Have you lost your right to possess firearms because of a prior conviction? Under federal law, certain offenses can take away your firearm rights, sometimes indefinitely. However, there may be legal paths that allow those rights to be restored. A Birmingham federal firearm rights restoration lawyer can review the source of the prohibition and explain which options may be available.
Jaffe, Hanle, Whisonant & Knight, P.C. is a criminal defense law firm in Birmingham, Alabama. Our attorneys have 100 years of combined legal experience and have helped clients navigate some of the most challenging legal issues they have faced, and can evaluate the circumstances surrounding your firearm restriction.
Contact our law offices at (205) 930-9800 to learn more about your legal options. We offer a free initial consultation.
How Can Jaffe, Hanle, Whisonant & Knight Help With My Federal Firearm Rights Restoration in Birmingham, AL?
Federal firearm rights restoration can involve federal statutes, administrative procedures, and, in many cases, Alabama state law. The process can be difficult to navigate without legal counsel, particularly because the federal government recently established a new restoration process.
Our Birmingham criminal defense lawyers can help by:
- Evaluating your conviction history and determining which federal prohibitions may apply
- Identifying whether a state-level remedy, such as a pardon, may affect your federal firearm disability
- Reviewing whether you may qualify for relief through the federal restoration process
- Preparing documentation and evidence relevant to an application
- Guiding you through the process and keeping you informed about developments in your case
Call our Birmingham, AL, law office to schedule a free case review. We can answer your questions and discuss which options may be available.
Who Is Prohibited From Possessing Firearms Under Federal Law?
Under 18 U.S.C. § 922(g), several categories of people are prohibited from possessing firearms. These restrictions apply under federal law regardless of what a particular state may otherwise allow.
Some of the more common categories include:
- Individuals convicted of certain crimes punishable by imprisonment for more than one year
- Those convicted of a misdemeanor crime of domestic violence
- Individuals subject to certain qualifying domestic violence restraining orders
- People who have received a dishonorable discharge from the military
- Individuals who have been adjudicated as mentally defective or involuntarily committed
A knowing violation of § 922(g) can result in up to 15 years in federal prison. Other federal laws can lead to additional or more severe penalties in some cases. If you believe you fall within one of these categories, it is important to understand the source of the prohibition before taking steps to possess or acquire a firearm.
What Role Does an Alabama Pardon Play in Federal Restoration?
For some people whose firearm prohibition stems from an Alabama conviction, a pardon from the Alabama Board of Pardons and Paroles may affect both state and federal firearm restrictions. The details of the pardon matter.
Alabama law recognizes pardons that expressly restore firearm possession rights in certain circumstances. Federal law also provides that some convictions that have been pardoned, expunged, set aside, or followed by a restoration of civil rights may no longer count as qualifying convictions for purposes of the federal firearm prohibition, provided an applicable restriction does not remain.
This does not mean every pardon or expungement automatically restores firearm rights. A person may also be subject to another independent federal prohibition. The specific conviction, the terms of any pardon or other relief, and the law of the jurisdiction where the conviction occurred all matter.
How Does the New Federal § 925(c) Restoration Process Work?
For decades, the federal firearm rights restoration process existed in federal law but was effectively unavailable because Congress barred the use of appropriated funds for ATF to investigate or act on applications.
The Department of Justice published new regulations in August 2026, and the rule took effect in September 2026. The new process allows qualifying individuals to seek what federal law calls “relief from disabilities” under 18 U.S.C. § 925(c).
The program is being introduced in stages. As of October 2026, invited applicants can participate in the process, while the first general public application period is scheduled to open on November 4, 2026, for a limited number of applicants. Applications are handled through the Department of Justice’s Office of the Pardon Attorney.
Because the rollout is new and subject to change, anyone considering federal relief should confirm the current application procedures before filing. Our Birmingham federal firearm rights restoration attorneys can help you understand the process and whether this or any other relief may be available to you.
What Factors Will Be Considered in My Application?
Whether you are pursuing a state pardon or federal relief under § 925(c), the reviewing authority may look closely at your criminal history, the underlying conduct, and what has happened since the conviction.
The new federal rule also establishes several presumptions against relief based on particular convictions, conduct, or current circumstances. In some circumstances, an applicant may attempt to show extraordinary circumstances sufficient to overcome the applicable presumption.
Our Birmingham criminal defense attorneys can evaluate your unique situation to identify potential avenues to overcome these presumptions, helping you build a compelling case that underscores your rehabilitation and commitment to public safety.
Discuss Your Case With a Birmingham Federal Firearm Rights Restoration Attorney
A federal firearm prohibition may not be permanent in every case. The available path depends on the conviction involved, whether state relief is available, whether another federal prohibition applies, and whether you qualify for the new federal restoration process.
At Jaffe, Hanle, Whisonant & Knight, P.C., our attorneys have 100 years of combined legal experience representing clients facing serious criminal law issues in Alabama. Contact our office today to schedule a free consultation with a Birmingham federal firearm rights restoration attorney and discuss the options that may be available to you.