DOJ Issues Notice of Proposed Rule Making for Application for Relief from Federal Firearms Disabilities

Overview

The Department of Justice (DOJ) proposes amendments to 28 CFR Part 25 and the addition of a new 28 CFR Part 107 to implement 18 U.S.C. 925(c), enabling individuals prohibited from possessing firearms under 18 U.S.C. 922(g) to apply for relief from federal firearms disabilities. The rule balances Second Amendment rights, as reinforced by Supreme Court decisions (District of Columbia v. Heller (2008), N.Y. State Rifle & Pistol Ass’n v. Bruen (2022), United States v. Rahimi (2024)), with public safety by establishing detailed criteria for the Attorney General to evaluate applications. The NPRM addresses past issues with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) administration of the relief process, which was halted by Congress in 1992 due to funding restrictions and concerns over granting relief to dangerous individuals, such as felons convicted of violent crimes like homicide or sexual assault (Page 6). The rule responds to constitutional challenges to 18 U.S.C. 922(g)(1), particularly for non-violent felons, by providing a functional relief process.

Key features include:

• Presumptive Disqualifications: Certain applicants are presumptively ineligible unless they demonstrate extraordinary circumstances, ensuring public safety (Page 10).
• Holistic Review: The Attorney General uses a non-categorical approach, examining specific offense facts, criminal history, mental health, substance use, and community input (Pages 18–19, 43–44).
• Application Process: Requires detailed documentation, a $20 fee (with waivers for indigency), and notification to local law enforcement (Pages 21, 38–42).
• Federal Firearms Licensees (FFLs): Provisions allow FFLs to continue operations during application processing under specific conditions (Page 46).
• Public Comment: Comments on disqualifying offenses, time periods, and economic impacts are due by October 20, 2025, 90 days after the anticipated Federal Register publication on July 22, 2025 (Page 2, based on an X post), via https://www.regulations.gov or mail to Kira Gillespie, Deputy Pardon Attorney, U.S. DOJ, 950 Pennsylvania Avenue NW, Washington, DC 20530.

Presumptively Disqualifying Conditions and Definitions

The NPRM identifies categories of individuals who are presumptively ineligible for relief under 18 U.S.C. 925(c), meaning their applications will be denied absent extraordinary circumstances. These exclusions, detailed on Pages 34–37, ensure that individuals likely to act in a manner dangerous to public safety or whose relief would be contrary to the public interest are not granted firearms rights. Below is the complete list of disqualifying conditions, including the ten-year exceptions for drug trafficking and misdemeanor domestic violence offenses:

