DOJ Proposes New Federal Rule to Restore Gun Rights for Some Felons: What This Means in Oklahoma

In a move that has sparked national debate, the U.S. Department of Justice (DOJ), under direction from President Trump’s executive order, proposed a new rule that could allow certain people with felony convictions to regain their federal firearm rights—something that hasn’t been possible for over 30 years. 

At Cannon & Associates, we understand how complex the intersection between federal and Oklahoma firearm laws can be. We’re breaking down what this development means from a legal standpoint, especially for Oklahoma residents, and what it means if you or someone you know has a felony on their record in Oklahoma.

WHAT’S CHANGING NOW?

This proposed rule is the first serious attempt in decades to reopen that path. In 2018, during the Trump administration, an executive order directed the Department of Justice to review the federal clemency process, including how firearm rights were handled. While no major public changes happened at that time, it laid the groundwork for the DOJ to revisit the issue.

Now, years later, the DOJ is proposing a new process that would allow certain people with federal felonies to apply to have their gun rights restored.

Importantly, this proposal does not mean all felons will have their rights restored.  The process would fall under the DOJ’s Office of the Pardon Attorney and focus on non-violent convictions. The DOJ has stated that restoration would be limited, with a thorough screening process in place. Serious offenses—such as violent crimes, domestic abuse, and repeat offenses—are unlikely to qualify. Still, this represents the most significant federal movement on this issue in over 30 years.

Oklahoma Law Still Controls In-State Gun Possession

Even if the DOJ’s rule is finalized and federal firearm rights are restored, Oklahoma residents need to understand that state law remains in full force. In Oklahoma, individuals with felony convictions are prohibited from possessing firearms unless they receive a pardon from the Governor. This applies regardless of whether the original offense was violent or non-violent. A federal restoration of rights does not override Oklahoma’s criminal statutes. That means, if you are a pardoned felon under federal law but not under Oklahoma law, you could still face state criminal charges for firearm possession.

The bottom line: a federal restoration may help clear a background check at the federal level, but it won’t protect you from prosecution under Oklahoma law unless your rights have also been restored at the state level. 

How could you restore your gun rights in Oklahoma? In Oklahoma, restoring your firearm rights begins with securing a Governor’s pardon. Without this step, it remains a felony to possess a firearm if you have a prior felony conviction—even if the DOJ restores your federal rights.

To be eligible for a pardon in Oklahoma, individuals must typically:

• Have completed their full sentence, including probation or parole, or
• Have completed at least five years of successful supervision
• Demonstrate rehabilitation, remorse, and a law-abiding lifestyle

The process begins with an application to the Oklahoma Pardon and Parole Board. If approved, the Board forwards a recommendation to the Governor, who has the final say. The process is not quick—applications can take several months or longer—and a pardon is never guaranteed. Once granted, a pardon restores civil rights such as the right to vote, serve on a jury, and importantly, to legally possess firearms under state law.

What This Means for You or a Loved One

If you or a loved one in Oklahoma has a felony conviction and are interested in regaining your firearm rights, here are the key takeaways:

• Federal restoration alone is not enough in Oklahoma—you still need a pardon from the Governor.
• You cannot lawfully possess or purchase a firearm in Oklahoma until your rights are restored under state law.
• Expungement and pardon are not the same. Only a pardon restores firearm rights. Expungement seals your record, but it does not reinstate Second Amendment rights.
• You may still be prosecuted under state law, even if you are cleared at the federal level.

So while this proposed change may be a big step forward at the federal level, it doesn’t automatically change anything in Oklahoma law. Still, it could increase momentum for states to reconsider how they handle rights restoration, and it may eventually encourage Oklahoma lawmakers to review or expand the path for people to restore their rights on the state level as well. 

Until then, anyone with a felony record in Oklahoma needs to be extremely cautious. Owning, carrying, or even being near a firearm could still result in new charges—regardless of what the federal government says.

At Cannon & Associates, we help people navigate the complex overlap between state and federal law, especially when it comes to criminal records, firearms, and second chances. If you’ve been convicted of a felony and want to explore what options may be available to restore your rights or avoid future legal trouble, we’re here to guide you. Whether you’re trying to understand what this new federal rule means for you or exploring whether you qualify for other forms of relief under Oklahoma law, we can help you take the next step.

Call us at 405-689-8417 and schedule your FREE Case Strategy Session to discuss the possibility of restoring your firearm rights in Oklahoma. Our dedicated team is ready to provide personalized support, guidance, and advocacy.

Be sure to also check out the FREE Resources and valuable information available on our website and YouTube channel, so you can stay up-to-date on important legal matters.