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DOJ Moves One Step Closer to Federal Firearms Rights Restoration

Introduction

For the first time in more than thirty years, the U.S. Department of Justice is reopening a real path for people with federal firearms disabilities to get their gun rights back. On August 17, 2026, Attorney General Todd Blanche announced that DOJ is reviving the long-dormant relief-from-disabilities process under 18 U.S.C. § 925(c) — a statute that has existed since 1968 but has been effectively unusable since 1992, when Congress stopped funding ATF’s ability to process applications under it.

If you’ve been prohibited from possessing a firearm because of a past conviction or other disqualifying event, this is significant news. But there are still important steps left before anyone can actually apply, and the details of eligibility matter a great deal. Here’s where things stand.

How We Got Here

DOJ published its proposed rule in the Federal Register in July 2025, opening a public comment period that closed in October 2025. The proposal drew an unusually high level of public engagement, with the overwhelming majority of commenters supporting the idea of restoring a functioning relief process. After a lengthy review period — and a stretch where federal rulemaking activity was slowed by a government shutdown — DOJ announced last week that it is moving forward with a final version of the rule, shifting authority over these decisions from ATF to the Attorney General.

Who the Rule Is Meant to Help — and Who It Isn’t

Restoration under this process is neither automatic nor guaranteed. Applicants will need to show that they are not likely to act in a manner dangerous to public safety and that restoring their rights would not be contrary to the public interest. DOJ’s framework looks at the circumstances of the original disqualifying offense, the person’s record and reputation since then, and their conduct overall.

Individuals who have had their state firearms rights restored (in Massachusetts via the Firearms Licensing Review Board) appear to receive preferential treatment under the proposed regulations.

Certain categories are presumptively ineligible absent extraordinary circumstances, including:

1) People convicted of violent felonies (such as murder, sexual assault, kidnapping, or robbery); 2) people required to register as sex offenders; 3) people with drug distribution convictions or domestic violence convictions within roughly the last decade; 4) people with any felony conviction within the last five years; and 5) people who are current fugitives, unlawfully in the country, or subject to an active restraining order.

What this Means for Massachusetts Residents

It’s also worth remembering: this is a federal process. Someone who successfully restores their federal firearm rights will still likely be prohibited under Massachusetts state law. Generally, only individuals who have had their state rights restored by the Massachusetts Firearms Licensing Review Board will be able to fully exercise their 2nd Amendment rights in the Commonwealth. (More information about the Firearms Licensing Review Board can be found on this website).

Timeline: What’s Actually Happening and When

This is the part we’re watching most closely, because the announcement is not the same as the rule being in effect.

The rule still needs to be formally promulgated — meaning published as a final rule in the Federal Register — which we expect to happen within the next 30 to 60 days. Once that happens, the rule’s effective date and the mechanics of how DOJ will phase in applications will be locked in.

Separately, DOJ has indicated that the public-facing application website will not go live immediately. Based on DOJ’s own projected rollout, we expect the application portal to become active roughly 120 days out. Until that site is active, there is no way to file an application under this process, no matter how strong someone’s case for restoration may be.

In short: nothing can be filed yet, and applicants should be very wary of anyone claiming otherwise or offering to “get ahead of the line” before the rule is even final.

What We’re Doing

We are actively monitoring this rulemaking as it moves toward finalization, and we intend to keep tracking it through the rule’s publication, its effective date, and the eventual opening of the application website. Once the process is actually live, we fully intend to work with clients on eligibility review, documentation, and the application itself — including the separate question of what a federal restoration does and doesn’t do for someone’s status under Massachusetts law.

We’ll continue to post updates here as this develops, including when the final rule is published and when the application portal opens. If you have a past disqualifying conviction and have been waiting for a path like this, now is a good time to start thinking through your situation so you’re ready to move once the process is actually available — but there is no need to rush into anything before the rule is final.

Restoring Federal Firearms Rights: A New DOJ Proposal Explained

The loss and restoration of firearms rights after a disqualifying criminal conviction has become a frequent subject of litigation post-Bruen. A new proposal by the Department of Justice (“DOJ”) aims to provide a pathway to restore firearms rights under federal law to those who would otherwise be prohibited through a detailed application process. It is important to note that this proposal is still in the comment period and no official application process exists at this time.

Understanding the Proposal

The new proposed DOJ rule seeks to create a structured and transparent process for individuals to restore their firearms rights. Applicants will need to prove that they are “not likely to act in a manner dangerous to public safety” and that granting relief “would not be contrary to the public interest”.

The proposed regulations presumptively exclude from relief most violent felons, sex offenders, drug traffickers and many others who are deemed likely to re-offend. Some applicants, such as those convicted of drug crimes or misdemeanor crimes of domestic violence, will need to wait at least 10 years before they are eligible to apply. Others, including most non-violent felons, will need to wait a minimum of 5 years.

The proposed application process will require official documentation related to the underlying prohibiting conviction, supporting affidavits, letters, waivers and background checks.

State Law and Massachusetts

Massachusetts has some of the strictest firearms regulations in the United States. The new proposed DOJ rule clearly states that a restoration of federal firearms rights will not restore firearms rights under state law. This means that many prohibited people who reside in Massachusetts will not be able to access firearms even if their DOJ application is approved. A key exception – one alluded to in the proposed regulations – are those applicants who have restored their firearms under state law through the Massachusetts Firearms Licensing Review Board.

What’s Next?

The proposed rule is open for public comment until October 20, 2025. Comments will then be reviewed by the DOJ and the proposed rule may be modified. The DOJ will then decide whether to issue the new rule. The proposal anticipates the need for 50 employees and a total cost of $20 million to implement the new relief from disabilities procedure. The proposal relies upon an application fee to cover the associated costs. The anticipated cost estimate may be unrealistic and the need for Congressional funding may significantly hamper the implementation of any new regulations.

Our office is monitoring the new DOJ restoration of rights proposal closely. We specialize in the restoration of firearms rights and we expect to begin assisting our clients once the new regulations become effective.

The Firearms Licensing Review Board is back in business!!!

I am pleased to announce that my litigation sponsored by Commonwealth Second Amendment has been successful and the restoration of rights afforded by the Firearms Licensing Review Board (FLRB) will be recognized in Massachusetts again. In two companion cases before the Suffolk Superior Court, a judge held that “the right to bear arms is a civil right within the ambit of Section 921(a)(20) and a decision by the (FLRB) pursuant to G.L. c. 140, sec. 130B that a convicted person who lost such a right is now suitable to be an LTC holder constitutes a restoration of that person’s civil rights under this statute.”

The Department of Criminal Justice Information Services will no longer interfere with the issuance of LTCs approved under an FLRB decision. Additionally, I have been advised that the FLRB will begin meeting again and issuing favorable decisions this summer.

My office has begun reaching out to our clients who have been affected by the Commonwealth’s misguided attempt to reinterpret the law and we hope to begin litigating before the FLRB by July.

If you have been denied an LTC or FID due to a conviction for operating under the influence (OUI), assault and battery (A+B), receiving stolen property (RSG) or some other misdemeanor offense, please contact our office to discuss the restoration of your firearms rights. We can be reached at (617) 383-4652 or 2A@lawguida.com.