Toolkit · Criminal
The Firearms Compliance and Rights Restoration Toolkit
18 U.S.C. § 922
- Type
- Toolkit
- Jurisdiction
- National
- Date
- 2025-02-25
- Topic
- Criminal
This toolkit supplies the documents a firearm owner or a person facing a firearms problem actually needs. It opens with a status verification worksheet and a criminal history request, because the prohibited categories are broader than most people assume and several do not involve felonies. It provides a background check denial appeal framework, a prior conviction analysis sheet using the categorical approach, and a travel research sheet to be completed for every state on a route. Compliance materials include a transport checklist keyed to the federal safe harbor, a private sale bill of sale, a firearms inventory with National Firearms Act registration tracking, and a household storage agreement for homes containing a prohibited person. Additional tools cover protective order surrender receipts, a rights restoration petition outline, estate distribution instructions for an executor, and a collateral consequences checklist to complete before any plea. A routing table points to the other UpLaw resources each situation requires.
The Firearms Compliance and Rights Restoration Toolkit
Criminal > Firearms and Weapons | Published 25 February 2025 - Updated 17 February 2026 | UpLaw - uplaw.us
Firearms law asks two questions: what is your status, and where are you standing. These documents answer both.
Tool 1 — Status verification worksheet
⭐ Complete this before acquiring anything, and again after any conviction, plea, protective order, or commitment.
| Question | Answer | Documentation obtained |
|---|---|---|
| Every criminal disposition, including deferred adjudications and dismissals | ☐ | |
| For each: maximum possible sentence as of the date of conviction | ☐ | |
| Any conviction with a maximum over one year? | ☐ Yes ☐ No | ☐ |
| Any misdemeanor involving a spouse, partner, cohabitant, or co-parent? | ☐ Yes ☐ No | ☐ |
| Any protective or restraining order ever entered against you? | ☐ Yes ☐ No | ☐ |
| Was that order entered after notice and a hearing? | ☐ Yes ☐ No | ☐ |
| Any involuntary commitment or adjudication of incapacity? | ☐ Yes ☐ No | ☐ |
| Current use of any controlled substance, including state-legal cannabis? | ☐ Yes ☐ No | — |
| Immigration status | ☐ | |
| Currently under indictment? | ☐ Yes ☐ No | ☐ |
| Ever dishonorably discharged? | ☐ Yes ☐ No | ☐ |
| Ever renounced citizenship? | ☐ Yes ☐ No | — |
| Complete criminal history ordered from every state of residence | ☐ | |
| Written determination obtained from counsel | ☐ |
☐ ⚠ The federal test is the maximum possible sentence, not the sentence imposed. A conviction carrying a two-year maximum disqualifies even where no jail was served. ☐ ⭐ A misdemeanor crime of domestic violence under 18 U.S.C. § 922 is a permanent disqualification. United States v. Hayes — the relationship need not be an element. Voisine v. United States — reckless conduct qualifies. ☐ Federal law does not recognize state cannabis legalization. See cannabis and controlled substances.
Tool 2 — Criminal history request
[Date] — [State Bureau of Identification / Records Division]
Re: Request for personal criminal history record — [name], DOB [ ]
I request a complete copy of my own criminal history record maintained by your agency, including all arrests, charges, dispositions, and any sealed or expunged entries to the extent I am entitled to receive them.
Enclosed are: [completed request form], [fingerprint card], [identification], and [fee].
Please advise if anything further is required.
[Name, contact]
☐ Request from every state where you have lived, not just your current one. ☐ Then order certified copies of the judgment and the charging document for each entry — ⭐ the charging document is where the domestic relationship and the actual elements appear. ☐ Note the maximum penalty as it stood on the date of conviction, which may differ from today's.
Tool 3 — Prior conviction analysis sheet
For counsel, and for anyone assessing exposure. ⭐ A prior everyone assumed qualified frequently does not, and that determination alone can remove a fifteen-year mandatory minimum.
| Item | Prior 1 | Prior 2 | Prior 3 |
|---|---|---|---|
| Jurisdiction and case number | |||
| Statute of conviction, with subsection | |||
| Date of offense | |||
| Date of conviction | |||
| Maximum penalty on the date of conviction | |||
| Sentence imposed | |||
| Full statutory text obtained? | ☐ | ☐ | ☐ |
| Elements of the offense, listed | |||
| Is the statute divisible? | ☐ | ☐ | ☐ |
| If divisible, which alternative was charged? | |||
| Certified judgment obtained? | ☐ | ☐ | ☐ |
| Charging document obtained? | ☐ | ☐ | ☐ |
| Plea colloquy obtained? | ☐ | ☐ | ☐ |
| Does it categorically match the federal definition? | ☐ | ☐ | ☐ |
| Occasion — date, time, location, victim | |||
| Civil rights lost? Restored? | |||
| Relief order language preserves the firearms disability? | ☐ | ☐ | ☐ |
☐ Apply the categorical approach of Taylor v. United States, refined in Mathis v. United States — compare elements, not conduct. ☐ For Armed Career Criminal Act different-occasions questions, apply Wooden v. United States. ☐ Foreign convictions do not count — Small v. United States. ☐ Note Lewis v. United States and Barrett v. United States on the scope of the possession offense, and Logan v. United States on the civil rights restoration exception. ☐ Knowledge of status is an element — Rehaif v. United States.
Tool 4 — Background check denial appeal
[Date] — [Appeal Services / State point of contact]
Re: Appeal of firearm transfer denial — transaction number [ ], [name], DOB [ ]
I was denied on [date] at [dealer]. I appeal that determination and request:
- The specific reason for the denial, and the record on which it is based.
- The originating agency and case number for any record relied upon.
The denial appears to rest on [describe]. That record is incorrect because: [the charge was dismissed / the person identified is not me / the maximum penalty was one year or less / the commitment was voluntary / the order has expired].
Enclosed are: [certified disposition]; [court order]; [identification documents]; [fingerprints].
I request correction of the record and reversal of the denial.
[Name, contact]
☐ ⭐ Record errors are common and correctable — mismatched identities, dismissed charges recorded as convictions, voluntary admissions logged as commitments, and expired orders never removed. ☐ Exceptions and relief provisions appear at 18 U.S.C. § 925; licensing at 18 U.S.C. § 923. ☐ Keep the denial notice and every response permanently.
Tool 5 — Travel research sheet
Complete one row per state on the route, before every trip. ⚠ A printout from two years ago is not research.
| State | Possession lawful? | Magazine limit | Feature restrictions | Ammunition rules | Permit recognized? | Transport requirements | Duty to inform? |
|---|---|---|---|---|---|---|---|
| Origin | |||||||
| Transit 1 | |||||||
| Transit 2 | |||||||
| Transit 3 | |||||||
| Destination |
☐ ⭐ The transport safe harbor does not cure contraband. A magazine unlawful in a transit state is unlawful whether or not 18 U.S.C. § 926A applies to the firearm. ☐ Note any planned overnight stop and confirm possession is lawful there. ☐ Confirm federal facility restrictions under 18 U.S.C. § 930 — post offices, courthouses, and Veterans Affairs properties including parking areas.
Tool 6 — Transport compliance card
Print and keep in the vehicle.
18 U.S.C. § 926A — transport requirements ☐ Possession is lawful where I started and where I am going. ☐ The firearm is unloaded. ☐ Neither firearm nor ammunition is readily accessible from the passenger compartment. ☐ With no separate trunk, both are in a locked container — not the glove compartment, not the console. ☐ I am merely passing through; I am not establishing residence or stopping at length.
This is a defense, not immunity. It does not authorize carry. It does not protect items that are contraband where I am.
If stopped: hands visible · announce movements · comply · do not consent to a search · do not answer questions · ask if I am free to leave · write it all down afterward.
☐ See may I look in the car and search and seizure.
Tool 7 — Private sale bill of sale
Use even where your state does not require documentation. ⭐ It protects the seller, and it is free.
