A misdemeanor domestic violence conviction affects your firearm rights long after your conviction. For many people, the federal prohibition has continued for decades without an accessible federal application process to seek restoration. The DOJ has now announced a new opportunity to request that relief!
Clean Slate Virginia represents clients nationwide seeking federal firearm rights restoration through the Department of Justice. Whether your conviction occurred in Virginia or another state, our seasoned gun rights restoration attorney can help you understand your eligibility, gather supporting records, and prepare your DOJ application.
The public application portal is scheduled to open November 4, 2026, for the first 5,000 applicants. People with certain state domestic violence convictions—and some people whose records include protective-order violations—may be able to seek federal firearm rights restoration under 18 U.S.C. § 925(c). Approval is discretionary and depends on the individual’s full record.
Schedule a free consultation with a Virginia domestic violence firearm rights restoration lawyer to discuss whether this federal process is a potential option for you. You do not need to live in Virginia or have a Virginia conviction to seek our assistance.
Can a Lawyer Help Restore Gun Rights After a Domestic Violence Conviction?
Federal law prohibits firearm possession by people convicted of a qualifying misdemeanor crime of domestic violence under 18 U.S.C. § 922(g)(9). A conviction in any state court can trigger that federal restriction even though the case was a misdemeanor.
Starting in 1992, Congress barred the ATF from spending appropriated funds to process individual restoration applications. The ordinary federal administrative route was therefore effectively unavailable. The misdemeanor domestic violence prohibition followed in 1996.
It would be too broad to say that restoration was legally impossible in every case: a qualifying pardon, expungement, or other statutory exception could sometimes remove the disability. But many people had no practical route to relief. DOJ’s new process gives them an opportunity to request an individualized decision. To learn whether your gun rights may be restored after a domestic violence conviction, reach out to our lawyer in Virginia.
When Does the DOJ Portal Open?
DOJ has announced this schedule:
- September 25, 2026: Applications open to invited candidates.
- November 4, 2026: Applications open to the public for the first 5,000 candidates.
- January 4, 2027: Applications open for 500 additional candidates, and the application fee begins.
The 5,000 figure is an initial application limit, not a promise that 5,000 people will receive restoration. DOJ lists a $30 application fee, with its rollout schedule stating that collection begins in January. Fingerprints and records may involve additional costs. Our Virginia domestic violence gun rights restoration attorney can help you navigate the portal and necessary documentation with confidence.
How Long Must You Wait to Apply For Domestic Violence Firearm Rights Restoration?
For a misdemeanor crime of domestic violence, DOJ applies a ten-year presumptive disqualification. Under 28 C.F.R. § 107.50(b)(2), an applicant ordinarily will be denied if, within the preceding ten years, the applicant was convicted or served any part of the sentence for that offense. Sentence completion includes more than leaving jail; probation and other sentence requirements must be reviewed.
An application during that period requires extraordinary circumstances. Reaching ten years removes this particular presumption; it does not guarantee approval. To learn whether you may be eligible for gun rights restoration following domestic violence during this period, contact our Virginia attorney.
The rule also allows the ten-year period to restart if, during the applicable period, the person incurs another federal firearm disability or is arrested for a felony, another misdemeanor domestic violence offense, or certain offenses involving alleged violence, threats, firearm brandishing or discharge, or explosives. A specified exception applies when evidence establishes a judicial determination that no misconduct occurred or a dismissal on the merits.
Therefore, “no additional convictions for ten years” is not a complete description of the rule. Certain arrests and other disqualifying events matter, too.
DOJ also requires five-year conduct attestations addressing criminal conduct, with limited exceptions for minor offenses, and threats or attempted violence. That requirement does not replace the domestic violence ten-year rule.
Felony domestic violence convictions face a different standard: they fall within a presumptive denial category that does not expire with time, absent extraordinary circumstances.
Can A Gun Rights Restoration Lawyer Help With A Protective-Order Conviction?
These cases require a separate legal review. Being subject to a qualifying protective order, violating an order, and having a domestic violence conviction are different grounds for analysis.
As our Virginia attorney can further detail, an active qualifying protective order can prohibit firearm possession under 18 U.S.C. § 922(g)(8), even without a conviction. A misdemeanor protective-order violation, however, does not automatically create a lifetime federal prohibition simply because of its title. The offense’s elements, the relationship involved, and any other convictions determine whether a conviction-based federal restriction applies. A felony violation can present an additional basis for prohibition.
Some people with protective-order convictions may therefore benefit from the new DOJ process; others may not need federal restoration once an order expires, assuming no other prohibition remains. DOJ treats certain current restraining orders as grounds for presumptive denial absent extraordinary circumstances.
