DOJ says applicants must disclose presumptive disqualifiers and past convictions even if those convictions were later expunged, pardoned, set aside or similarly amended after conviction.
The Five Presumptive-Disqualifier Groups
1. Current Status
Conditions that exist now and generally remain a presumption while unresolved.
2. Permanent
Specified serious felony conduct creates a permanent presumption of denial.
3. Ten Years
Specified convictions, sentence service, later arrests or other conduct can create a 10-year presumption.
4. Five Years
Other felonies and specified violent misdemeanors can create a 5-year presumption.
5. Reapplication
Some prior FFRR denials create presumptions against a later application.
1. Current-Status Presumptions
DOJ currently lists the following types of unresolved status:
- awaiting sentencing for any crime;
- incarcerated or still serving any part of a sentence;
- participating in a diversion program that avoids or substitutes for conviction;
- fugitive from justice status;
- qualifying unlawful use of or addiction to controlled substances, with DOJ's current marijuana exception;
- being in the United States illegally or under a nonimmigrant visa;
- a qualifying court-issued restraining order involving harassment, stalking or threats against an intimate partner or the partner's child;
- specified sex-offender registration situations; and
- certain unresolved mental-health-related firearm disabilities when a qualifying relief-from-disability program exists.
2. Permanent Presumptions
DOJ identifies felony conduct involving or similar to these categories: death of another person; rape, sexual abuse or sexual assault; human trafficking; kidnapping; intimate-partner or domestic violence; burglary; robbery; extortion; carjacking; arson; violent racketeering; gang-related offenses; maiming, assault or battery; stalking; escape or rescue of a person in custody; terrorism; witness tampering; brandishing or discharging a firearm; use of an explosive; and conduct the same as or similar to those categories.
3. Ten-Year Presumptions
Within the previous 10 years, DOJ identifies convictions or service of any portion of a sentence for specified felony conduct including drug trafficking, threats of violence, explosives, certain firearm- or ammunition-related conduct, possession or discharge of a weapon on school property, animal abuse, and misdemeanor crimes of domestic violence.
DOJ also identifies additional circumstances occurring during the 10 years following a misdemeanor domestic-violence conviction or sentence, including another § 922(g) disability or specified later arrests.
4. Five-Year Presumptions
Within the previous five years, DOJ identifies a conviction or service of any portion of a sentence for another felony not captured above, or for misdemeanor assault, battery, stalking, or a threatened act of violence.
5. Reapplication Presumptions
A prior FFRR denial can itself affect a later application. DOJ identifies prior denials based on a permanent presumptive disqualifier, and certain denials within the previous five years, as reapplication presumptions.
A differently named offense can still fit a listed category if the underlying conduct is the same as or similar to DOJ's listed conduct.