Hi, I'm farms attorney Gilbert Amler. And as many of you are probably aware, for months now, we've been talking about the fact that under President Trump, the Attorney General of the United States reopened the ability for felons to federally restore their firearm rights through 18 USC 925C. It's a statutory remedy, a statutory way that people could restore firearm rights. And we're back today with a big update because July 16th, 2025, Attorney General Pam Bondi released proposed rulemaking on how this federal restoration process will play out. We're going to go through that proposed rulemaking today. And essentially what this proposed rule does is it sorts people that are prohibited from possessing firearms into a couple of groups. It sorts people into so sorts folks into groups that are presumptively eligible to restore their gun rights, folks that are presumptively ineligible to restore gun rights, and then folks that would be presumptively ineligible for a certain period of time, either five or 10 years, depending on the types of prohibitors that they are facing. So, we're going to talk about these different categories today. We're also going to talk about what the proposed rule says in terms of what will be required to include with a petition. And I'll hint at this. I'm going to do some reading today, reading through the proposed rule. I try not to read to you guys. I typically try to provide some more interesting commentary and not simply read through what somebody else wrote. But this is one of those rare occasions where I think it is important to read through exactly what some of the requirements are actually going to be. And before we dive into this subject, as always, if you have not yet hit that subscribe button, what are you waiting for? Hit subscribe, like, comment with your thoughts, share with your friends. That way, you and your friends can keep getting this important Second Amendment related content. Now, at the outset, this is just a proposed rule. So, there will be a 90-day comment period where people can comment and submit suggestions. That being said, unlike some more controversial rules, I imagine this rule is not going to change a whole lot and will very likely look like this in its final form. So, the rule is very very clear that they don't want to approach 925C restorations in a categorical manner, meaning they are not going to slice and dice and simply say you're eligible, you're ineligible, and just look at dates and crime codes. Instead, they're going to look at each application individually to determine whether someone is likely to be a danger to themselves or others. So, some of what we need to talk about here, and again, I'm going to apologize because I'm going to read to you some today, but they say there's no categorical approach. For an example, an applicant whose only disqualification under section 922G is decades old. And then they go on to say, but even if it's decades old since they have a prohibiting conviction, if they have other things going on, for example, they have lots of arrests, but there are subsequent to that conviction that they don't get convicted for, but they keep getting arrested for the same conduct or if they've got alcohol dependency problems or other things that might impact whether they're likely to use a firearm in a manner that endangers public safety, they could still be denied even though their conviction was decades old. Unless on the flip side, you might have an applicant who is in the presumptive window where they say you've still got to wait 5 or 10 years because presumptively you'll be denied. But if that applicant can demonstrate that their underlying conviction was really although the crime sounded bad, it really for example for a misdemeanor crime of domestic violence, it didn't involve any actual violence. It was the threatened use of fire violence and the threatened use didn't involve weapons or anything like that. maybe they would be able to speed up their restoration and not have to wait the entire time period. So again, not a categorical approach. If you do apply and there's an error or omission with your application, you will have 30 days to correct the error or omission under the proposed rule. Otherwise, your application will be deemed abandoned. There's going to be a requirement for a filing fee. They expect 1 million applications in the first year. And that's something that's actually worth thinking about because there's going to be a filing fee. the filing fee they're proposing is $20 and they think there's going to be a million applications right away. And the reason that's worth thinking about is because future administrations could really mess this up. A future anti-gun administration could revert and redelegate the authority to do a federal restoration back to the ATF. And of course, the ATF, we've talked about this in prior videos, the ATF has been barred by Congress from processing these. So, they could take away this path in the future under a future administration, or a future administration could jack the cost way up. Right now, it's $20, could go up to $5,000 under a future administration simply for the filing fee. So, those are things to think about. And if you're considering, hey, I think I'm eligible for this, maybe it's a reason that you might want to apply sooner rather than later. So, the presumptive categories that we need to talk about, um, the first categories that they say are presumptively unlawful are going to be people that can help themselves. So, these are