This is the third in a series of articles which examine a proposed administrative rule that was published in the Federal Register on July 22, 2025 (Proposed Rule). If implemented, the Proposed Rule will govern the submission, review, and administrative adjudication by the U.S. Department of Justice of applications for relief from federal prohibited person status relating to the possession, etc., of firearms and ammunition (Prohibited Persons).
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The first article in this series introduced readers to the history and availability of relief under 18 U.S.C. § 925(c) (Section 925). CLICK HERE to read the first article. |
The second article in this series discussed the “holistic” standard of review of applications for Section 925 relief. CLICK HERE to read the second article. |
This, the third article in this series, discusses eligibility requirements for Section 925 relief, or more accurately, as will be explained, facts which may disqualify a person from Section 925 relief.
As mentioned in Part 2 of this series, the pending administrative rule contemplates a “holistic” approach to adjudication of Section 925 applications, which means that although there will be guidelines, adjudicatory decisions will largely be subjective, rather than objective, in nature.
This subjective review will take the form of rebuttable presumptions of ineligibility. Although an applicant’s disqualifying conviction(s) may create a presumption of lifetime ineligibility, or ineligibility for a certain period of time, the presumption is rebuttable, meaning the presumption can, with sufficient evidence, be overcome.
Perhaps more importantly, even though an applicant may not be presumptively ineligible for Section 925 relief, that fact alone will not ensure the granting of relief.
Presumptively disqualifying convictions include:
I. Crimes of Violence
III. Explosive-related Felonies
IV. Miscellaneous Offenses
VI. Sex Offender Registrants
VII. Ten-Year and Five-Year Exceptions to Disqualification
1. Ten-Year Exceptions
2. Five-Year Exceptions
Applicants must be able to demonstrate good-behavior during all periods subsequent to their disqualifying conviction(s).
As a reminder, although a person who has been convicted of one or more of the above offenses will be considered presumptively ineligible for Section 925 relief, that presumption may be rebutted in particular cases, provided there exists compelling evidence to support the granting Section 925 relief.
As mentioned in Part 2 of this series, the pending administrative rule contemplates a “holistic” approach to adjudication of Section 925 applications, which means that although there will be guidelines, adjudicatory decisions will largely be subjective, rather than objective, in nature.
This subjective review will take the form of rebuttable presumptions of ineligibility. Although an applicant’s disqualifying conviction(s) may create a presumption of lifetime ineligibility, or ineligibility for a certain period of time, the presumption is rebuttable, meaning the presumption can, with sufficient evidence, be overcome.
Perhaps more importantly, even though an applicant may not be presumptively ineligible for Section 925 relief, that fact alone will not ensure the granting of relief.
Presumptively disqualifying convictions include:
I. Crimes of Violence
- Murder or manslaughter.
- Sexual abuse; Sexual assault.
- Human trafficking.
- Kidnapping; False imprisonment.
- Domestic violence; Child abuse.
- Assault or battery (non-domestic violence).
- Threats of violence.
- Stalking.
- Cruelty to animals.
- Burglary.
- Robbery (including carjacking).
- Extortion.
- Arson.
- Racketeering (with violent predicate acts).
- Gang-related offenses.
- Escape or rescue of a fugitive.
- Terrorist acts.
- Witness tampering.
III. Explosive-related Felonies
IV. Miscellaneous Offenses
- Fugitives from justice.
- Unlawful users of controlled substances.
- Aliens unlawfully present in the United States or on certain non-immigrant visas.
- Persons dishonorably discharged from the Armed Forces.
- Persons who renounced their U.S. citizenship.
- Persons subject to domestic violence restraining orders.
- Specified firearms offenses (e.g., unlawful sales, possession in school zones, etc.).
- Persons who are currently incarcerated or are on parole or probation.
VI. Sex Offender Registrants
VII. Ten-Year and Five-Year Exceptions to Disqualification
1. Ten-Year Exceptions
- Generally
- Persons convicted of certain offenses are presumptively ineligible for Section 925 for Ten-Years following the completion of their sentence.
- Specific Offenses
- Drug Trafficking
- Misdemeanor Crimes of Domestic Violence
2. Five-Year Exceptions
- Generally
- Persons convicted of certain offenses are presumptively ineligible for Section 925 for Five-Years following the completion of their sentence.
- Persons convicted of certain offenses are presumptively ineligible for Section 925 for Five-Years following the completion of their sentence.
- Specific Offenses
- Other felony offenses that are not subject to a lifetime firearms ban or a Ten-Year or Five-Year ban.
Applicants must be able to demonstrate good-behavior during all periods subsequent to their disqualifying conviction(s).
As a reminder, although a person who has been convicted of one or more of the above offenses will be considered presumptively ineligible for Section 925 relief, that presumption may be rebutted in particular cases, provided there exists compelling evidence to support the granting Section 925 relief.
The next article in this series will address the process for applying for Section 925 relief.
DISCLAIMER
The information contained in this publication is provided by Lapin Law Group, P.C., for informational purposes only and, shall not constitute legal advice or create an attorney-client relationship. The laws and interpretation of laws discussed herein may not accurately reflect the law in the reader’s jurisdiction. Do not rely on the information contained in this publication for any purpose. If you have a specific legal question, please consult with an attorney in your jurisdiction who is competent to assist you.
Lapin Law Group, with its principal office in the Dallas-Fort Worth Metroplex, serves all 254 Texas counties.
Lapin Law Group, with its principal office in the Dallas-Fort Worth Metroplex, serves all 254 Texas counties.