An expired order or an old violation can still matter to DOJ’s public-safety review. The application should address the complete history candidly.
What Can The Former Atf Criteria Tell Us?
The former ATF regulation, 27 C.F.R. § 478.144, focused on the circumstances causing the prohibition, the applicant’s record and reputation, public safety, and the public interest. It required three unrelated references who had known the applicant for at least three years, supporting records, and permission to investigate the applicant’s background.
The old regulation ordinarily required at least two years after discharge from probation or parole. That historical benchmark is not the current DOJ waiting period for domestic violence cases.
These earlier criteria help explain why evidence of rehabilitation matters. Based on that framework and DOJ’s current requirements, useful supporting evidence may include completed counseling or domestic violence intervention programs, compliance with court orders, stable employment, community involvement, and specific examples of responsible conduct. These are preparation suggestions, not a guarantee or an official scoring system.
DOJ currently requires three qualifying character references, unrelated by blood or marriage, who have known the applicant for at least three years and are not federally prohibited from possessing firearms. They must make sworn statements addressing character, conduct, and safety. A strong reference should explain what the writer actually knows about the applicant’s life and behavior.
Does Federal Restoration Also Remove a State Prohibition?
Federal relief does not automatically eliminate an independent state-law restriction. Each state has its own laws governing firearm possession, and a conviction or protective order may create restrictions under both state and federal law.
For example, Virginia Code § 18.2-308.1:8 imposes a three-year prohibition for specified misdemeanor assault-and-battery convictions. The expiration of that state restriction does not itself end a continuing federal domestic violence prohibition. Applicants from any state should have both their federal and applicable state restrictions reviewed before possessing a firearm.
What Records Will Your DOJ Firearm Rights Restoration Lawyer Need?
For misdemeanor domestic violence cases, DOJ requests charging documents, investigative reports, the conviction order, evidence of the relationship involved, and official documentation of sentence completion. Relevant plea and sentencing materials may also be required.
Our attorney can help applicants in Virginia begin identifying qualified references and obtaining their records before opening the firearm rights restoration application following domestic violence. The DOJ says an application must be completed within 30 days after initiation.
Why Choose Clean Slate Virginia For Your DOJ Firearm Rights Restoration Application?
Our founding lawyer at Clean Slate Virginia has experience helping clients charged with domestic violence restore their firearm rights in courts throughout Virginia. That work includes reviewing criminal histories, documenting rehabilitation, preparing petitions, and presenting the reasons supporting restoration.
Founded by George Townsend, a former Federal prosecutor, Clean Slate Virginia brings that experience to helping clients across the country pursue federal firearm rights restoration through the DOJ. Federal applications have their own requirements, and our representation focuses on the applicant’s individual record, applicable waiting periods, and evidence supporting relief.
How A Firearm Rights Restoration Attorney Can Help
A successful application requires more than explaining that your conviction is old. Your attorney can help connect your records and supporting evidence to the DOJ’s requirements. Clean Slate Virginia can assist with:
- Identifying the conviction or other event responsible for your federal firearm prohibition.
- Reviewing sentence-completion dates, subsequent arrests, and other events that may affect the waiting period.
- Obtaining and organizing court records and supporting documents.
- Preparing an accurate account of the offense and your conduct since then.
- Identifying qualified references and helping document rehabilitation.
- Preparing the DOJ application and responding to requests for additional information.
Legal representation from a Virginia lawyer does not guarantee approval of firearm rights restoration following domestic violence. However, it can help you present a complete, accurate application that addresses the issues in your case.
Do I Need A Lawyer In The State Where I Was Convicted?
Our Clean Slate Virginia lawyer can assist clients nationwide with the federal DOJ application, including clients whose domestic violence convictions occurred outside Virginia. If you also need relief from a separate state prohibition, that requires an additional review under the applicable state’s law and may require local counsel.
Can I Speak With a Lawyer Before The Portal Opens?
Yes. A consultation before the public opening can help identify eligibility questions and records that may take time to obtain. You can begin preparing without waiting for the portal to open.
Schedule a Free Consultation With a Firearm Rights Restoration Lawyer After You Have Been Charged With Domestic Violence
If you are looking for a lawyer to help restore your gun rights after a domestic violence conviction or protective-order violation, contact Clean Slate Virginia to schedule a free consultation. Tell us where your conviction occurred, approximately when it happened, and whether you completed probation or other sentence requirements. Our Virginia domestic violence firearm rights restoration lawyer can discuss your potential eligibility and the next steps for seeking federal relief through the DOJ.
