Restoration for Federal Offense

In the event an individual pleads guilty to or is convicted of a federal offense, that individual loses their right to possess, purchase, and transport firearms.  Although this right is lost, an individual may seek to restore their rights.  Unlike the state equivalent in Georgia through the State Board of Pardons and Paroles, the federal restoration process is much murkier.

According to the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), “[a]lthough federal law provides a means for the relief of firearms disabilities, ATF’s annual appropriation since October 1992 has prohibited the expending of any funds to investigate or act upon applications for relief from federal firearms disabilities submitted by individuals. As long as this provision is included in current ATF appropriations, ATF cannot act upon applications for relief from federal firearms disabilities submitted by individuals.” ATF Website (citing 18 U.S.C. 925(c); 27 CFR 478.144).

As the ATF lays out, while there is a way to petition the ATF to restore your rights (even though the ATF website does not provide an actual application or explanation of this petition process), there have not been any funds to actually vet and review the applications since 1992.  Based on the ATF’s comments, this process will never be an avenue until such time as funds are appropriated for this specific purpose.

Despite this seemingly dead end, there is one alternative–a presidential pardon.  According to the ATF, “[a] person convicted of a federal offense may apply for a presidential pardon. 28 CFR Part I specifies the rules governing petitions for obtaining presidential pardons.”  ATF Website (citing 18 U.S.C. 921(a)(20) and (a)(33); 27 CFR 478.11 and 478.142).

Although the likelihood of receiving a presidential pardon is minuscule (just look at the current pardon statistics on the Office of the Pardon Attorney’s website HERE), there is still a chance.  

You may obtain an application for a presidential pardon from the Office of the Pardon Attorney’s website HERE.

For more information on the rules and requirements for a presidential pardon, check out the information page from the Office of the Pardon Attorney HERE.

At The Sellers Law Firm, LLC, we have experience in helping clients restore their constitutional right to bear arms.  Give us a call today at 770-415-9848 to discuss restoring your rights at The Sellers Law Firm, LLC: where clients become family.

You may also submit a case evaluation request on our website HERE.