Understanding Changes to Federal Gun Rights Restoration
My name is Ted Hasse. I’m a Muscogee Creek Nation tribal court attorney practicing in federal and tribal courts here in Oklahoma.
Now that we’re at the beginning of 2026, there have been some important developments on the Second Amendment front that could affect individuals who’ve lost their gun rights. It appears that, under new Department of Justice policies, some people who were previously prohibited from owning firearms—those with felony or domestic violence convictions—may soon have a path to having their rights restored.
Background on Gun Rights Limitations and Legal Changes
This is the third video in what I expect will be a four-part series discussing federal gun rights and the potential restoration process that may be coming.
For background: in the past, people with federal felony convictions—or misdemeanor domestic violence convictions—had virtually no way to regain their gun rights. Federal law prohibits firearm possession by anyone convicted of such crimes, and unlike at the state level, federal convictions generally cannot be expunged. Outside of a presidential pardon—which is extremely rare—there’s been no viable route for restoration.
That may be changing. Recent reports suggest that the Department of Justice, under the new administration led by Attorney General Pam Bondi, is evaluating whether certain individuals might qualify to have their rights restored under Title 18, U.S. Code, Section 925(c).
Potential for Restoring Gun Rights Under New Policies
This statute technically allows individuals to apply for the restoration of gun rights. However, since 1992, Congress has blocked funding for the ATF to process those applications, making the law effectively dormant for more than three decades. Now, early signs suggest that the DOJ may be taking steps to revive the process.
One possible catalyst appears to be a February 7, 2025 Executive Order from the White House titled “Protecting Second Amendment Rights.”
Section 1 of that order emphasizes the Second Amendment as an “indispensable safeguard” of security and liberty. Section 2 directs the Attorney General to review existing laws, orders, and regulations to identify any ongoing infringements on citizens’ Second Amendment rights.
What This Means for Individuals and Next Steps
That order may be what prompted the Department of Justice to begin exploring ways to reopen or modernize the restoration process. Initial reports suggest they’re starting with a small group—perhaps around 95 applicants—and may recommend restoring rights to a handful of them.
If this initiative moves forward, it could expand to include more individuals over time. Those who are already reaching out to the DOJ or working with attorneys to advocate for their rights may find themselves near the front of the line once a process is formally established.
Get Assistance with Restoring Your Gun Rights — Low-Cost Consultation
If you or a loved one have lost your federal gun rights due to a conviction and are interested in restoring them, we’d be happy to discuss what options might exist. You can reach us at 918-932-2800. Again, my name is Ted Hasse and I’m a Muscogee Creek Nation criminal defense attorney.
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