Individuals convicted of felony white collar offenses face the loss of a range of civil rights, including the right to possess a firearm. Under current federal law (18 U.S.C. § 922(g)(1)), any individual who is convicted of any felony permanently loses his right to possess firearms. That absolute bar — which applies regardless of the felony’s nature or how long ago it occurred — is about to change.
On August 17, 2026, the Department of Justice (DOJ) finalized a new regulation establishing a process though which certain individuals who currently are prohibited from possessing firearms may apply for restoration of their firearm rights. The new process — known as Federal Firearm Rights Restoration (FFRR) — will be launched in stages:
- On September 25, 2026, the FFRR application will open to invited candidates.
- On November 4, 2026, the application will open to the public. (The first 5,000 candidates can apply.)
- On January 4, 2027, the application will reopen to the public. (An additional 500 candidates can apply.)
The DOJ has not yet specified when the application will reopen to more candidates after the 500 application slots available on January 4, 2027, have been filled.
Importantly, restoration of firearm rights under the FFRR process is neither automatic nor guaranteed. While anyone who is prohibited from handling firearms under 18 U.S.C. § 922(g) can apply for FFRR relief, the DOJ has identified five types of presumptive disqualifiers that will cause an application to be automatically denied (unless the individual can demonstrate that the extraordinary circumstances of his case overcome the presumption).
The five categories of presumptive disqualification are:
- Current status – An individual’s application presumptively will be denied if he currently has one of several enumerated statuses. For example, individuals who are currently awaiting sentencing for a crime or who are currently incarcerated or serving any part of a sentence are presumptively ineligible for FFRR relief under the “current status” disqualifier.
- Permanent – An individual’s application presumptively will be denied if he has ever been convicted of committing, attempting, soliciting, conspiring to commit, or aiding or abetting the commission of a felony that involves certain enumerated conduct, which includes numerous violent crimes.
- 10 years – An individual’s application presumptively will be denied if, within the last 10 years, he was convicted of or served any part of a sentence for certain enumerated felonies or a misdemeanor crime of domestic violence.
- Five years – An individual’s application presumptively will be denied if, within the last five years, he was convicted of or served any part of a sentence for any other felony not enumerated within the “10 years” disqualifier or for misdemeanor assault, battery, stalking, or a threatened act of violence. The term “sentence” includes all sentencing conditions, including not only incarceration, but also supervised release, payment of restitution or any other imposed obligation.
- Reapplication – An individual’s application presumptively will be denied if any of his prior applications were denied based on a permanent presumptive disqualifier or if any of his prior applications were denied within the last five years for certain enumerated reasons.
Detailed information regarding the presumptive disqualifiers is available on the DOJ’s website.
Who is a good candidate for FFRR relief? Individuals who were convicted of non-violent felonies, who finished serving their sentences more than five years ago, and who have kept a clean record ever since may be eligible for relief — assuming that they do not meet any of the other presumptive disqualifiers.
The process for applying for FFRR relief will involve:
- Gathering required documents;
- Completing an online application;
- Paying a $30 application fee (note that information available on the DOJ’s website indicates that the application fee may not go into effect until January 4, 2027);
- Submitting electronic fingerprints;
- Submitting three character references; and
- Responding to any questions or requests received from the Office of the Pardon Attorney.
Individuals previously convicted of white collar offenses appear particularly well suited to invoke the FFRR process. Since a limited number of candidates will be considered when the application opens to the public on November 4, those interested in pursuing restoration should begin preparing to apply now. Interested candidates should review their records against the disqualifier categories, begin gathering the required documentation, and line up character references so that they are ready to apply when the application opens.
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