Can You Restore Your Gun Rights After a Federal Conviction? New Federal Process for Arizona Residents

A federal conviction can affect your right to possess a firearm long after you have completed your sentence. For more than 30 years, there was no functioning federal application process under 18 U.S.C. § 925(c) for individuals seeking restoration of their firearm rights. The U.S. Department of Justice has now created a process that allows eligible people to apply to restore their federal firearm rights.

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Restoration is not automatic. The DOJ will review the applicant’s conviction, criminal history, rehabilitation, and current circumstances. Even if the DOJ approves the application, a separate restriction under Arizona law may still apply. This guide explains who may qualify and how the new process works. If you have a federal conviction and want to determine whether you may be eligible, contact Nava Law Firm for a free consultation to have your circumstances reviewed.

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What Changed in Federal Firearm Rights Restoration?

Federal law has long allowed certain people prohibited from possessing firearms to apply for relief under 18 U.S.C. § 925(c). However, the availability of that process has changed significantly over time:

• Beginning in 1992: Congress prevented the Bureau of Alcohol, Tobacco, Firearms and Explosives from using federal funds to process these applications. As a result, the federal restoration process was effectively unavailable for more than 30 years.
• In August 2026: The U.S. Department of Justice issued a final rule establishing a new process for reviewing firearm-rights restoration applications.

Under the new program, applicants can submit information about their:

• Convictions
• Criminal history
• Rehabilitation
• Current circumstances

The DOJ will review this information to determine whether restoring the applicant’s rights would create a danger to public safety or conflict with the public interest.

This change does not automatically restore firearm rights for anyone with a federal conviction. It provides a functioning process through which qualifying individuals can apply for relief. Applicants must still meet the program’s requirements and receive approval before they can lawfully possess a firearm under federal law.

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Who Can Apply for Federal Firearm Rights Restoration?

The new DOJ program allows individuals who are federally prohibited from possessing or handling firearms under 18 U.S.C. § 922(g) to apply for restoration. For people with federal convictions, this generally includes a conviction for a crime punishable by more than one year in prison. 

The program is not limited to felony convictions. It also accepts applications from people prohibited under federal law because of:

• Fugitive status
• Unlawful use of or addiction to certain controlled substances
• Certain mental health-related statuses
• Certain immigration statuses
• A dishonorable military discharge
• Renunciation of U.S. citizenship
• A qualifying domestic violence court order
• A misdemeanor domestic violence conviction

Being allowed to apply does not mean an applicant will receive relief. Certain convictions, waiting periods, and current circumstances may create a presumption against approval. In those situations, the application will generally be denied unless the person can show extraordinary circumstances that overcome the presumption.

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What Could Prevent an Application From Being Approved?

A person may be allowed to apply but still face circumstances that make approval unlikely. The DOJ calls these circumstances “presumptive disqualifiers” and divides them into five categories. An application involving one of these circumstances will generally be denied unless the applicant can show extraordinary circumstances that overcome the presumption.

1. Current Status

An applicant may be presumptively disqualified if they are currently:

• Awaiting sentencing for a crime
• Incarcerated or serving any part of a sentence
• Participating in a diversion program
• A fugitive from justice
• Unlawful use of or addiction to a controlled substance, except when the person’s only unlawful use or addiction involves marijuana
• Subject to certain immigration restrictions
• Under a qualifying domestic violence restraining order
• Required to register as a sex offender for an offense that prohibits firearm possession
• Subject to certain unresolved mental health-related firearm restrictions

2. Permanent Presumptive Disqualifiers

Certain serious felony convictions can create a permanent presumption against approval. These include offenses involving:

• The death of another person
• Sexual assault or abuse
• Human trafficking or kidnapping
• Domestic violence
• Burglary, robbery, or arson
• Assault, battery, or stalking
• Terrorism or witness tampering
• Brandishing or discharging a firearm, or using an explosive 
• Similar violent or dangerous conduct
• Extortion or carjacking
• Violent racketeering or gang-related offenses
• Maiming
• Escape or rescue of a person in custody

These categories may also cover convictions for attempting, soliciting, conspiring to commit, or aiding and abetting one of these offenses.

3. Ten-Year Presumptive Disqualifiers

A ten-year presumption may apply if, during the past ten years, the applicant was convicted of or served any part of a sentence for an offense involving: 

• Drug trafficking
• Threats of violence
• Explosives
• Certain firearm or ammunition-related conduct
• Possessing or discharging a weapon on school property
• Animal abuse
• Misdemeanor domestic violence

The ten-year period may also restart if a person with a misdemeanor domestic violence conviction becomes subject to another federal firearm prohibition or is arrested for certain felony, domestic violence, violent, firearm, or explosive-related conduct during that period. An arrest does not trigger the presumption if a court determines that no misconduct occurred or dismisses the resulting charges on the merits.

