The DOJ’s New Federal Firearm Rights Restoration Program Announced
As we previously covered, the Trump Administration had signaled its willingness to explore avenues for individuals to have their gun rights restored after a conviction, even in instances in which a previous conviction for felonies and other certain crimes would have automatically disqualified said individual from legally owning or handling a firearm. On August 17, 2026, Attorney General Todd Blanche announced that the Department of Justice had finalized a rule that outlines a functioning federal process for the restoration of firearm rights. The new Federal Firearm Rights Restoration (“FFRR”) program, gives individuals who are federally prohibited from possessing firearms a concrete path to apply for relief, although any restoration is not a given and the policy outlines many limitations and/or waiting periods for individuals. “The Second Amendment is not a second-class right, and the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose a danger to public safety,” said Attorney General Todd Blanche in an accompanying statement announcing the rule on the DOJ’s website, further stating that “this rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.” This rule should have immediate effects on how those facing criminal charges and considering negotiating with prosecutors or plea bargaining if those defendants hope for a pathway back to legal gun ownership.
Who Can and Who Can’t Apply
The FFRR program is open to any individual who is federally prohibited from possessing or handling firearms under federal law, including people with felony convictions, unlawful drug use, certain mental health adjudications, domestic violence misdemeanors, and other traditional disqualifiers. The new delineated process will not be a rubber stamp., as the DOJ has made clear that restoration is an individualized determination. For example, the DOJ has identified a detailed set of “presumptive disqualifiers” such as those currently facing charges, certain mental health or drug histories, and convictions for what are traditionally viewed as “violent offenses,” along with prescribed waiting periods that will result in a denial unless the applicant demonstrates “extraordinary circumstances.” This catchall “extraordinary circumstances” provision can be seen in other federal regulations seeking relief in the criminal justice system, but it normally sets a high bar to cross for those not presumptively entitled to relief. In any case, each applicant must establish, to the Attorney General’s satisfaction, the circumstances of their prohibition, along with their record, reputation, and subsequent conduct, to show that the applicant is not likely to act in a manner dangerous to public safety and that granting relief would not be contrary to the public interest. Once the rule takes formal effect thirty days after its publication in the Federal Register, this new process outlines a significant development for those seeking to have their gun rights restored.
