Understanding Federal Gun Rights Laws and Restoration Options
My name is Ted Hasse. I’m a Muscogee Creek Nation tribal court attorney practicing in both federal and tribal courts here in Oklahoma.
In this video, I want to talk about what federal laws apply to individuals who’ve lost their gun rights and want to restore them—particularly those who lost them due to a felony conviction or a domestic violence conviction.
The Federal Law Governing Gun Rights Restoration
The key statute is Title 18 of the United States Code, Section 925(c). This law outlines a process by which individuals who have lost their gun rights can apply to have them restored. Under federal law, anyone convicted of a felony—or of a domestic violence offense in any court, whether state, tribal, or federal—is prohibited from owning or possessing a firearm.
Section 925(c) describes how someone in that position can seek to have those rights restored. The process would typically begin with an application to the Department of Justice, historically handled by the Bureau of Alcohol, Tobacco, and Firearms (ATF). The ATF would conduct an investigation, make recommendations, and pass those along to the DOJ. If the Attorney General declined to restore the rights, the statute allows the applicant to go to court and seek a judicial review.
Challenges and Recent Developments in Gun Rights Restoration
However, here’s the big catch: since 1992, Congress has defunded this process, meaning that no resources can be used—at least by the ATF—to handle these applications. As a result, for more than three decades, the process has been dormant, and individuals have not been able to get their gun rights restored through this federal pathway.
In 1996, Congress amended the firearm prohibition statute to include individuals convicted of misdemeanor domestic violence offenses. That change expanded the number of people who permanently lost their gun rights, even for lower-level convictions. For most, especially those with federal convictions that cannot be expunged, the only real path to restoration has been a presidential pardon—something that’s extremely rare.
Possible Changes Under the Current Administration
So, what’s changed in 2026? Under the new administration, which appears to be more friendly toward Second Amendment rights, there are signs that the Department of Justice may be revisiting this long-dormant process. A March 2025 article in The New York Times reported that high-level DOJ officials are reviewing cases of individuals who may qualify to have their rights restored—apparently under Section 925(c).
One of the most publicized names connected to this review is Mel Gibson, the Hollywood actor and director, who reportedly lost his gun rights due to a misdemeanor domestic violence conviction in California. According to reports, the DOJ is considering a limited number of cases—many of them individuals who have already reached out and asked to have their rights restored.
What This Means for You and Next Steps
So what does this mean for others in the same situation? It suggests that now may be the right time to reach out to the Department of Justice and begin that conversation—especially for those who have been waiting years for a process like this to reopen. It appears that the individuals currently under consideration are those who have been proactive—people who have already made contact and expressed their intent to have their rights reviewed.
Our office is assisting clients in evaluating whether they might qualify for such a process and what the likelihood of success might be.
Low-Cost Consultation: Reclaim Your Gun Rights
If you’d like to talk about restoring your gun rights under federal law, we’d be happy to discuss your options. You can reach a Muscogee Creek Nation criminal defense attorney at 918-932-2800. Again, my name is Ted Hasse, and I look forward to helping you explore your legal possibilities.
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