As used in this part:

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” in the previous sentence 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 91 FR 4102 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.

(a) Any person who is prohibited from possessing, shipping, transporting, or receiving firearms or ammunition may make application to the Attorney General for relief from the disabilities imposed under section 922 of the Gun Control Act. See 18 U.S.C. 925(c).

(b) In determining whether the applicant's prior offense is presumptively disqualifying under § 107.50, the Attorney General may consider all the facts underlying the prior offense to determine whether that offense involved the same or similar conduct targeted by the specific offenses listed in § 107.50. The Attorney General is not confined to a “categorical approach” that looks only at the elements of the underlying offense or that requires an exact correspondence with a “generic” offense.

(c) An application for relief under paragraph (a) of this section shall be submitted using the form and procedures established by the Attorney General and shall include the information required by this part and any additional data the Attorney General deems appropriate.

(d) Any record or document of a court or other government entity or official required by this part to be furnished by an applicant in support of an application for relief shall be certified as a true copy by the court or other government entity or official or shall be the true copy as provided by the court or other government entity or official to the applicant. Applicants may submit electronic copies of such records or documents but must follow any instructions or guidance issued by the Department regarding the procedures for doing so.

(e) Any record or document required by this part to be furnished by an applicant in support of an application for relief containing a foreign language shall be accompanied by a full English-language translation. The translator must certify that the translation is complete and accurate and that the translator is competent to translate from the foreign language into English.

(f) If any supporting documents required under paragraph (g)(4), (5), (6), (7), (8), (11), or (12) of this section are unavailable to an applicant due to failure of an official entity to maintain records due to passage of time, destruction such as through natural disaster or fire, or any reason not attributable to an applicant's fault or negligence, the applicant shall submit a sworn statement that:

(1) Includes the underlying facts, charges or proceedings, and ultimate disposition; and

(2) Describes the efforts of the applicant to obtain the documents and the reason they are unavailable to the applicant.

(g) An application shall include:

(1) A statement of all applicable prohibitions on the applicant's possession, transfer, shipment, or receipt of a firearm under 18 U.S.C. 922(g);

(2) Written consent from the applicant authorizing the Department to obtain and examine, and custodians to disclose, copies of records, statements, and information regarding the applicant's background (including employment, medical history, military service, and criminal record);

(3) In the case of an applicant who is an individual and not an entity, an electronic fingerprint scan or two properly completed FBI Forms FD-1222 (Fingerprint Card);

(4) In the case of an applicant having been convicted of a felony, a copy of the indictment, information, or other charging instrument on which the applicant was convicted; any plea agreement; any factual basis for a plea; any presentence report or other document prepared to aid in sentencing or response thereto; the judgment of conviction or record of any plea of nolo contendere or plea of guilty or finding of guilt by the court; and a certificate from the relevant authority (such as a department of corrections, probation office, or parole board) stating the date of completion of the applicant's sentence, including any term of supervision;

(5) In the case of an applicant who has been adjudicated a mental defective or committed to a mental institution, a copy of the order of a court, board, commission, or other lawful authority that made the adjudication or ordered the commitment; any petition that sought to have the applicant so adjudicated or committed; medical records sufficient to characterize the diagnoses underlying, and reasons for, adjudication or commitment of the applicant; any court order or finding of a court, board, commission, or other lawful authority showing the applicant's discharge from commitment, restoration of mental competency, or the restoration of rights; and a current certification from a licensed mental health professional that the applicant either no longer suffers from the disease or condition that caused the disability or that the disease or condition has been successfully treated or is stably managed such that the person is unlikely to be a danger to himself/herself or others;

(6) In the case of an applicant who, as a member of the Armed Forces, was convicted by general court-martial for a felony or who was discharged from the Armed Forces under dishonorable conditions (including a sentence of dismissal of a commissioned officer, cadet, or midshipman), a copy of the applicant's Certificate of Uniformed Service (DD Form 214 and, if applicable, DD Form 214-1 and/or DD Form 215), and, if applicable, the Charge Sheet (DD Form 458), Judgment of the Court, and Certificate of Completion of Appellate Review;

(7) In the case of an applicant who, having been a citizen of the United States, has renounced his or her citizenship, a copy of the formal renunciation of nationality before a diplomatic or consular officer of the United States in a foreign state or before an officer designated by the Attorney General when the United States was in a state of war. See 8 U.S.C. 1481(a)(5) and (6). The person shall also submit a supplemental statement explaining, under penalty of perjury, why the person renounced his or her citizenship;

(8) In the case of an applicant who has been convicted of a misdemeanor crime of domestic violence, a copy of the charging instrument on which the applicant was convicted; a copy of the underlying investigative reports; a statement of the relationship of the victim to the applicant; the judgment of conviction or record of any plea of nolo contendere or plea of guilty or finding of guilt by the court; a certificate from the relevant authority (such as a department of corrections, probation office, or parole board) stating the date of completion of the applicant's sentence; any record purporting to show that the conviction was rendered nugatory or that civil rights were restored (even if such procedure was insufficient under Federal law to restore Federal firearms rights); and any police reports from the time of original arrest or apprehension to the present involving domestic violence in which the applicant is involved;

(9) A copy of any application, and any decision on that application, made to a State or other political subdivision to expunge or set aside a prior conviction, to restore the right to possess or otherwise handle a firearm, or to restore any other civil rights that the applicant has forfeited;

(10) In the case of an applicant who is an individual and not an entity, a copy of the individual's criminal record check (i.e., a list of the individual's arrests and convictions within a given jurisdiction, or a statement that the individual has no arrests or convictions) for:

(i) Each State (or locality, if a State-wide report is unavailable) in which the applicant has resided since turning 18 or for the last 25 years, whichever is shorter; and

(ii) Each State (or locality, if a State-wide report is unavailable) in which the individual has been arrested since turning 18 or for the last 25 years, whichever is shorter;

(11) A copy of the applicant's Certificate of Uniformed Service (DD Form 214 and, if applicable, DD Form 214-1, and/or DD Form 215), for any active or reserve duty the applicant has served since turning 18 or for the last 25 years, whichever is shorter;

(12) A copy of any foreign criminal, medical, or military record concerning any conduct, adjudication, or other matter that occurred outside the jurisdiction of the United States but that would have been required to be submitted under paragraph (f)(4), (5), (6), (8), or (9) of this section had the conduct, adjudication, or other matter occurred inside the jurisdiction of the United States and had it involved a Federal, State, local, or Tribal authority instead of any foreign authority;

(13) In the case of an applicant who is an individual and not an entity, an affidavit from three references, attesting under penalty of perjury that:

(i) The affiant is not related to the applicant by blood or marriage and has known the applicant for at least three years;

(ii) The affiant is not currently prohibited from possessing a firearm under 18 U.S.C. 922(g);

(iii) To the affiant's knowledge, the applicant:

(A) Has not committed any crime (other than traffic or parking infractions, or petty offenses not involving force or violence to persons or property) in the five years immediately preceding the date of the attestation;

(B) Is not an unlawful user of or addicted to any controlled substance as defined in § 107.1, regardless of whether the controlled substance has been legalized or decriminalized for medicinal or recreational purposes in the State where the applicant resides;

(C) Does not regularly abuse alcohol or other intoxicants, including prescription drugs;

(D) Is not currently suffering from a mental health condition that would impair the applicant's judgment or behavior;

(E) Is a person of good character and has a good reputation in the community, demonstrating characteristics such as honesty, dependability, and community contribution;

(F) Has not threatened to use unlawful violence, or attempted to do so, toward any person or threatened or attempted suicide, regardless of whether the authorities were notified, within the past five years; and

(G) Would not pose a danger to public safety or to himself/herself, family members, or intimate partners if permitted to possess a firearm; and

(14) In the case of an applicant who is an individual and not an entity, an affirmation from the applicant under penalty of perjury that the applicant:

(i) Has not committed a crime (other than traffic or parking infractions, or petty offenses not involving force or violence to persons or property) within the past five years;

(ii) Is not an unlawful user of or addicted to any controlled substance, as defined in § 107.1, regardless of whether the controlled substance has been legalized or decriminalized for medicinal or recreational purposes in the State where the applicant resides;

