The Brief:
The Department of Justice has reactivated the federal process for restoring firearm rights under 18 U.S.C. § 925(c), shifting review authority to the Office of the Pardon Attorney. This ends a decades-long blockade, allowing individuals prohibited from owning firearms due to past nonviolent offenses to petition for relief.
The program requires a rigorous background evaluation, maintaining strong presumptions against violent or recent offenders. While approved relief removes federal firearm prohibitions, it does not constitute a presidential pardon, erase an applicant’s underlying criminal record, or override independent state-level firearm restrictions.
WASHINGTON, D.C. — For millions of Americans stripped of their right to keep and bear arms due to nonviolent or decades-old offenses, the promise of relief under federal statute had long been a dead end. Enacted under 18 U.S.C. § 925(c), Congress established a mechanism allowing prohibited individuals to petition the Attorney General to have their federal firearm disabilities removed.
However, since October 1992, Congress routinely included an appropriations rider blocking the ATF from using federal funds to process those applications, effectively locking the courtroom doors on administrative relief.
That institutional blockade officially ended in August 2026. Under a newly finalized regulatory framework spearheaded by Attorney General Todd Blanche and U.S. Pardon Attorney Edward Martin, the Department of Justice shifted administrative jurisdiction over § 925(c) relief directly to the Office of the Pardon Attorney.
The publication of the first nine approved applicants in the Federal Register marks the first time since the early 1990s that the Executive Branch has exercised this statutory authority to restore constitutional rights.
The Staged Application Rollout
To prevent the system from being overwhelmed by a flood of filings, the DOJ has outlined a phased schedule on its dedicated portal (justice.gov/ffrr) to manage the application pipeline:
High Evidentiary Bars: Not a “Rubber Stamp”
Federal officials and legal analysts emphasize that this program is far from an automatic pardon or blanket amnesty. The Pardon Attorney’s review extends far beyond the formal statutory title of an applicant’s past offense.
Under the regulations codified in Part 107, the Attorney General evaluates the complete factual underlying circumstances of the conduct, charging documents, plea arrangements, institutional behavior while under supervision or incarceration, time elapsed since sentence completion, community standing, and formal input from investigating law enforcement agencies.
Furthermore, the rule sets up strong presumptions against relief:
- Permanent / Severe Disqualifiers:Absent a showing of extraordinary circumstances, individuals convicted of violent felonies involving death, sexual assault, domestic violence, armed robbery, kidnapping, witness tampering, or terrorism will face immediate, presumptive denial.
- The 10-Year Presumption Rule:Applicants who were convicted of, or served any part of a sentence for, specified statutory offenses within the preceding 10 years are presumptively ineligible.
- Application Integrity:The submission of fraudulent statements, omission of criminal history, or withholding requested materials immediately voids any grant of relief.
The Landmark Case: Patrick Atkinson
Among the initial recipients granted relief, the inclusion of Patrick Atkinson provides the clearest window into the practical and constitutional purpose of the restored program.
In 1998, Atkinson pleaded guilty to a single federal count of mail fraud related to a job placement scheme.He was never incarcerated in federal prison, receiving a sentence of two years of probation, six months of home confinement, financial restitution, and community service.His supervision terminated in 2000.
Over the subsequent 24 years, Atkinson maintained an entirely spotless criminal record. When he sought to purchase a firearm for personal protection, however, 18 U.S.C. § 922(g)(1) barred him as a convicted felon.
Atkinson mounted an as-applied constitutional challenge against the federal government, arguing that permanently disarming an individual for an old, nonviolent felony violated the Second Amendment.While his initial challenge faced procedural hurdles, the U.S. Court of Appeals for the Seventh Circuit eventually remanded the matter for a historical text-and-tradition analysis following the Supreme Court’s Bruen ruling.
His administrative relief via the Office of the Pardon Attorney resolves the constitutional friction through statutory means. Rather than forcing federal judges across all 94 judicial districts to conduct thousands of individual mini-trials on whether specific felons remain dangerous, the executive restoration process returns the inquiry to an established, evidence-based administrative standard.
What Relief Covers—and What It Does Not
| Dimension | Scope of Section 925(c) Relief Under Part 107 |
| Federal Disability | Completely removes the federal firearm prohibition under 18 U.S.C. § 922(g) for prior offenses. |
| Future Offenses | Does not grant blanket immunity; future disqualifying conduct immediately reinstates prohibitions. |
| State Law Restrictions | Does not override state law. If state statutes impose independent firearm bans for prior convictions, federal relief does not nullify state criminal codes. |
| Pardon vs. Relief | Restoration of rights is not a formal presidential pardon; the underlying conviction remains on the criminal record. |
Compliance & Legal Advisory: Individuals considering an application under 18 U.S.C. § 925(c) should conduct a thorough, independent review of their legal record before applying. If you reside in a state that enforces independent state-level felony firearm bans, receiving federal relief through the Office of the Pardon Attorney will not protect you from prosecution under local state statutes. Always consult with a qualified firearms defense attorney licensed in your state to verify whether concurrent state-level rights restoration or expungement is required before attempting to purchase or possess a firearm.
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