4. Five-Year Presumptive Disqualifiers

A five-year presumption may apply if, during the past five years, the applicant was convicted of or served any part of a sentence for: 

• Another felony not covered by the permanent or ten-year categories
• A misdemeanor involving assault, battery, stalking, or threatened violence

5. Previous Application Denials

A prior denial may also affect a new application. This may include an earlier denial based on a permanent presumptive disqualifier or certain other denials issued within the previous five years.

Applicants must disclose relevant convictions even if they were later expunged, pardoned, set aside, or otherwise modified. The DOJ will consider the conduct behind the conviction and the applicant’s complete history. A careful review of the conviction and sentencing records may be needed to determine whether a presumptive disqualifier applies.

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What Does the DOJ Consider When Reviewing an Application?

The DOJ may consider the applicant’s complete record, reputation, and current circumstances, not only the conviction that caused the firearm restriction. Its review may include:

• Criminal history and underlying conduct: Arrests, charges, convictions, deferred cases, victim impact statements, and charges dismissed through a plea agreement
• Sentence compliance: Conduct during incarceration or supervision and payment of any financial penalties
• Time and rehabilitation: How long it has been since the sentence was completed and the applicant’s conduct since then
• Substance use: Past or present controlled-substance use and other evidence of substance abuse
• Restraining orders or threats: Protection orders and threatening behavior, even without criminal charges
• Mental health information: Relevant mental health history, treatment, or behavior
• Law enforcement input: Information from the chief law enforcement officer in the applicant’s area
• Individual rights: Whether denying relief under the applicant’s circumstances would infringe upon their Second Amendment rights

No single factor guarantees approval. The DOJ will consider the available information as a whole to determine whether the applicant is likely to handle firearms safely and whether restoration would be consistent with the public interest.

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What Documents Are Required?

The records required for federal firearm-rights restoration depend on the reason the applicant is prohibited. Someone applying because of a federal felony conviction should generally be prepared to provide:

1. State criminal-history records covering the past 25 years or the period since the applicant turned 18, whichever is shorter, from each state where the applicant lived and any state where the applicant was arrested. If a statewide report is unavailable, records from the applicable locality may be provided. 
2. The indictment, complaint, or other charging document.
3. The judgment of conviction.
4. Official proof showing when every part of the sentence was completed, including supervision, restitution, or community service.
5. The plea agreement and factual basis, if applicable.
6. The presentence report or another document used during sentencing.
7. Copies of any state or local applications for a pardon, expungement, set-aside, or restoration of rights, along with any decisions. 

Additional records may be required if the applicant has a military history, foreign criminal record, qualifying mental health adjudication, or misdemeanor domestic violence conviction.

Applicants must provide true digital copies of court and government records. Documents written in another language must include a complete English translation and a certification from the translator. If an official document cannot be obtained, the applicant may need to submit a sworn statement. The statement should describe what the document contained, explain the efforts made to obtain it, and state why it is unavailable.

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How Does the Federal Application Process Work?

The federal firearm-rights restoration process involves several steps:

1. Review eligibility: Determine which federal restriction applies and whether a presumptive disqualifier could affect the application.
2. Gather the required records: Collect criminal-history reports, court records, sentencing documents, and any other materials relevant to the applicant’s circumstances.
3. Complete the online application: Provide accurate information about the federal prohibition, criminal history, sentence, and current circumstances.
4. Pay the application fee: The processing fee is $30 once the fee requirement applies. Applicants who cannot afford it may request a reduction or waiver.
5. Submit electronic fingerprints: After applying, the applicant will receive instructions for submitting fingerprints through an approved U.S. Postal Service location. Fingerprints obtained through another process will not be accepted.
6. Provide three character references: Each reference must be unrelated to the applicant, have known the applicant for at least three years, and not be federally prohibited from possessing firearms.
7. Monitor the application: The Office of the Pardon Attorney may request clarification or additional records. Applicants should monitor their email and application portal and respond promptly.

If the application is incomplete, the DOJ may give the applicant 30 days to correct it. Failing to provide the requested information within that period may cause the application to be treated as abandoned.

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When Will Applications Become Available?

