Restore Your Gun Rights

People often ask us “how can a felon restore gun rights?” or “can I get my rights restored if I’ve been convicted of an M1?” Because of a conviction, a person can be prohibited from possessing firearms under federal law, state law, or both. If a Pennsylvania conviction is prohibiting someone from possessing firearms, the prohibition will never expire. Legal action must be taken for firearms rights to be restored.

For those who are federally prohibited, the prohibition applies throughout the United States. Although we have helped many people restore their rights over the last decade, there is a “new” avenue of relief to remove a federal prohibition.

 Under 18 U.S.C. § 925( c ):

A person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the [United States] Attorney General for relief from the disabilities imposed by Federal laws with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms.

Though relief from disabilities existed in the original 1968 version of the law, there were some slight differences in its original form. One difference was that relief was only available to “A person who has been convicted of a crime punishable by imprisonment for a term exceeding one year (other than a crime involving the use of a firearm or other weapon or a violation of this chapter or of the National Firearms Act).”

Another difference was that the application for relief was made to the “Secretary” rather than the Attorney General. The “Secretary” in the original statute was the Secretary of the Treasury. That office, in 1975, delegated the responsibility for the program  to the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) in 1975. Thus, applications for relief were submitted to, and processed by the ATF.

Because 1968 was 57 years ago, one might wonder how this relief is “new.” The fact is that federal relief from disabilities has not been available for over 30 years. In 1992, Congress passed a law forbidding the ATF from using funds “to investigate or act upon applications for relief from Federal firearms disabilities.” As a result, for decades those prohibited under federal law had no federal mechanism to restore their rights (aside from a Presidential Pardon for prohibiting federal convictions).

This all began to change when  on February 6, 2025, President Donald J. Trump issued Executive Order 14206. In the Executive Order, President Trump directed the Attorney General to “examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens.”

When this happened, many people asked, “Did Trump give gun rights back to felons?” The answer to that is a resounding “absolutely not.” But his Executive Order paved the way to revive the  path for felons to restore their rights under 18 U.S.C. § 925(c).

In response to President Trump’s Executive Order, the Office of the Attorney General issued an interim final rule on March 20, 2025, withdrawing the delegation of authority to the ATF to implement relief from disabilities pursuant to 18 U.S.C. § 925(c). As a result, the Department of Justice is effectively responsible for federal relief from disabilities applications, effective immediately.

As of the time of this writing, there are no policies, procedures, or application forms readily available for federal relief from disabilities. We do know, however, that the Department of Justice is considering applications for relief, because the names of 10 individuals who were granted relief were published in the federal registrar on April 29, 2025. Most notably, actor Mel Gibson’s name appeared on that list.

Though it is unlikely that most applicants will have a determination within 6 weeks, it seems likely that this process will take less time than the other avenues currently available for Pennsylvanians, which can sometimes take several years.

Keep in mind that the federal relief from disabilities process won’t be right for everybody. Applicants must show to the U.S. Attorney General’s satisfaction that “the circumstances regarding the disability, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest.” 18 U.S.C. § 925(c). Beyond whether that standard can be met, it’s important to analyze whether this type of relief is even necessary and whether this type of relief will achieve a particular person’s goals. Federal relief will not remove a conviction, so if a person is concerned about their criminal history aside from firearms rights, another available option may be more appropriate. Additionally, if a person has a conviction that is also prohibiting under Pennsylvania law, they will need to file a separate petition in state court in addition to federal relief.

Those who may be suitable candidates for federal relief from disabilities should explore the option immediately. Because the program was revived by way of executive action, it is at risk of becoming unavailable when President Trump leaves office.

At The Gun Law Firm, we are already preparing applications for relief from disabilities on behalf of clients. Call us or submit a “Contact Us” form to schedule a case strategy session (no cost) and we can discuss whether relief from disabilities might be an option for you.

Take the first step to restore your rights: