Federal Firearms Relief Under 18 U.S.C. § 925(c): Is It...

The Promise of Federal Firearms Relief — and Its Practical Impossibility

On paper, federal law provides a mechanism for individuals to apply directly to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for relief from federal firearms disabilities. Under 18 U.S.C. § 925(c), the Attorney General (through the ATF) may grant relief to any person prohibited from possessing firearms under federal law if the applicant demonstrates that they are not likely to act in a manner dangerous to public safety and that the granting of relief is not contrary to the public interest.

In theory, this provision should be the primary pathway for firearms rights restoration at the federal level. In practice, it has been completely unavailable for more than three decades. At Clark + Harris in Lexington and Louisville, we explain this frustrating reality to clients regularly — and help them find alternative pathways to restoration.

The Congressional Defunding

Since 1992, Congress has included a rider in the ATF’s annual appropriations bill prohibiting the agency from spending any funds to process applications for firearms relief under § 925(c). This means that while the statute remains on the books, the ATF cannot accept, review, or act on any applications. If you submit an application, it will be returned unprocessed.

The defunding was originally a temporary measure prompted by congressional concerns about the ATF granting relief to dangerous individuals. But the rider has been renewed every year for more than thirty years, effectively converting a temporary restriction into a permanent one. Efforts to remove the rider have been unsuccessful, and there is no indication that Congress intends to restore funding in the near future.

The Impact on Kentucky Residents

The unavailability of § 925(c) relief has a disproportionate impact on individuals who cannot obtain relief through state-level mechanisms. If your felony conviction occurred in a state that does not provide robust restoration options — or if your conviction is a federal felony that cannot be pardoned by a state governor — you are effectively left without any federal pathway to restoration.

For Kentucky residents, this means that the state-level restoration mechanisms — pardons and expungements — become even more important. These are the primary tools available for addressing the federal firearms disability, because the direct federal pathway is closed.

Can You Challenge the Defunding?

Several legal challenges have been brought against the congressional defunding of § 925(c). The Supreme Court addressed this issue in United States v. Bean, 537 U.S. 71 (2002), holding that the ATF’s failure to act on a § 925(c) application due to lack of funding does not constitute a “denial” that can be appealed to federal court. This effectively closed the judicial review pathway for individuals seeking federal firearms relief.

However, the post-Bruen legal landscape may eventually force Congress or the courts to reconsider this issue. If felon-in-possession statutes face increasing constitutional challenges under the Second Amendment, the absence of any federal mechanism for individual relief could itself become a constitutional issue. Courts may find that the government cannot permanently deprive individuals of a fundamental constitutional right while simultaneously eliminating the only mechanism for seeking individual relief.

Alternative Pathways

Given that § 925(c) is effectively unavailable, Kentucky residents seeking to restore their firearms rights must rely on alternative pathways:

Kentucky Governor’s pardon: A full pardon with express restoration of firearms rights can remove the federal disability under § 921(a)(20). This is the most reliable pathway for Kentucky state felony convictions.
Kentucky expungement: An expungement under KRS 431.073 may remove the federal disability, although this depends on how federal courts interpret the expungement’s effect.
Presidential pardon: For federal felony convictions, only a presidential pardon can provide relief at the federal level. This pathway is extremely difficult and rarely successful.
Constitutional challenge: Under the Bruen framework, direct constitutional challenges to the firearms disability may be viable, particularly for non-violent offenders.

Why This Matters

The unavailability of § 925(c) relief means that many Americans — including thousands of Kentuckians — are permanently prohibited from possessing firearms with no practical mechanism for seeking individual review of their circumstances. This is true even for individuals who pose no danger to public safety and who have demonstrated decades of rehabilitation and law-abiding behavior.

At Clark + Harris, we believe that every individual deserves a meaningful pathway to restore their constitutional rights. While we cannot change the congressional appropriations process, we can help Kentucky residents navigate the state-level mechanisms that remain available and pursue constitutional challenges where appropriate.

Don’t risk a federal firearms charge by assuming your rights are restored. Call Clark + Harris at 859-474-0001 for a legal analysis of your specific situation. Our attorneys in Lexington and Louisville will evaluate every available pathway and develop a strategy tailored to your specific circumstances.

Frequently Asked Questions

How soon should I contact Clark + Harris after being charged in Kentucky?

As soon as possible. Early representation protects your rights during questioning, preserves evidence, and often leads to better outcomes. Call 859-474-0001 — we respond promptly to new inquiries.

Does Clark + Harris represent clients throughout Kentucky?

Yes. We represent clients in all 120 Kentucky counties, both state District and Circuit courts, and federal courts in the Eastern and Western Districts of Kentucky.

What happens during a free consultation with Clark + Harris?

We review the specific charges and evidence, discuss available defenses, explain the likely process in the relevant court, and give you a clear roadmap of next steps — at no cost to you.

Related Resources

If this information applied to your situation, the following Clark + Harris guides may also be helpful:

Federal Firearms Relief Under 18 U.S.C. § 925(c): Is It Still Available?