1. Convictions for Violent Crimes (§107.1(a)(1), Page 34)
   • Definition: Applicants convicted of offenses punishable by imprisonment exceeding one year (as defined in 18 U.S.C. 921(a)(20)) involving the following conduct are disqualified:
     • Death of another person: Homicide, including murder or manslaughter, resulting in the death of an individual.
     • Sexual abuse or sexual assault: Nonconsensual sexual acts or contact, as defined in 18 U.S.C. Chapter 109A (e.g., rape, sexual battery).
     • Human trafficking: Exploitation or transportation of individuals for forced labor or services (e.g., sex trafficking, forced labor).
     • Kidnapping: Unlawful seizure or confinement of a person, as defined in 18 U.S.C. 1201.
     • Intimate partner and domestic violence: Violence against a spouse, partner, or household member (e.g., spousal abuse, child abuse).
     • Animal abuse: Cruelty or harm to animals, indicating a propensity for violence.
     • Burglary: Unlawful entry into a building with intent to commit a crime, often linked to violence (Page 12).
     • Robbery: Taking property from a person by force or threat of force.
     • Extortion: Obtaining property or services through coercion or threats.
     • Carjacking: Taking a motor vehicle by force or violence.
     • Arson: Intentional setting of fires to property, posing significant danger.
     • Racketeering (with violent predicate acts): Organized crime activities where at least one underlying act involves violence (e.g., violent RICO violations).
     • Gang-related offenses: Crimes committed in association with criminal street gangs.
     • Assault or battery: Physical attacks or harmful contact with another person (e.g., simple or aggravated assault).
     • Threats of violence: Expressions of intent to harm others, whether acted upon or not.
     • Stalking: Repeated, unwanted pursuit or harassment causing fear.
     • Escape or rescue of a fugitive: Actions to evade custody or assist others in doing so.
     • Terrorism: Acts intended to intimidate or coerce for political or ideological purposes.
     • Witness tampering: Interfering with witnesses to obstruct justice.
   • Rationale: These offenses are linked to high recidivism rates for violent crimes, with research showing violent offenders, especially those convicted of assault or robbery, are more likely to recidivate violently (Page 12, citing Bureau of Justice Statistics data).
2. Convictions for Specific Firearm-Related Felonies (§107.1(a)(2), Page 35)
   • Definition: Applicants convicted of felony offenses involving conduct prohibited under 18 U.S.C. 922(g), (i), (j), (k), (l), (n), (o), (q), or (u), or 18 U.S.C. 932 and 933, are disqualified, except those convicted under 18 U.S.C. 922(g)(1) where the underlying conviction is not itself presumptively disqualifying. This includes violations related to:
     • Fugitives from justice (922(g)(2)).
     • Unlawful users of controlled substances (922(g)(3)).
     • Aliens unlawfully present or on certain nonimmigrant visas (922(g)(5)).
     • Persons dishonorably discharged from the Armed Forces (922(g)(6)).
     • Persons who renounced U.S. citizenship (922(g)(7)).
     • Persons subject to domestic violence restraining orders (922(g)(8)).
     • Other specified firearms offenses (e.g., unlawful sales, possession in school zones).
   • Rationale: These statuses indicate a lack of respect for the law or ongoing dangerousness, but the exception for 922(g)(1) allows consideration of non-violent felony convictions not listed elsewhere (Page 10).
3. Convictions for Explosives-Related Felonies (§107.1(a)(3), Page 35)
   • Definition: Applicants convicted of felonies involving the manufacture, possession, transfer, or use of explosives are disqualified.
   • Rationale: Explosives-related offenses pose a significant public safety risk due to their destructive potential (Page 35).
4. Felonies Involving Violent Acts or Firearm Use (§107.1(a)(4), Page 35)
   • Definition: Applicants convicted of any felony where they committed or threatened acts of violence, or used, brandished, or discharged a firearm or explosive during the offense, are disqualified.
   • Rationale: Such conduct indicates a high risk of dangerousness, even if the offense is not explicitly listed under (a)(1) (Page 35).
5. Attempts, Solicitations, Conspiracies, or Aiding and Abetting (§107.1(a)(5), Page 35)
   • Definition: Applicants convicted of attempting, soliciting, conspiring to commit, or aiding and abetting any of the offenses listed in (a)(1) through (a)(4) are disqualified.
   • Rationale: These preparatory or supportive actions reflect the same dangerous intent as completed offenses (Page 35).
6. Sex Offender Registration (§107.1(a)(6), Page 35)
   • Definition: Applicants currently required to register under the Sex Offender Registration and Notification Act (SORNA, 34 U.S.C. 20911–20932) or a comparable state statute, based on an offense that disqualified them from possessing firearms under the Gun Control Act, are disqualified.
   • Rationale: Sex offender registration reflects an ongoing assessment of dangerousness, with studies showing sex offenders are three times more likely to be rearrested for sex crimes (7.7% vs. 2.5% for property offenders within 9 years, Page 13, citing Bureau of Justice Statistics and SMART Office data).