(iii) Does not regularly abuse alcohol or other intoxicants, including prescription drugs;

(iv) Is not currently suffering from a mental health condition that would impair the applicant's judgment or behavior;

(v) Is a person of good character and has a good reputation in the community;

(vi) Has not threatened to use unlawful violence, or attempted to do so toward any person or threatened or attempted suicide regardless of whether the authorities were notified, within the past five years;

(vii) Would not pose a danger to public safety or to himself/herself, family members, or intimate partners if permitted to possess a firearm;

(viii) Has not been a member of, or associated with, a group of three or more persons who acted together in the United States or elsewhere with the aim of committing any crime within the last 10 years; and

(ix) Has provided, to the extent possible, all information relevant to the applicant's eligibility under this paragraph (g) and that all information provided in the application is true and correct.

(a) The Attorney General may grant relief to an applicant if the applicant has established to the satisfaction of the Attorney General that the circumstances regarding the disability (or disabilities), and the applicant's record and reputation, are such that the applicant will not be likely to act in a manner dangerous to public safety, and that the granting of the relief would not be contrary to the public interest. In making this determination, the Attorney General may consider all information submitted as part of the application and all other relevant information, including the following:

(1) All of the applicant's criminal history, including arrests, regardless of whether they resulted in criminal charges; criminal charges, regardless of whether they resulted in a conviction; alternative dispositions of criminal charges resulting in dismissals, such as deferred prosecutions or probation before judgment; and convictions for any offense;

(2) The seriousness of the conduct involved in all the applicant's prior convictions for or other dispositions of any offense, including victim impact statements;

(3) The conduct underlying any charges against the applicant that were dismissed in exchange for a guilty plea;

(4) The applicant's conduct while serving any criminal sentence, including compliance with conditions of supervision and satisfaction of any financial penalties;

(5) The time elapsed since the applicant's completion of any criminal sentence and the applicant's conduct during that time;

(6) The applicant's past or present use or abuse of controlled substances;

(7) Any restraining or protection orders, regardless of whether that behavior related to an arrest;

(8) Any threats or threatening behavior, regardless of whether that behavior resulted in criminal charges;

(9) The applicant's mental health, including any abnormal behaviors or mental health treatment;

(10) Any information provided by the chief law enforcement officers of the locality in which the applicant resides either supporting or opposing the application; and

(11) Whether the applicant's individual circumstances demonstrate that a failure to grant relief would infringe the applicant's rights under the Second Amendment.

(b) Where an application fails to identify a disability for which relief may be granted, is improperly executed, or is otherwise incomplete, the applicant will be notified of the defect and given an opportunity to amend and resubmit the application within 30 days. Failure to amend and resubmit the application, with supporting documents or records, within 30 days will result in the application being considered abandoned. An abandoned application will not be considered for purposes of determining whether the person's application should be presumptively denied based on § 107.70.

(c) Whenever relief is granted to any person pursuant to this part, a notice of such action shall be promptly published in the Federal Register, together with the reasons therefor.

(a) A person who has been granted relief under this part shall be relieved of the Federal disability or disabilities imposed by the Gun Control Act for which relief is sought with respect to the acquisition, receipt, transfer, shipment, transportation, or possession of firearms or ammunition. Such relief shall not extend to disabilities imposed by State law if the applicant is independently subject to any such State-law prohibition. A person who becomes subject to a subsequent disability after the granting of relief shall not be relieved of such disability and must reapply for relief.

(b)(1) A Federal firearms licensee (including any responsible person of the licensee as defined in 27 CFR 478.11) who incurs a disability under the Gun Control Act, see 18 U.S.C. 922(g), (n), 923(d)(1)(B); 27 CFR 478.32(a), 478.47(b)(2), during the term of a current license or while the licensee has pending a license renewal application with the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), and who, within 30 days following the date of incurring the disability for which relief may be granted, files an application for removal of such disabilities, shall not be barred from licensed operations for the 30-day period following the date on which the applicant was first subject to such disabilities (or 30 days after the date upon which the conviction for a felony becomes final). If the licensee files the application for relief as provided by this part within such 30-day period, the licensee may further continue licensed operations during the pendency of the application. A licensee who does not file such application within such 30-day period shall not continue licensed operations beyond 30 days following the date on which the licensee was first subject to such disabilities (or 30 days from the date the conviction for a felony becomes final).

