Veterans with nonviolent felony or court-martial convictions may soon have the ability to apply to have their Second Amendment restored if they meet certain criteria.
Federal law prohibits anyone with a felony conviction from possessing a firearm, regardless of the circumstances of the conviction. Veterans discharged from the service under dishonorable conditions are also banned under federal law from keeping or bearing firearms. These restrictions persist even when sentences have been served.
While persons with felony convictions retain their fundamental rights to speak, assemble, and worship, their right to keep and bear arms remains out of reach. And until recently, they haven’t had a meaningful mechanism for obtaining restoration of fundamental Second Amendment rights.
As legal challenges to federal firearms bans mount, the Department of Justice recently rolled out a new, proposed rule that breathes life into a defunct law and process that allows for restoration of Second Amendment rights in limited circumstances. This law—18 U.S.C. § 925(c)—has long provided for a path for persons with felony convictions to apply to have their gun rights restored. Since 1992, however, Congress has prevented the Bureau of Alcohol, Tobacco, Firearms, and Explosives—the agency previously responsible for administering Section 925(c)–because of the statute’s drain on ATF resources and the agency’s questionable determinations in the 1980s and early 1990s to give firearm rights back to dangerous people.
But the Department of Justice under Attorney General Pam Bondi has published a proposal that revives Section 925(c) and removes the decision making authority from the ATF to her office. Under the proposal, this once neglected law may again give eligible veterans and others with felony convictions the opportunity to win back their Second Amendment rights “while”, according to the draft rule, “simultaneously ensuring that violent or dangerous individuals remain disabled from lawfully acquiring firearms.”
Published July 22, 2025, the DOJ’s proposed rule should take effect after the 90-day public comment period expires. Until then, the rule remains subject to revision and rewrite. The following sections will highlight key provisions of the rule as presently written.
What are the Eligibility Requirements for Restoration of Federal Firearms Rights?
The stairwell to restoration of federal firearms rights for veterans and others remains a steep climb under the DOJ’s proposed rule. Unlike previous efforts to implement Section 925(c), the DOJ developed criteria potential applicants must meet and the Attorney General must consider before anyone with a prior felony conviction gets their firearms rights restored.
To begin with, applicants must prove to the Attorney General’s satisfaction that they “will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest.” Although neither the law nor the rule prohibit persons convicted of violent felonies from applying, they likely will not be able to overcome the legal standard for restoration absent extraordinary circumstances. On the other hand, those convicted of nonviolent felonies are most likely to have their applications considered for relief.
The reason is that DOJ, consistent with Section 925(c), concluded that certain characteristics render some applicants presumptively unable to obtain relief based on the nature and circumstances of their prior offenses. The proposed rule envisions three presumptively disqualifying categories of offenses.
The first category covers the most serious crimes. Applicants with “presumptively disqualifying” felony convictions for crimes of violence—as that term is defined in federal law– will have their applications for relief denied unless they show “extraordinary circumstances.” Persons with federal or state convictions for murder, sexual abuse, sexual assault, human trafficking, terrorism, domestic violence, stalking, and other violent crimes, for example, will be presumptively disqualified from restoration of federal firearms rights, as will registered sex offenders.
A second category imposes a 10-year presumptive disqualification. Under this category, individuals convicted of state or federal drug distribution crimes within the past 10 years will be presumptively disqualified. Further, individuals convicted of misdemeanor domestic violence offenses will also have a 10-year presumptive disqualification period, as will anyone convicted of committing or threatening acts of violence or using, brandishing, or discharging a firearm in furtherance of such an offense.
The third category entails a five-year presumptive disqualification for all other offenses, including nonviolent felony convictions. In other words, an applicant who was convicted of, say, federal wire fraud within the last five years will be presumptively disqualified from Section 925(c) consideration until sufficient time has passed.
What is the Application Process?
Applications will have to include extensive information under the proposed rule. Potential applicants will need to read the rule carefully to ensure they submit all required information and attachments or else risk having their applications returned for being incomplete. For example, applications will have to include documentation from prior arrests and convictions. Applicants will need to attach fingerprint cards and federal and state background checks. And they’ll have to collect affidavits from three references (not blood relatives) and complete their own affidavit attesting to certain matters. These are just some, but not all of the required information to support an application for relief from federal firearms disabilities.
The process will further require notification to the chief law enforcement officer where applicants live. The chief law enforcement officer will have 14 days to provide comments supporting or opposing an application.
Finally, the Attorney General may grant relief if an applicant has shown that the reasons for the firearms restriction, along with the applicant’s record and reputation, render him or her unlikely to act in a manner dangerous to public safety. The Attorney General, as well, must assess whether granting relief will be contrary to the public interest. Whenever she grants relief, she’ll have to make the decision and her rationale public in the Federal Register.
What About Court-Martial Convictions?
Federal law makes it a crime for anyone discharged from the Armed Forces under dishonorable conditions from possessing firearms. Veterans who were convicted at a general court-martial and received a dishonorable discharge, or dismissal if they were an officer, would be able to request relief from the firearm ban under the DOJ’s proposed rule. But if their conviction was for a presumptively disqualifying offense, such as sexual assault or sexual abuse, then they will have little likelihood of success absent extraordinary circumstances.
Service members at a special court-martial, however, face a maximum of one year imprisonment. While special court-martial convictions qualify as federal convictions, they are not necessarily felony offenses. Whether an underlying offense at a special court-martial qualifies as a felony often requires a state-by-state analysis. Whether an offense qualifies as a felony or misdemeanor under federal law depends on the “maximum term of imprisonment authorized.”
But in some circumstances, the type of court-martial may not matter. A veteran convicted of domestic violence at any court-martial would probably still be prohibited from possessing a firearm under federal law. If veterans are unsure about the collateral consequences of a court-martial conviction, they may want to consult an attorney.
Lastly, veterans who were discharged under dishonorable conditions will have to provide additional documentation with their application for relief from federal firearms disabilities. They’ll need to include a copy of their Department of Defense Form 214, their charge sheet, and their final court-martial order. Veterans with civilian (non-military) felony convictions may still want to include their DD-214 and other service-related information in support of their application.
Parting Shots
Potential applicants must keep in mind that DOJ’s proposed rule pertains to relief from federal firearms restrictions only. Relief at the federal level, therefore, will not restore applicants’ right to possess firearms under state laws. If your state prohibit persons with felony convictions from possessing firearms, then you would have to request relief from your state authorities even if you receive a favorable determination from the Attorney General.
The DOJ’s rule also does not require applicants to have legal representation. But veterans and others may benefit from the assistance of counsel. An experienced attorney can advise veterans about their eligibility to apply for restoration of their Second Amendment rights and help gather, organize, and prepare the necessary paperwork.
Veterans, though, volunteered to support and defend the Constitution. Yet federal law permanently strips them of their fundamental Second Amendment rights if they’ve been convicted of any felony offense under state or federal law. The DOJ’s proposed rule takes a laudable first step toward easing this ongoing constitutional infringement, affording veterans and other individuals with nonviolent felony convictions the opportunity, at last, to secure the Constitution’s full blessings of liberty for themselves.
For more information about this topic and other matters, please visit our resources section on our website.
This article is for informational purposes only and is not legal advice. Readers are encouraged to speak with counsel of their choice for advice concerning their specific circumstances.
Contact us today or schedule a consultation to learn more about how we can help