folks that don't actually need a federal restoration because they could remove themselves from the prohibited category in most situations. For example, if you are an unlawful user or addicted to a controlled substance, rather than applying to restore your gun rights, you could simply stop using the controlled substance and then you would no longer be a prohibited person. So, presumptively not eligible for relief. Um, a fugitive from justice, somebody who is on the run from a warrant. Go turn yourself in and deal with your warrant. You know, don't ask for your rights back while you're still on the run. um somebody subject to a misdemeanor uh or I'm sorry, not a misdemeanor, to a domestic violence restraining order, presumptively ineligible for relief. Raheem probably really drove this one home cuz Raheem said that those domestic violence restraining orders are constitutional when they are temporary and when there's a judicial finding of dangerousness. So they say presumptively ineligible. It's going to be a temporary disability anyway. Then we get to the categories of folks that are going to be presumptively ineligible for restoration. I keep using this term presumptively ineligible. Try to make this clear at the outset. Even if you fall into this category, you might still be able to get your rights restored. It might just be it's it's what they're looking for is an extraordinary showing. And what is that extraordinary showing? Well, they don't define it, but we're probably talking about going above and beyond to explain why you're different than other people that have similar convictions or a similar record. And additionally, it might be a bit of case law that might be supplied if you hire an attorney to help you apply. So, presumptively ineligible for relief. Anybody punish anybody who's been convicted of a crime punishable by over one year and this is actually a legal term because that crime punishable by over one year is defined in 18 USC uh 18 USC 921 A20 to include a felony punishable by over a year but it excludes statebased misdemeanors punishable by less than 2 years. So essentially, when we say crime punishable by over one year, for purposes of these presumptions, we're talking about somebody who either has a felony, punishable by over one year, or has a misdemeanor, state-based misdemeanor, punishable by over two years. And the important thing here is it's what it's punishable by, not what punishment you actually received. So, if you had a state-based misdemeanor punishable by up to 5 years, but only actually received 30 days, you still have been convicted of a crime punishable by over one year. So, if you were convicted of a crime punishable by over one year in the following categories: crimes involving death, kidnapping, sex assault, or abuse, domestic violence, animal abuse, burglary, robbery, extortion, carjacking, racketeering. if the underlying racketeering involved a violent act, arson, gang related offenses, assault and battery, terroristic threats, um, I'm saying terroristic threats, threats of violence. So in Pennsylvania where I practice that would probably be terroristic threats in many scenarios. Stalking, escape, terrorism, witness tampering, straw purchasing of firearms, fire federal firearms trafficking, many different offenses under 922G, which is persons not to possess firearms. So if you have already been in trouble, already were ineligible to possess firearms and then again got in trouble for actually possessing firearms, you're presumptively ineligible for this relief. felonies involving the manufactured, possession, transfer, or use of explosives. Felonies where the defendant committed or threatened acts of violence or used, brandish, or discharged a firearm or explosive while committing the felony. So, if you were committing a if you have a felony conviction and had a misdemeanor brandishing conviction at the same time, you would be presumptively ineligible for relief. Um, anyone who's currently required to register under the Sex Offender Registration and Notification Act, um, of course, that is a indication that you are a continued danger to public safety is is how that act would be construed. anyone currently serving any sentence. So, if you are currently serving a sentence, including probation, parole, or other forms of supervision, even if it is for a sentence that is not prohibiting, meaning you had a felony from 20 years ago that prevents you from possessing firearms, and you're currently on probation for a misdemeanor that's only a state-based misdemeanor that doesn't affect gun rights, you would be presumptively ineligible because you're still currently subject to supervision. And then finally, anybody who has had an application under this section denied in the past 5 years. Uh or if it's been denied for certain reasons, it will be another presumptive category against you. Then they can move on to people that are presumptively ineligible for restoration under 925C for 10 years. And these are going to be folks that are number one convicted for distribution of a controlled substance. Um, this is one of the big ones where we see people that got federally charged, federally convicted 10 years from either the conviction or released from supervision. So, if you're on probation, parole, etc., you're going to have to wait till 10 years from the release from supervision. Now, again, these are all presumptive categories. That's part of what our office, our law office will be able to help do, assuming this is the final form of the