7. **Drug Trafficking Convictions Within 10 Years (§107.1(a)(7), Page 35) – Ten-Year Exception
   • Definition: Applicants are presumptively disqualified if, within the last 10 years from the completion of their sentence (including probation, parole, supervised release, or other supervision), they have been convicted of a felony offense under state or federal law, punishable by imprisonment exceeding one year, that involves:
     • The manufacture, import, export, distribution, or dispensing of a controlled substance, or
     • Possession of a controlled substance with intent to manufacture, import, export, distribute, or dispense.
     • This includes convictions for attempting, soliciting, conspiring to commit, or aiding and abetting such offenses.
   • Rationale: Drug trafficking is closely linked to violent crime, as traffickers may use firearms to protect drug stockpiles, territory, or for retaliation (Page 15, citing United States v. Barton, 653 F.3d 168 (3d Cir. 2011)). Studies show over 80% of drug traffickers are rearrested within 10 years, with recidivism rates decreasing over time (Page 16, citing U.S. Sentencing Commission and Bureau of Justice Statistics data). The 10-year period reflects the time when most offenders likely to recidivate do so, allowing consideration of those who demonstrate responsibility afterward (Page 14). State laws vary, with some minor offenses (e.g., possessing small amounts of marijuana for distribution) not necessarily indicating long-term danger (Page 16, citing Alabama and Arkansas statutes).
   • Exception: After 10 years from sentence completion, applicants may be considered for relief if they demonstrate good behavior (e.g., no further arrests or criminal activity) and meet the statutory criteria of not being likely to act in a manner dangerous to public safety and that granting relief is not contrary to the public interest (Page 14). This allows individuals with minor drug distribution offenses to potentially qualify for relief based on a track record of responsibility (Page 17).
8. **Misdemeanor Domestic Violence Within 10 Years (§107.1(a)(8), Page 37) – Ten-Year Exception
   • Definition: Applicants are presumptively disqualified if, within the last 10 years from the completion of their sentence (including probation, parole, supervised release, or other supervision), they have:
     • Been convicted of a misdemeanor crime of domestic violence, as defined in 18 U.S.C. 921(a)(33) and 27 CFR 478.11 (i.e., an offense involving the use or attempted use of physical force, or threatened use of a deadly weapon, by a current or former spouse, parent, guardian, or person in a similar relationship to the victim), or
     • Engaged in behavior demonstrating a continued propensity for violence at any time within 10 years following such a conviction.
   • Rationale: Misdemeanor domestic violence offenses are significant because many serious spousal or child abuse cases result in misdemeanor rather than felony convictions (Page 17, citing United States v. Hayes, 555 U.S. 415 (2009)). Such behavior indicates a potential for ongoing violence, justifying disqualification. However, not all such offenses involve firearms or lethal violence, and good behavior over time (e.g., no subsequent arrests, no reports of violent or threatening behavior, no additional protective orders) may indicate eligibility (Page 17).
   • Exception: After 10 years from sentence completion or cessation of violent behavior, applicants may be considered for relief if they show the underlying offense did not involve a firearm or potentially lethal violence and their subsequent conduct supports granting relief under 18 U.S.C. 925(c) (Page 17).
9. Other Felony Convictions Within 5 Years (§107.1(a)(9), Page 37)
   • Definition: Applicants convicted within the last 5 years, or who served any part of a sentence for any other felony offense punishable by imprisonment exceeding one year (not covered by other disqualifications), are disqualified.
   • Rationale: These offenses are less serious than violent or drug-related crimes, but applicants must demonstrate 5 years of good behavior post-sentence to show they are not a risk to public safety (Page 18, citing U.S. Sentencing Commission data on lower recidivism with age).
10. Current Imprisonment (§107.1(a)(10), Page 37)
    • Definition: Applicants currently serving a sentence of imprisonment are disqualified.
    • Rationale: Active incarceration indicates ongoing criminal justice control and unsuitability for firearms possession (Page 37).
11. Current Supervision (§107.1(a)(11), Page 37)
    • Definition: Applicants currently on probation, parole, supervised release, or other supervision as part of a criminal sentence are disqualified.
    • Rationale: Ongoing supervision reflects a lack of full rehabilitation and potential risk (Page 37).
12. Current Federal Firearms Disabilities (§107.1(a)(12), Page 37)
    • Definition: Applicants currently subject to disabilities under 18 U.S.C. 922(g)(2) (fugitives from justice), (g)(3) (unlawful users of controlled substances), or (g)(8) (subject to domestic violence restraining orders) are disqualified.
    • Rationale: These statuses indicate a lack of respect for the law or ongoing dangerousness, often resolvable by discontinuing unlawful conduct or modifying restraining orders (Page 10, citing cases like Fried v. Garland and United States v. Posey).

