Federal Firearm Rights Restoration Is Back: What California Gun Owners Need to Know
- Don Hammond
- Aug 18
- 6 min read
For more than 30 years, people who lost their right to possess firearms under federal law had very little reason to believe they could get those rights back.
That may be changing.
The federal government has revived the process for seeking restoration of firearm rights under 18 U.S.C. § 925(c). For people with old federal firearm prohibitions, this could provide a new path toward restoring their rights.
But California gun owners need to understand one very important point:
Restoring your federal firearm rights does not automatically restore your rights under California law.
You may have to deal with both.
What Is 18 U.S.C. § 925(c)?
Federal law prohibits certain people from possessing firearms. These prohibitions are found primarily in 18 U.S.C. § 922(g).
Depending on the circumstances, federal law can prohibit firearm possession because of:
Certain felony convictions
Certain misdemeanor domestic-violence convictions
Certain mental-health adjudications or commitments
Certain military discharges or convictions
Other federal firearm disabilities
Section 925(c) provides a mechanism for some prohibited people to ask the federal government for relief.
In simple terms, you can ask the federal government to restore your federal firearm rights.
The problem is that this process effectively disappeared decades ago.
Why Wasn't Federal Restoration Available?
Section 925(c) has been part of federal law for decades.
But beginning in 1992, Congress prevented the federal government from using appropriated funds to process these applications.
The result was a strange situation: the law allowing people to seek restoration still existed, but the federal government generally wasn't processing applications.
That left many people with federal firearm prohibitions without a practical way to seek federal relief.
The Department of Justice is now creating a new process for handling these applications. The DOJ's Federal Firearm Rights Restoration program provides information about the new system and the requirements for seeking relief. DOJ Federal Firearm Rights Restoration Program
Who Might Be Eligible?
The new process may provide an opportunity for some people who are prohibited under federal law because of an old conviction or another federal firearm disability.
That can include people prohibited because of certain:
Felony convictions
Domestic-violence convictions
Mental-health prohibitions
Military-related firearm disabilities
Other federal prohibitions
But having an old conviction does not automatically mean you qualify.
The government will look at the individual circumstances of your case.
And certain serious offenses can create significant obstacles to restoration.
For example, serious violent offenses, homicide-related offenses, serious sexual offenses, and other serious criminal conduct can result in presumptions against granting relief.
The details matter.
Your Life Since the Conviction Matters
One of the most important considerations is what you have done since the event that caused your firearm prohibition.
Consider two people who received similar convictions 15 years ago.
One continued committing crimes and accumulated additional arrests and convictions.
The other completed probation, stayed out of trouble, built a career, raised a family, and has not had another criminal problem.
Those two people present very different cases.
Federal restoration is not simply about what happened years ago. The applicant's record and reputation and the likelihood that the applicant would pose a danger to public safety are important considerations.
In other words:
The government wants to know who you are today—not just what you did years ago.
What Will the Federal Government Look At?
A federal firearm-rights restoration application is not something you should treat like a simple government form.
Depending on the reason for your federal prohibition, you may need information and documentation concerning:
Your criminal history
Court records
Your sentence
Probation or parole
Previous rights-restoration proceedings
Military records
Mental-health records, when applicable
Arrests or convictions occurring after the original offense
The government can also investigate the information provided in the application.
That makes preparation important.
Before applying, you should know exactly what caused your federal firearm prohibition and what the government is likely to find when it reviews your history.
The Big Issue for California Gun Owners
Now we get to the part that is particularly important for people living in California.
Let's say you successfully obtain federal relief under § 925(c).
Can you immediately go out and buy a gun in California?
Not necessarily.
Federal restoration deals with the federal firearm prohibition.
It does not automatically eliminate an independent prohibition under California law.
The federal government's own materials recognize that federal relief does not necessarily restore a person's ability to possess firearms under state law.
That means California residents need to ask two separate questions:
1. Can I legally possess a firearm under federal law?
2. Can I legally possess a firearm under California law?
You need to be legally permitted under both systems before possessing a firearm in California.
This distinction is critical.
A person may successfully obtain federal relief but remain prohibited under California law.
Conversely, obtaining relief under California law does not necessarily eliminate a federal prohibition.
What About California Rights Restoration?
California has its own procedures that may restore or remove certain firearm prohibitions.
Which procedure applies depends on why you lost your firearm rights in the first place.
For example, the analysis can be very different depending on whether the prohibition resulted from:
A felony conviction
A misdemeanor conviction
A domestic-violence conviction
A mental-health prohibition
A restraining order
Another state-law firearm disability
That is why you should not assume that one type of "expungement" or dismissal will automatically restore your firearm rights.
Firearm rights restoration is a separate legal question.
The Federal Application Isn't Open Yet
There is another important point.
The Department of Justice is developing the new federal restoration system, but the DOJ's current information indicates that the online application is still "coming soon."
So if you've seen information online suggesting that everyone can already submit a completed federal restoration application, be careful.
The program is being established, but the online application process has not yet been opened for general submissions.
That doesn't mean you should wait.
Now is the time to prepare.
What Should You Do Now?
If you believe you may qualify for federal firearm-rights restoration, start by figuring out exactly why you're prohibited.
Then gather your records.
You should consider obtaining:
Your complete criminal history.
The court records from the conviction that caused the prohibition.
Your sentencing records.
Probation or parole records.
Records showing completion of your sentence.
Any dismissal, expungement, reduction, or other post-conviction orders.
Records concerning subsequent arrests or convictions.
Military or mental-health records, if they are relevant to your prohibition.
Then look at the bigger picture.
What have you done since the conviction?
Have you stayed out of trouble?
Built a career?
Raised a family?
Completed treatment or rehabilitation?
Become involved in your community?
Those facts may be important when the government evaluates whether restoration is appropriate.
Don't File Blind
If you have lost your firearm rights, it can be tempting to find an application online and submit it as quickly as possible.
That may not be the best approach.
Before filing, you should understand:
Exactly what federal law prohibits you
Whether you are eligible for federal relief
Whether you face a presumptive disqualification
What information the government will discover
Whether you have a separate California prohibition
Whether you need to pursue California relief as well
A restoration application is an opportunity to regain rights—but it also puts your history under a microscope.
Know your case before you file.
The Bottom Line
For decades, federal firearm-rights restoration under 18 U.S.C. § 925(c) was effectively unavailable.
That is changing.
The Department of Justice is establishing a process that may allow some people with federal firearm prohibitions to seek restoration of their rights.
But this is not an automatic restoration.
You still have to qualify.
You still have to apply.
The government will examine your history.
And if you live in California, you must separately determine whether California law allows you to possess firearms.
If you lost your firearm rights because of an old conviction or another federal prohibition, don't assume that you are permanently prohibited.
But don't assume that you can legally possess a firearm just because your conviction is old, either.
Find out exactly where you stand under both federal and California law before possessing a firearm.
If you're interested in hiring an attorney to help, call Don Hammond at 323-529-3660.
This article is for general informational purposes and is not legal advice. Federal and California firearm laws are complicated and depend on the specific facts of each case.
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