rule, and we're going to operate under the assumption that it will be, is we'll help people put together applications that I think will make them sound or seem a bit more sympathetic. Um, 10 years from the conviction or release from supervision for a misdemeanor crime of domestic violence, uh, have to wait 10 years again. Uh, alternatively, if you had an older uh, crime of domestic violence, but within 10 years of the conviction date for the crime of domestic violence, you had another conviction or you were separately fall into one of the other categories under 18 USC 922G that would prevent you from possessing firearms. So, you had a conviction 12 years ago for a misdemeanor crime of domestic violence. So, you're outside of that 10-year window that they're looking for. but 8 years ago you had a domestic violence restraining order issued against you. That would be another presumptive denial for you. And then finally, a 5-year waiting window would be if you have been convicted of any other crime that fits that definition of a crime punishable by over one year. Again, that's that 18 USC 921A 20 definition. You'd have to wait a presumptive 5 years before applying. So, finally, what does the application include? And again, this is something where if you've got questions or you're interested in having an attorney help you put together these applications, you can reach out to us at Amler Law Offices. If we can't help you, we'll try to get you in touch with an attorney that could help you. Um, but let's go through what will be required. Number one will be a chief law enforcement officer notification. You're going to have to tell the chief law enforcement officer in the jurisdiction where you live that you're making application. This has been a requirement to notify chief law enforcement officer for NFA applications for years. So if you wanted to have a short barreled rifle, shortbarreled shotgun, etc., that's now going to be a requirement under this. Uh secondly, there will be a fee. That fee right now that they've proposed is $20. Third, you will have to list all the things that affect your gun rights. So all the prohibitors under federal law, you'll have to consent to and obtain uh consent to them obtaining and reviewing records relating to your case. Now, any records that are required to be submitted under this proposed rule are going to have to be certified records, meaning they're going to have to be not some photo copy that you kept, but a certified record from the court. Um, a copy of any applications that you previously made uh for restoration of rights. So, if you'd previously applied and gone the state route trying to get a state to restore your rights and either gotten it but not gotten your gun rights back or gotten it and had or not gotten it, been denied, they would want to see an application of that prior application. You'll have to have two complete properly complete completed FBI fingerprint cards. You'll have to have a copy of the individual's criminal history records check for every state or locality. um if a statewide search is unavailable that you have lived in since turning 18 years old or for the last 25 years if you're older. Um so if you're in your 70s, you don't have to go all the way back to you were 18. You only have to go back 25 years for every state that you lived in. Have to have a criminal history records check. Uh you'll have to uh provide affidavit from three non-related references. is and there's a whole list of things that those affidavit are going to have to require that people are going to have to swear on your behalf. Essentially saying you're a person of good character, they've not seen you act violently, they don't believe you're addicted to controlled substances, etc., etc. You're going to also have to put together your own affidavit or have an attorney helped you put together an affidavit. An affidavit is going to be required from you as well. Uh if you have been convicted of a crime punishable by over one year, you'll need certified copies of the court records of the indictment or information under which you were convicted of any plea agreement of the factual basis for any plea agreement. Um for any documents prepared prepared for sentencing, so a pre-sentence report for the judgment of conviction or records of the plea that you entered. So if you plead guilty or plead nolo and a c certificate from the relevant authority such as a probation officer or a parole board stating when you were released from supervision. And these required records differ a little bit. For example, if it was a misdemeanor crime of domestic violence, not only do they want these court records, but they also want things like police reports. So it will be a bit labor intensive gathering all this material. And again, that's something assuming this is what the proposed rule looks like. We're going to start doing our restorations in conformance with this proposed rule because we believe this is what the rule is going to look like and we want to get these applications in so that we get you earlier in line. If you want an attorney to help you parse through all of this, once again, reach out to us. 54-550-4236 Amler Law Offices. Again, if we can't help you, hopefully we can get you in touch or suggest an attorney who could help you. Thank you for your attention and paying attention to this. Again, it's dynamic. It's shifting. It's changing. Uh, it could change in the future. I suspect this is pretty much what we're going to see. So, thank you for watching.