Restoring Federal Firearm Rights with a Felony
Although federal law technically allows felons to apply for restoration of firearm rights, that process is effectively unavailable in practice. This article explains why the ATF relief mechanism no longer functions, how federal courts are blocked from intervening, and why—absent a pardon—most felony convictions permanently bar firearm possession.
Can a Felon Get Their Gun Rights Back?
This is a question that comes up from time to time when someone comes in who was convicted of a felony years—or even decades—ago and wants to know if there’s a way to restore their gun rights.
It’s a tricky question with an even trickier answer.
As most people know, a felony conviction makes it illegal to possess firearms or ammunition. That prohibition exists under both state and federal law. Even if Texas restores gun rights at the state level, federal law may still prohibit possession.
Federal Law Does Allow Restoration—On Paper
What surprises many people is that federal law technically allows felons to apply for restoration of firearm rights.
Under 18 U.S.C. § 925, the Attorney General is authorized to review applications for relief from federal firearms disabilities. A review board was created within the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) specifically for this purpose.
At least in theory, someone could apply, have their record reviewed, and receive relief.
Why the ATF Relief Process No Longer Works
Here’s where the process breaks down.
In 1993, Congress defunded the ATF’s firearm rights restoration program. Specifically, the agency was prohibited from spending any money to investigate or rule on these applications.
As a result, the review board still exists in name only. It does not operate in any practical way.
If someone submits an application today, it will typically be returned with an explanation that the program is defunded and no action can be taken.
Why Federal Courts Can’t Fix the Problem
Naturally, people ask whether a federal court can step in.
The problem is that courts generally can only review decisions. Because the ATF is not denying applications—but instead taking no action at all—courts have held that there is nothing to review.
That leaves federal judges without authority to intervene, even though the statute technically allows relief.
Are There Any Ways to Restore Federal Gun Rights?
In practice, there is only one path left:
- Executive clemency
- A presidential pardon for federal convictions
- A governor’s pardon for state convictions (with federal recognition)
- A presidential pardon for federal convictions
Absent clemency, there is currently no functioning mechanism to restore federal firearm rights after a felony conviction.
Why This Answer Usually Doesn’t Change
Many people explain that the conviction happened when they were young, that decades have passed, and that they’re now a completely different person.
Unfortunately, the legal answer remains the same in most cases.
Unless Congress re-funds the ATF review process—or the law changes entirely—this reality is unlikely to change. Restoring firearm rights for convicted felons is not a political priority, and there is little momentum for reform.
What to Do If You Have Questions About Firearm Rights
If you have questions, ideas, or have heard about a potential workaround, it’s always worth having the conversation. The law in this area is technical, unforgiving, and constantly evolving.
If anything changes, individuals who were previously told “no” may suddenly have options again.