Under federal law, certain individuals are prohibited from possessing or acquiring firearms. These restrictions, commonly referred to as “firearms disabilities,” are outlined in 18 U.S.C. § 922(g) of the Gun Control Act of 1968. The law prohibits firearm ownership for certain persons, to include: certain types of felons, unlawful users of controlled substances, individuals with certain mental health adjudications, those convicted of domestic violence misdemeanors, and others deemed ineligible.
18 U.S.C. § 925(c) provides a mechanism for individuals subject to these restrictions to seek relief from “firearm disability.” 18 U.S.C. § 925(c) authorizes the Attorney General, upon application of a person prohibited from possessing a firearm, to restore the applicant’s rights. The Attorney General can grant this relief as long as he/she is satisfied that the circumstances regarding the prohibition, and the applicant’s record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public’s interest. However, the Attorney General had previously delegated its authority to review applications for relief from “firearm disability” to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
Despite this mechanism for relief being built into the law, since the early nineties the ATF has been prohibited from using any funds to review petitions from those with legal disabilities seeking restoration of their right to own a firearm. Recently however, Attorney General Pam Bondi has implemented an interim final rule, granting her office the power to process submitted petitions directly, thereby bypassing the ATF’s restrictions. While the mechanism has now been made to function more effectively, it is important to note that each state’s restrictions and regulations on firearms are still to be considered and adhered to when determining whether an applicant will be eligible for relief.
Significant reforms within the federal regulations of firearm ownership and qualifications make this a critical time to discuss and understand your gun rights and entitlements. The F | G Team is comprised of experienced attorneys with significant former federal and state experience, advocating for clients involved in sensitive matters. If you need a team of legal professionals to fight for you, call F | G to protect your rights.