqualifications. Applicants with drug trafficking convictions or misdemeanor domestic violence convictions will generally be presumed ineligible for relief for a period of at least 10 years following the completion of their sentences. For other felony convictions not specifically enumerated in the more severe categories, a five-year presumptive disqualification period will apply after sentence completion.
Other Federal Firearms Disabilities
The rule also addresses disabilities arising from other sections of 18 U.S.C. 922(g). Individuals prohibited from firearm possession as fugitives from justice (922(g)(2)), unlawful users of controlled substances (922(g)(3)), or those subject to domestic violence restraining orders (922(g)(8)) will generally be presumptively denied relief. The Department notes that these individuals often have avenues to remove their disability through changes in behavior or by seeking modifications to legal orders, as highlighted in cases like United States v. Rahimi (2024) and Range v. Att'y Gen. (3d Cir. 2024).
Additionally, unlawfully present aliens or certain aliens admitted on nonimmigrant visas (922(g)(5)) are presumptively disqualified. The Department cites United States v. Sitladeen (8th Cir. 2023), which concluded that unlawful aliens are not considered part of "the people" to whom Second Amendment protections extend.
Application Requirements and Review Process
The final rule outlines specific requirements for submitting an application. These include providing documentation relevant to the type of disability, three sworn statements from character references, and a mandatory notification to the Chief Law Enforcement Officer (CLEO) in the applicant's jurisdiction. The CLEO will have the opportunity to provide input on the appropriateness of granting relief. A fee will also be required. The Attorney General will evaluate applications based on "common and relevant considerations," ensuring a consistent yet individualized review process. The Department plans to publicly announce grants of relief and has included special rules for federal firearms licensees.
Implications and Moving Forward
The re-establishment of a functional relief process under section 925(c) represents a significant policy shift. For individuals who have demonstrated a clear rehabilitation and no longer pose a threat, this rule offers a long-absent pathway to restore fundamental rights. For law enforcement and the public, the criteria aim to provide a more consistent and predictable framework, enhancing public safety by clearly defining who should and should not regain firearms access. The rule reflects a careful balancing act between constitutional rights and the imperative to protect communities from violence. As the Department begins accepting applications on September 21, 2026, the practical implementation of these criteria will be closely watched by legal professionals, Second Amendment advocates, and policymakers alike, shaping the future landscape of federal firearms policy.
