Relief from Federal Prohibited Person Status
The Gun Control Act of 1968, as amended, prohibits persons who have been convicted, under federal or state law, of any felony, or of a misdemeanor crime of domestic violence, from possessing firearms or ammunition. Violation of this law is a felony, punishable by confinement in federal prison for a period of up to 10 years, not including sentencing enhancements. 18 U.S.C. § 922(g).
Federal law, however, has long contained a path for persons to seek relief from the firearms disabilities imposed by Section 922(g). See, 18 U.S.C. § 925(c). Initially, the Department of Justice (DOJ) delegated the processing of Section 925(c) applications for relief to the Bureau of Alcohol, Tobacco, and Firearms (ATF). However, during 1992, due to Democrat political maneuvering in Congress, funding for ATF to process Section 925(c) applications was terminated, thereby effectively precluding any relief under Section 925(c). Thus, in contravention of Congressional intent, Section 922 firearms prohibitions became defacto lifetime federal bans on the possession of firearms.
On February 12, 2025, President Donald J. Trump signed Executive Order 14206, Protecting Second Amendment Rights, which, among other things, directed that:
Federal law, however, has long contained a path for persons to seek relief from the firearms disabilities imposed by Section 922(g). See, 18 U.S.C. § 925(c). Initially, the Department of Justice (DOJ) delegated the processing of Section 925(c) applications for relief to the Bureau of Alcohol, Tobacco, and Firearms (ATF). However, during 1992, due to Democrat political maneuvering in Congress, funding for ATF to process Section 925(c) applications was terminated, thereby effectively precluding any relief under Section 925(c). Thus, in contravention of Congressional intent, Section 922 firearms prohibitions became defacto lifetime federal bans on the possession of firearms.
On February 12, 2025, President Donald J. Trump signed Executive Order 14206, Protecting Second Amendment Rights, which, among other things, directed that:
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the Attorney General shall examine all orders, regulations, guidance, plans, international agreements, and other actions of executive departments and agencies (agencies) to assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, . . . , to protect the Second Amendment rights of all Americans.
E.O. 14206. |
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Executive Order 14206 (E.O. 14206) was published in the Federal Register on February 12, 2025.
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As a result of E.O. 14206, authority to receive and process Section 925(c) applications was transferred from the ATF to the DOJ, thereby circumventing Democrat efforts to make Section 925(c) relief a “dead letter” through a withdrawal of funding.
On July 22, 2025, a proposed Administrative Rule to reimplement review of Section 925(c) applications, this time under the DOJ, rather than the ATF, was published in the Federal Register. The public comment period for this proposed rule will be open until October 20, 2025.
On July 22, 2025, a proposed Administrative Rule to reimplement review of Section 925(c) applications, this time under the DOJ, rather than the ATF, was published in the Federal Register. The public comment period for this proposed rule will be open until October 20, 2025.
During the remainder of the public comment period, a period which precedes publication of the final Administrative Rule, Lapin Law Group intends to publish a series of articles, based on the proposed Administrative Rule, which will address the requirements and limitations of Section 925(c) relief from Federal firearms disabilities.
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Lapin Law Group is currently scheduling online consultations with persons throughout the United States who would like to speak with an attorney prior to the effective date of the proposed Administrative Rule which is anticipated to formalize and implement a process for seeking Section 925 relief from federal firearms disabilities.
Lapin Law Group is headquartered in Texas. However, because Section 925 relief exists under Federal law, not state law, Lapin Law Group can assist clients who are not physically present in Texas and/or clients whose disqualifying offense did not occur in Texas.
Lapin Law Group is headquartered in Texas. However, because Section 925 relief exists under Federal law, not state law, Lapin Law Group can assist clients who are not physically present in Texas and/or clients whose disqualifying offense did not occur in Texas.
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