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.
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E.O. 14206.
Executive Order 14206 (E.O. 14206) was published in the Federal Register on February 12, 2025.
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.
Executive Order 14206 (E.O. 14206) was published in the Federal Register on February 12, 2025.
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.
This is the first, in a series of articles, which will discuss Section 925 relief from Federal Firearms Law disabilities.
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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 serve as the basis for the creation of 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.
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Principal office located in the Dallas-Fort Worth Metroplex, Texas.