(2) In the event the term of a person's license expires during the 30-day period specified in paragraph (b)(1) of this section, or during the pendency of the application for relief, a timely application for renewal of the license must be filed to continue licensed operations. Such license application shall show that the applicant (or responsible person of the applicant) is subject to a Federal firearms disability (or disabilities), shall describe the event(s) giving rise to any disability, and shall state when any disability was incurred.

(3) A licensee shall not continue licensed operations beyond the 30-day period following the date on which the notification is issued that the licensee's application for removal of disabilities has been denied.

(4) When, as provided in this paragraph (b), a licensee may no longer continue licensed operations, any application for renewal of license filed by the licensee during the pendency of the application for removal of disabilities shall be denied by the ATF Director of Industry Operations for the applicable ATF Field Division.

(a) The Attorney General shall charge a fee for processing applications requesting relief from the disabilities imposed under section 922(g) of the Gun Control Act.

(b) The Attorney General shall review the amount of the fee periodically, but not less than every two years, to determine the amount of the fee.

(c) Fee amounts and any revisions thereto shall be consistent with widely accepted accounting principles and practices and calculated in accordance with the provisions of 31 U.S.C. 9701 and other Federal law as applicable.

(d) Revisions to fee amounts shall be proposed by notice of proposed rulemaking in the Federal Register and finalized after the receipt of comments under 5 U.S.C. 553.

(e) Applicants may request a waiver or modification of the application fee. Each applicant shall set forth the reasons why a waiver or modification should be granted. The application fee may be waived or reduced because of indigency.

(a) The Attorney General has determined that prior conviction for certain offenses renders an applicant presumptively unable to establish to the Attorney General's satisfaction that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. Applications will therefore be denied, absent extraordinary circumstances, if the applicant:

(1) Has been convicted under State or Federal law of any felony that involves the following conduct, excluding jurisdictional requirements:

(i) The death of another person; rape, sexual abuse, or sexual assault (as defined by 18 U.S.C. Chapter 109A); human trafficking; or kidnapping (as defined by 18 U.S.C. 1201);

(ii) Intimate partner or domestic violence; burglary; robbery; extortion; carjacking; arson; racketeering (if at least one of the predicate racketeering acts is violent); or gang-related offenses;

(iii) Maiming, assault, or battery;

(iv) Stalking;

(v) Escape or rescue of a person in custody;

(vi) Terrorism; or

(vii) Witness tampering.

(2) Has been convicted under State or Federal law of any other felony offense where the applicant brandished or discharged a firearm or used an explosive in the course of committing that offense.

(3) Has been convicted under State or Federal law of attempting, soliciting, or conspiring to commit, or aiding or abetting the commission of, any of the offenses listed in paragraphs (a)(1) and (2) of this section.

(b) The Attorney General has determined that the recency of prior conviction for certain offenses renders an applicant presumptively unable to establish to the Attorney General's satisfaction that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. For purposes of this section, the Attorney General may treat any subsequent criminal conduct for which a person is participating (or has participated) in any program in lieu of criminal conviction (such as a pretrial diversion or substance abuse treatment program) as if the person had been convicted. Applications will therefore be denied, absent extraordinary circumstances, if the applicant:

(1) Has, within the last 10 years, been convicted of, or served any part of a sentence under State or Federal law for, any felony that involves the following conduct, excluding jurisdictional requirements:

(i) The manufacture, import, export, distribution, or dispensing of a controlled substance or the possession of a controlled substance with intent to manufacture, import, export, distribute, or dispense; or the attempt, solicitation, or participation in a conspiracy to commit, or the aiding or abetting the commission of, an offense listed in this paragraph (b);

(ii) Threats of violence;

(iii) The manufacture, possession, transfer, or use of explosives;

(iv) 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 paragraph (a) or (b) of this section shall not be subject to such presumptive denial;

(v) Possession of a firearm or other weapon on school property or discharging a firearm or weapon on school property;

(vi) Animal abuse.

