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§ 107.20 Review of application.

28 CFR 107.20

Citation28 CFR 107.20
CorpusDaily eCFR
Displayed edition2026-09-30
Last updated2026-09-30

§ 107.20 Review of application.

(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.