Additional Notes on Disqualifications

• Ten-Year Exception Details: The 10-year period for drug trafficking (§107.1(a)(7)) and misdemeanor domestic violence (§107.1(a)(8)) begins after sentence completion, including supervision (Page 14). Applicants may apply before the period elapses, but relief is unlikely absent extraordinary circumstances (Page 15). The period reflects research showing most recidivism occurs early, with rates declining over time (Page 14, citing a Bureau of Justice Statistics study: 66% of state offenders rearrested within 3 years, 13% in year 5, 4% in year 10).
• Rebuttable Presumption: Applicants may attempt to rebut presumptive disqualifications with extraordinary circumstances, but the burden is high (Page 11).
• Holistic Review: The Attorney General considers specific offense facts, not just statutory elements, avoiding a “categorical approach” (Pages 18–19). Additional factors include criminal history, mental health, substance use, arrests, restraining orders, and input from the chief law enforcement officer of the applicant’s locality (Pages 19–20, 43–44).
• Research Basis: Disqualifications are supported by studies showing higher recidivism for violent offenders (Page 12), sex offenders (Page 13), and drug traffickers (Page 16), with violent offenders more likely to commit further violent crimes (Page 12).

Application Process

Applicants must submit (Pages 38–42):

• Statements of applicable 922(g) prohibitions.
• Criminal records, sentencing documents, plea agreements, and certificates of sentence completion.
• Mental health certifications (if applicable, e.g., for those adjudicated as mental defectives, Page 44).
• Military discharge records (if dishonorably discharged).
• Affidavits from three references attesting to the applicant’s character, lack of recent criminal activity, substance abuse, mental health issues, or violent behavior (Page 41).
• An applicant affirmation denying recent crimes, substance abuse, mental health issues, or gang affiliation within 10 years, and notifying the local chief law enforcement officer (Page 42).
• Two FBI fingerprint cards or an electronic scan, and state/local criminal record checks (Page 40).

A $20 fee offsets the estimated $20 million annual cost for processing 1 million applications, with waivers for indigent applicants (Page 21). Incomplete applications can be amended within 30 days, or they are abandoned (Page 45).

Limits of Relief

• Relief applies only to federal firearms disabilities, not state prohibitions (Page 20).
• New disabilities (e.g., subsequent convictions) require reapplication (Page 45).
• FFLs may continue operations for 30 days post-disability or during application pendency, with conditions (Page 46).
• Relief can be revoked if the applicant provides false information (Page 48).

Regulatory and Economic Impact

• Cost Estimates: $67.92 million annually, including $47.92 million in labor (1 million applicants at 60 minutes each, $47.92/hour, based on Bureau of Labor Statistics data for March 2025) and $20 million in fees (Page 24). For small businesses (e.g., FFLs), the impact is $3,344 for 195 licensees (Page 26).
• Compliance: Not a significant regulatory action under Executive Order 12866, no federalism implications (E.O. 13132), and meets other standards (Pages 23–25). Requires a new information collection under the Paperwork Reduction Act (Page 30).
• Deregulatory Action: Considered deregulatory under E.O. 14192, restoring Second Amendment rights for eligible individuals (Page 31).

Public Participation

Comments are invited on disqualifying offenses, time periods, and economic impacts, due by October 20, 2025, via https://www.regulations.gov or mail to Kira Gillespie, Deputy Pardon Attorney, U.S. DOJ, 950 Pennsylvania Avenue NW, Washington, DC 20530 (Page 2). Electronic comments must be submitted by 11:59 p.m. Eastern Time on the final day (Page 2).