§ 107.50 Presumptive disqualifications for certain applicants.
(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 comparable sex-offender registration statute, based on an offense that disqualified that person from possessing a firearm under the Gun Control Act.
(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.