Federal Firearm Rights Restoration Presumptive Disqualifiers
At the bottom of this page, we share helpful information about words and phrases used in the FFRR program. Nothing on this page is legal advice.
To help make the Federal Firearm Rights Restoration (FFRR) process run as smoothly and efficiently as possible, the U.S. Department of Justice has identified certain prior convictions and statuses that make a person presumptively disqualified for this relief.
What is a presumptive disqualifier?
Anyone who is federally prohibited from handling firearms under 18 U.S.C. 922(g) can apply for FFRR relief. However, applicants with certain prior convictions or in certain statuses will be denied, unless they can show the extraordinary circumstances of their case overcome that presumption.
Types of presumptive disqualifiers
There are five types of presumptive disqualifiers: Current status, Permanent, 10 years, 5 years, and Reapplication. You must disclose all your presumptive disqualifiers in your application. You must disclose past convictions even if they were expunged, pardoned, set aside, or similarly amended by a post-conviction event.
Current status
Your application will be denied, absent extraordinary circumstances, if you are:
- awaiting sentencing for any crime;
- incarcerated or serving any part of a sentence;
- in a program that diverts conviction or is in place of conviction;
- a fugitive from justice;
- an unlawful user or addict of controlled substances, as defined in 27 CFR 478.11, except for people whose only unlawful use or addiction is marijuana;
- an alien in the United States illegally or under a nonimmigrant visa;
- under a court-issued restraining order for harassment, stalking, or threatening of an intimate partner or intimate partner’s child;
- required to register as a sex offender for an offense that prohibits you from owning a firearm; or
- subject to a mental health-related disability set forth in 18 U.S.C. 922(g)(4), the state, territory, department, or agency that imposed the disability maintains a relief-from-disability program, and
- you are eligible to apply to the program, and you have not applied or your application is pending; or
- you were eligible to apply to the program, and your application was denied.
Permanent
Your application will be denied, absent extraordinary circumstances, if you have ever been convicted of committing, attempting, soliciting, or conspiring to commit, or aiding or abetting the commission of, a felony that involves the following conduct:
- the death of another person;
- rape, sexual abuse, or sexual assault;
- human trafficking;
- kidnapping;
- intimate partner or domestic violence;
- burglary;
- robbery;
- extortion;
- carjacking;
- arson;
- racketeering (if at least one of the predicate racketeering acts is violent);
- gang-related offenses;
- maiming, assault, or battery;
- stalking;
- escape or rescue of a person in custody;
- terrorism;
- witness tampering;
- brandishing or discharging a firearm or using an explosive; or
- acts that are the same as or similar to the conduct identified above.
10 years
Your application will be denied, absent extraordinary circumstances, if, within the last 10 years:
- you were convicted of or served any part of a sentence for
- a felony that involves the following conduct
- drug trafficking, including conduct such as manufacturing, selling, distributing, importing, or exporting;
- threats of violence;
- manufacturing, possessing, transferring, or using explosives;
- certain firearm- or ammunition-related conduct;
- possessing or discharging a firearm or other weapon on school property; or
- animal abuse.
- a misdemeanor crime of domestic violence.
- a felony that involves the following conduct
- at any time within the 10 years following a conviction for or service of any part of a sentence for a misdemeanor crime of domestic violence
- you incurred any other disability set forth in 18 U.S.C. 922(g); or
- you were arrested for
- a felony;
- a misdemeanor crime of domestic violence; or
- any other offense that involves the commission or attempt of:
- acts or threats of violence;
- brandishing or discharging a firearm; or
- using an explosive.
5 years
Your application will be denied, absent extraordinary circumstances, if, within the past 5 years, you were convicted of or served any part of a sentence for any other:
- felony not included above; or
- misdemeanor assault, battery, stalking, or threatened act of violence.
Reapplication
Your application will be denied, absent extraordinary circumstances, if:
- any of your prior applications were denied based on a permanent presumptive disqualifier; or
- within the last 5 years, any of your prior applications were denied based on
- a reason other than a presumptive disqualifier; or
- a presumptive disqualifier that was applicable to you because of
- a 5-year reapplication presumptive disqualifier; or
- your status of having been denied by a relief-from-disability program.
Definitions
“Arrest” shall include a criminal arrest, “apprehension” as the term is used under the Uniform Code of Military Justice, and “pretrial restraint” as the term is used under the Rules for Courts-Martial. The term also includes a citation in lieu of arrest for a criminal violation (other than one involving parking, traffic, or motor vehicle violations punishable only by a fine).
“Brandish” means to display all or part of a firearm, or otherwise make the presence of a firearm known to another person, in a threatening or intimidating manner, regardless of whether the firearm is directly visible to that person. The term does not include the carrying of a firearm for lawful purposes, including self-defense, whether the firearm is concealed or unconcealed.
“Controlled substance” has the meaning given the term in 27 CFR 478.11, except that it does not include marijuana.
“Convicted” or “conviction” shall include a criminal conviction, a plea of guilty, a finding of guilt without judgment by a court, and the judgment of special or general court-martial issued under 10 U.S.C. 860c of the Uniform Code of Military Justice. The term also includes a judgment entered upon a plea of nolo contendere.
“Felony” means “a crime punishable by imprisonment for a term exceeding one year” as that phrase is defined in 18 U.S.C. 921(a)(20).
“Misdemeanor crime of domestic violence” shall have the meaning provided in 27 CFR 478.11. It shall also include a conviction for a crime at a general or special court-martial that would meet the definition of “misdemeanor crime of domestic violence” had the conviction been entered by a state, local, or tribal court.
“Sentence” shall include any criminal penalty imposed by a court or following a general or special court-martial of a custodial sentence (whether continuous or intermittent) such as detention, incarceration, or home confinement; a non-custodial sentence (whether supervised or unsupervised) such as probation, parole, or release; or a period during the pendency of other unsatisfied penalties such as monetary obligations, education, treatment, or programming requirements, community service or extra duties, or restriction on movement or electronic monitoring.
“State or Federal law” shall include Federal laws (including the Uniform Code of Military Justice); State laws; the laws of the District of Columbia; the laws of United States territories; the laws of any subdivision of the States or territories; and laws of Federally Recognized Tribes, where “Federally Recognized Tribe” means any tribe listed at 86 FR 7554 or any future notice listing Federally Recognized Tribes.
“Unlawful user of or addicted to any controlled substance” has the meaning given this term in 27 CFR 478.11, except that it excludes those whose only unlawful use of or addiction to a controlled substance consists of the use of or addiction to marijuana.
Conduct prohibited under 18 U.S.C. 922(g), (i), (j), (k), (l), (n), (o), or (u), or 18 U.S.C. 932 and 933, except that an individual convicted of violating 18 U.S.C. 922(g)(1) based on an underlying conviction that itself would not be subject to a presumptive denial under paragraphs (a) or (b) of this part shall not be subject to such presumptive denial.
As defined by 18 U.S.C. 1201.
Currently required to register under the Sex Offender Registration and Notification Act (SORNA), 34 U.S.C. 20911-20932, or comparable sex-offender registration statute, based on an offense that disqualified that person from possessing a firearm under the Gun Control Act.
As defined by 18 U.S.C. Chapter 109A.