(2)(i) Has, within the last 10 years, been convicted of, or served any part of a sentence under State or Federal law for, a misdemeanor crime of domestic violence; or

(ii) At any time within the 10 years following a conviction or having served any part of a sentence under State or Federal law for a misdemeanor crime of domestic violence:

(A) Incurred any other disability set forth in 18 U.S.C. 922(g); or

(B) Was arrested for a felony, a misdemeanor crime of domestic violence, or any other offense where the applicant was alleged to have committed or threatened to commit acts of violence, brandished or discharged a firearm or used an explosive in the course of committing or attempting to commit that offense, except that presumptive denial under this paragraph (b)(2)(ii)(B) shall not apply if the applicant submits evidence of a judicial determination that no misconduct occurred or of a dismissal on the merits of any resulting charges against the applicant.

(iii) If such conduct as described in paragraph (b)(2)(ii)(A) or (B) of this section occurs, the 10-year period begins anew.

(3) Has, within the last 5 years, been convicted of, or served any part of a sentence under State or Federal law for, any other felony.

(4) Has, within the last 5 years, been convicted of, or served any part of a sentence under State or Federal law for, any assault, battery, or stalking offense, or any threatened act of violence.

(c) The Attorney General has determined that ongoing unlawful conduct, certain statuses demonstrating ongoing or recent disregard for the law, certain statuses indicating a high risk of future violence, and certain statuses related to the criminal justice system render an applicant presumptively unable to establish to the Attorney General's satisfaction that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. Applications will therefore be denied, absent extraordinary circumstances, if the applicant is currently:

(1) Awaiting imposition of a sentence for any crime;

(2) Serving any part of a sentence;

(3) Participating in any program in lieu of criminal conviction (such as through a pretrial diversion or substance abuse treatment program);

(4) Subject to any of the disabilities set forth in 18 U.S.C. 922(g)(2), (g)(5), or (g)(8);

(5) An unlawful user of, or addicted to, a controlled substance, as defined § 107.1; or

(6) Required to register under the Sex Offender Registration and Notification Act (SORNA), 34 U.S.C. 20911-20932,or,based.

(d) The Attorney General may treat any status under foreign law that is similar to the statuses outlined in paragraphs (c)(1) through (5) of this section as if the status had arisen in the United States, if consistent with United States public policy.

(a) Applicants currently subject to the disability in 18 U.S.C. 922(g)(4) are eligible to apply for relief under this part.

(b) The Attorney General has determined that the following circumstances render an applicant subject to the disability in 18 U.S.C. 922(g)(4) presumptively unable to establish to the Attorney General's satisfaction that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest based on a lack of information necessary for the Attorney General to make those determinations or to reject the contrary findings of another competent authority. Applications will therefore be denied, absent extraordinary circumstances, if the applicant is currently subject to the disability set forth in 18 U.S.C. 922(g)(4) imposed by:

(1) A State or territory that has adopted a relief-from-disability program implemented in accordance with 34 U.S.C. 40915,where;

(2) A State or territory that maintains a relief-from-disability program not implemented in accordance with 34 U.S.C. 40915,where; or

(3) A Federal department or agency that has adopted a relief-from-disability program or other administrative process where the applicant is eligible to apply under the program and has not sought relief or has been denied relief.

The Attorney General has determined that denial of a prior application for relief under this part renders an applicant presumptively unable to establish to the Attorney General's satisfaction that the applicant will not be likely to act in a manner dangerous to public safety and that the granting of relief would not be contrary to the public interest. Applications will therefore be denied, absent extraordinary circumstances, if the applicant has, at any time, had an application for relief under this part denied based on a disqualification under § 107.50(a) or has, within the previous 5 years, had an application for relief under this part denied for any reason other than the circumstances described in § 107.50(b) and (c) or that portion of § 107.60(b) related to failure to apply under the relevant program.

Any relief granted to an applicant pursuant to this part shall be void ab initio if the applicant willfully subscribed as true any material matter that the applicant did not believe to be true or willfully omitted any material requested information.