Gun Rights Restoration Program — Can Felons Get Their Second Amendment Rights Back in 2026?
For decades, a felony conviction in the United States meant one thing for certain: you permanently lost your right to own a firearm. In 2026, the Trump administration is quietly changing that — and the legal and political fallout is significant.
Here is everything you need to know about the DOJ's revived gun rights restoration program.
Why Felons Lose Gun Rights in the First Place
Federal law under the Gun Control Act makes it a crime for anyone with a felony conviction, or certain misdemeanor domestic violence offenses, to possess a firearm. This has been the law for decades, with almost no realistic legal path back to gun ownership — until now.
A seldom-used provision in federal law under 18 U.S.C. § 925(c) technically allowed the Attorney General to restore firearm rights if an applicant could show they were not likely to be dangerous to public safety. But in 1992, Congress cut off the funding needed to run that process, effectively shutting it down for over thirty years.
What the DOJ Is Doing in 2026
The Trump administration is now moving to revive this long-dormant process and turn it into a sweeping national program that could eventually handle up to one million applications per year.
The revived program is housed in the Office of the Pardon Attorney, which has been given a new mandate and additional funding. The DOJ's FY 2026 budget allocates $448,000 to develop the infrastructure needed to intake, review, and decide applications.
The DOJ has already begun granting relief in individual cases without waiting for a final rule. Earlier in 2026, the DOJ listed 22 people in the Federal Register whose gun rights were restored after felony convictions, indictments, or other disqualifying events. Most had decades-old convictions for nonviolent offenses such as passing counterfeit money or receiving stolen vehicles.
Who Is Eligible — and Who Is Not
Under the proposed framework, ultimate discretion rests with Attorney General Pam Bondi, who will review applications case by case. Violent felons, registered sex offenders, and illegal aliens are presumptively ineligible absent extraordinary circumstances.
The proposed rule identifies a ten-year waiting period after serious felony convictions and a five-year waiting period for other offenses before an application can be considered. An online portal and modest application fee are also planned.
This process is separate from a presidential pardon. A pardon may restore civil rights broadly, but this specific program looks only at whether someone should be legally allowed to possess a firearm again — without erasing the underlying conviction from their record.
The Controversy: Who Made the List
The program immediately drew scrutiny because of who appeared on the approved list.
One of the individuals whose gun rights were restored was Arizona state Senator Jake Hoffman, who was indicted in 2024 for participating in a fake elector scheme to keep Trump in the White House in 2020. He received a presidential pardon from Trump but still faces active state felony charges in Arizona. Despite that ongoing indictment, the DOJ approved his application, describing him as a law-abiding citizen.
Critics including gun violence prevention groups say the lack of identifying information released with the list — no details about the individuals or the nature of their crimes — raises serious transparency concerns about how these decisions are being made.
The Supreme Court's Role
The legal foundation for this entire program rests on a landmark 2022 Supreme Court ruling. The DOJ's push to revive the program directly follows the Court's decision in New York State Rifle & Pistol Association v. Bruen, which expanded Second Amendment protections and has since triggered a wave of challenges to gun laws across the country — including laws that permanently bar felons from owning firearms.
By creating a formal review process, the DOJ can argue that the felon-in-possession statute is not an absolute ban but a conditional restriction with a built-in legal safety valve. Whether that argument holds up in future court challenges will shape the durability of the entire program.
What This Means If You Have a Felony Record
If you have a nonviolent felony conviction and have lived without additional criminal charges for at least five to ten years, you may eventually be eligible to apply for federal firearm rights restoration under this program.
The online portal is still in development. Until it launches, the DOJ is reviewing individual cases through the Office of the Pardon Attorney. The first step for anyone considering this is to consult a licensed criminal defense attorney who can evaluate your specific conviction, your state's laws, and whether federal restoration is realistic in your situation.
State gun rights laws vary widely and are separate from federal eligibility. Being approved federally does not automatically restore your rights in every state.
For detailed guidance on your specific situation, contact a licensed attorney in your state before taking any action related to firearms ownership.
This article is for informational purposes only and does not constitute legal advice.
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