Overview
Attorney Gilbert Amler provides an update on proposed federal regulations for restoring firearm rights to felons under 18 USC 925C. The proposed rule, released July 16, 2025, outlines eligibility, application requirements, and processes for individuals seeking restoration, with a non-categorical, individualized approach.
Background and Regulatory Context
- The rule allows federal restoration of firearm rights for prohibited persons under 18 USC 925C.
- A 90-day public comment period is open; the final rule is expected to be similar to the proposal.
- The process avoids categorical eligibility/ineligibility, instead requiring individual danger assessments.
- Filing fee is proposed at $20, with anticipation of up to 1 million applications in the first year.
Applicant Categories and Eligibility
- Three main groups: presumptively eligible, presumptively ineligible, and those ineligible for 5 or 10 years based on offense type.
- Presumptively ineligible includes persons who could remove their disability on their own (e.g., drug users, fugitives, those with restraining orders).
- Serious offenses resulting in felony convictions (including violent crimes, certain misdemeanors, and firearm-related offenses) typically lead to presumptive ineligibility.
- Extraordinary showing may override presumptions, but high evidence is required.
- Distribution of controlled substances or certain domestic violence convictions require a 10-year waiting period from conviction or end of supervision.
- Other crimes punishable by over one year require a 5-year waiting period before applying.
Application Requirements
- Notification to the chief law enforcement officer in the applicant’s jurisdiction.
- $20 filing fee (subject to change by future administrations).
- Disclosure of all firearm disqualifications and consent for record review.
- Certified court records, including charging documents, plea agreements, sentencing reports, and release from supervision.
- Two FBI fingerprint cards.
- Criminal history records from every lived-in state since age 18 (or past 25 years).
- Three affidavits from unrelated references attesting to good character and absence of dangerous traits.
- Applicant’s own affidavit.
- For domestic violence offenses: additional documentation (e.g., police reports).
- 30-day window to correct filing errors or omissions, or application will be considered abandoned.
Future Considerations and Risks
- Rule could be amended or rescinded by future administrations.
- Filing fee may increase substantially in the future.
- Applicants considering restoration are encouraged to apply soon to avoid potential future barriers.
Decisions
- Individual case consideration approach will be used rather than a categorical exclusion or approval system.
- $20 filing fee for applications proposed.
Action Items
- TBD – Interested Applicants: Prepare and gather required documents and affidavits before applying.
- TBD – Applicants with errors/omissions: Correct any identified errors within 30 days to avoid abandonment.
- TBD – Interested Parties: Submit public comments within the 90-day comment period.
Questions / Follow-Ups
- Will there be further clarification on what constitutes “extraordinary showing” for overriding presumptive ineligibility?
- Could future administrations change or revoke the current process?