The DOJ’s final rule takes effect on September 21, 2026, but access to the application will open in stages:

• September 25, 2026: Applications open to invited candidates.
• November 4, 2026: Applications open to the public, with space for the first 5,000 applicants.
• January 4, 2027: Applications open to 500 additional members of the public, and the $30 application fee begins.

The initial public application periods will be limited. Someone considering federal firearm-rights restoration should begin gathering the required records in advance and confirm that the DOJ is accepting applications before attempting to submit one.

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What Happens After the DOJ Makes a Decision?

The applicant will receive an email directing them to retrieve the decision letter from the online portal. The DOJ may issue one of four outcomes:

1. Grant: The DOJ determines that restoring the applicant’s federal firearm rights is not likely to endanger the public and is consistent with the public interest. The FBI will update the National Instant Criminal Background Check System, and the applicant may also receive a special number called an RPIN to use when seeking to purchase a firearm.  The applicant’s name and the date of approval will also be published in the Federal Register.
2. Denial: The DOJ determines that the application does not establish that restoration would be consistent with public safety and the public interest. The applicant may seek judicial review in the federal district court where they live or reapply, usually after a waiting period. Depending on the reason, the denial may create a new presumptive disqualifier.
3. Indeterminate: The DOJ does not have enough information to approve or deny the application. The applicant may begin the process again if they obtain additional supporting information.
4. No action: The application is closed without a decision, such as when the applicant withdraws the request or fails to respond to the Office of the Pardon Attorney. The applicant may begin the application process again.

A federal grant does not necessarily remove a separate restriction imposed under state law.

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Does Federal Restoration Also Restore Gun Rights in Arizona?

Not automatically. Federal approval removes only the federal restriction covered by the application. It does not remove a separate restriction under Arizona law. Arizona generally treats someone convicted of a felony inside or outside the state as a prohibited possessor until their firearm rights are restored.

An Arizona resident with a federal conviction may be able to apply through the superior court in the county where they live. They must first complete probation or receive an absolute discharge from federal prison.

A person cannot apply if Arizona law would classify the federal offense as a dangerous offense. If Arizona would classify it as a serious offense, the applicant generally must wait ten years from the date of absolute discharge. Even if the person is eligible, the court decides whether to restore the rights. Because federal and Arizona restrictions are separate, a person should confirm that both have been removed before possessing or purchasing a firearm.

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How Can the Nava Law Firm Help With an Application?

The federal firearm-rights restoration process requires detailed records and a complete explanation of the applicant’s history. An attorney can help by:

• Identifying the federal and Arizona restrictions that may apply
• Reviewing the conviction and sentence for presumptive disqualifiers
• Determining whether any five-year or ten-year period has been completed
• Obtaining and organizing court, sentencing, and criminal-history records
• Preparing accurate information about the applicant’s conduct and rehabilitation
• Helping the applicant select qualified character references
• Responding to questions or requests from the Office of the Pardon Attorney
• Determining whether a separate Arizona restoration proceeding may be needed

An attorney cannot guarantee approval, but reviewing the case before applying can help identify eligibility concerns, missing records, and other issues that could affect the request. Nava Law Firm can help applicants prepare for and navigate each stage of the process.

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Frequently Asked Questions

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Can I possess a firearm while my application is pending?

No. Submitting an application does not remove the existing federal prohibition. You must wait until relief is granted and confirm that no separate Arizona restriction remains.

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How long do I have to complete the application?

Once you begin the electronic application, you have 30 days to complete and submit it. If you miss the deadline, you will need to start again. Gathering the required records beforehand can help prevent delays.

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Do I need to apply if I received a presidential pardon?

If your only firearm restriction resulted from a federal conviction and you received a full presidential pardon, you generally do not need to apply. A separate conviction or prohibited status may still require additional relief.

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Does restoring my rights in Arizona remove a federal restriction?

Not necessarily. State restoration does not remove a firearm restriction resulting from a federal conviction. State and federal rights may need to be addressed separately.

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What should I do if my criminal-history records are incorrect?

Obtain a copy of the record from the FBI or the appropriate state agency. Any errors should be disputed with the law enforcement agency responsible for the record before submitting the restoration application.

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Contact Nava Law Firm About Restoring Your Firearm Rights

The new federal process may provide an opportunity to restore your firearm rights, but eligibility depends on your conviction, sentence, criminal history, and any separate restrictions under Arizona law. Reviewing these issues before applying can help you avoid missing records or other problems that may affect your request.

Our attorneys can review your circumstances, identify possible disqualifiers, and help you prepare for the application process. Call Nava Law Firm at 602-975-4990 or schedule a free consultation to learn whether you may qualify.