For people who have been barred from possessing firearms under federal law, one of the biggest legal questions in 2026 is whether 18 USC 925(c) will ever be implemented.
What is 18 USC 925(c)?
Section 925(c) is a federal statute that allows a person under a firearm disability to apply for relief. Basically, for the first time ever, if you have an old Federal conviction, you may be eligible to get your Firearm rights back. Also, if you have an Arizona State conviction that made you ineligible under Federal law, you too, can get your rights back.
The proposed rule is designed to guide the Attorney General’s discretionary decisions under that statute and focus on whether the applicant is “not likely to act in a manner dangerous to public safety” and whether granting relief would not be contrary to the public interest.
This is the standard in all “second chance laws.”
If this new statute comes into being, it will not simply be a paperwork exercise. A person may need to show not only that the old conviction is behind them, but also that their more recent history, reputation, conduct, and supporting documents all point in the same direction. It is not simply a matter of how much time has passed.
The new law will create a case-by-case review process where some applicants are viewed as (1) more likely to qualify, (2) some are viewed as temporarily disfavored, and (3) some are treated as presumptively ineligible unless they can make an unusually strong showing.
So, like any motion to restore rights, you will have to build a persuasive record.
Why This Proposed Law Matters
That individualized review cuts both ways.
On one hand, it can help applicants whose old records do not tell the full story. Someone with a decades-old disqualifying event and a strong record since then may be able to present a compelling petition. On the other hand, the lack of a purely categorical system means even an old conviction may still raise concerns if the government believes the applicant’s later conduct shows ongoing risk. The DOJ makes that point clearly: age of the conviction alone may not control the outcome.
The Main Categories in the Proposed Rule
The proposed statute sorts applicants into several broad groups.
People who Don’t Need 925(C)
First, there are people who are described as presumptively unlawful or not appropriate for relief because they may be able to remove the disability without a 925(c) application.
Examples include unlawful users of controlled substances, fugitives, and people currently subject to certain restraining orders. The basic logic is that if the disqualifying condition can end through compliance or changed circumstances, the government may expect that to happen first.
People who are Presumptively Ineligible Under 925(C)
Second, there are people who are presumptively ineligible unless they can make an extraordinary showing.
For example, serious violent, sexual, domestic violence, gang, explosive, trafficking, and repeat firearm-related categories in this group. All cases you would imagine that would make people ineligible to get their gun rights back.
People who are Presumptively Eligible Under 925(C)
Third, there appear to be temporary presumptive waiting periods, often described in the transcript as five-year or ten-year windows, depending on the type of prohibitor involved. Drug distribution and misdemeanor crimes of domestic violence were highlighted as examples where a longer wait may apply. The key point is that these waiting periods are described as presumptive, not necessarily absolute in every case.
What an 925(C) Application Might Require
One of the most important parts of the new statute is the discussion of what a real application may require. This is where many applicants will realize the process is more document-heavy than expected.
The proposed application package may include notice to the chief law enforcement officer in the applicant’s area, a filing fee, identification of all firearm prohibitors, consent for records review, certified court records, fingerprint cards, criminal history checks for places the person has lived, affidavits from references, the applicant’s own affidavit, and in some cases police reports, plea materials, sentencing records, and proof of release from supervision.
That means the real challenge may not be simply filing a form. The real challenge may be collecting, organizing, and presenting the story of the case in a way that addresses public-safety concerns before they become objections.
How Much Might it Cost to File?
The proposed filing fee is currently only $20, but policy can change. The DOJ proposed rule and related notices confirm this is still a developing statute or rule. This means that later administrations could increase the fee, revise procedures, or change the administration of the process.
For that reason, people who may qualify often want to file soon after the law is implemented.
Frequently Asked Questions About Federal Gun Rights Restoration
Can a felony ever be overcome under 18 USC 925(c)?
Potentially yes, but not automatically. The proposed framework focuses on public safety, the public interest, and the applicant’s full record.
Is there a waiting period?
Possibly. There are proposed five-year and ten-year presumptive waiting periods for certain categories.
Will certified records matter?
Yes. Certified documents, fingerprints, affidavits, and criminal history records may all matter.
Is this automatic?
No. The proposed rule is built around individualized review, not automatic restoration.
Summary
If this proposed rule becomes final in substantially the same form, federal gun rights restoration under 18 USC 925(c) could become one of the most important firearm-law developments in years. But it also looks like a process where preparation, documentation, and careful presentation will be super important.