§ 107.10 Application for relief from disabilities under the Gun Control Act.
(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.