BILL OF SALE — FIREARM
Seller: [name, address, state of residence, identification type and number] Buyer: [name, address, state of residence, identification type and number] Date and place of sale: [ ]
Firearm: [make] [model] [type] [caliber] serial number [ ] Consideration: [ ]
Buyer's certifications. The Buyer certifies that: (1) the Buyer is a resident of the state identified above, the same state in which this sale occurs; (2) the Buyer is at least the minimum age required by federal and state law; (3) the Buyer is not prohibited from receiving or possessing a firearm under 18 U.S.C. § 922 or any state law, including by reason of any conviction, protective order, commitment, unlawful drug use, or immigration status; and (4) the Buyer is acquiring this firearm for the Buyer's own use and not on behalf of any other person.
Seller's statement. The Seller has no knowledge or reasonable cause to believe that the Buyer is prohibited.
[Both signatures, date] [Copy of each party's identification attached]
☐ Retain indefinitely with the serial number recorded separately. ☐ ⚠ Confirm your state's requirements first — many now require a background check or a licensed intermediary for private transfers. ☐ ⚠ If the person paying is not the person taking possession, stop. That is a straw purchase, and the seller can be drawn into it. ☐ ⚠ A handgun generally may not be transferred directly between residents of different states; use a dealer licensed under 18 U.S.C. § 923.
Tool 8 — Firearms inventory and NFA register
Store a copy somewhere other than the home.
| # | Make | Model | Type | Caliber | Serial | Acquired (date/source) | NFA item? | Registration doc location |
|---|---|---|---|---|---|---|---|---|
| 1 | ☐ | |||||||
| 2 | ☐ | |||||||
| 3 | ☐ |
For each National Firearms Act item: ☐ Registration confirmed under 26 U.S.C. § 5841 ☐ Classification verified against 26 U.S.C. § 5845 — barrel length, overall length, configuration ☐ State legality confirmed ⚠ several states ban items federal law permits ☐ Approved documents stored with the item ☐ Interstate transport approval obtained where required ☐ Who may lawfully possess it in my absence: [ ] ☐ ⚠ Constructive possession check: do I own parts that could assemble an unregistered item? 26 U.S.C. § 5861, penalties at 26 U.S.C. § 5871 ☐ Note Staples v. United States on the knowledge requirement; regulations at 27 C.F.R. part 479, ordinary firearms at 27 C.F.R. part 478, explosives at 27 C.F.R. part 555, import and export at 27 C.F.R. part 447
Tool 9 — Household storage agreement
For a home where a prohibited person resides. ⭐ This document is the difference between lawful cohabitation and a constructive possession charge.
FIREARM STORAGE ACKNOWLEDGMENT — [address], [date]
- [Owner] is the sole owner of the firearms listed on the attached inventory.
- [Household member] is a person prohibited from possessing firearms and asserts no ownership or control over any of them.
- All firearms are stored in a locked [safe/container] located at [location]. Access is by [key/combination/biometric].
- [Household member] does not have and will not be given the key, combination, or access credential, and does not know it.
- [Owner] alone possesses the means of access.
- No firearm is stored anywhere else in the residence or in any shared vehicle.
- Both parties have read this acknowledgment and understand its purpose.
[Signatures, date]
☐ Photograph the container and its location, dated. ☐ Review whenever the household composition changes. ☐ ⚠ Mere presence near a firearm is generally insufficient for possession, but access plus knowledge plus a casual admission at the scene is how these cases are lost. ☐ Confirm your state's secure storage and child access prevention requirements separately.
Tool 10 — Protective order surrender receipt
RECEIPT FOR FIREARMS SURRENDERED — [case number], [date], [time]
Surrendered by: [name, address] Received by: [agency or licensed dealer, name of individual, badge or license number] Pursuant to: [court, order date, case number]
# Make Model Type Caliber Serial Condition 1 2 Ammunition surrendered: [describe, quantity] Storage location: [ ] · Conditions for return: [ ] · Contact for return: [ ]
[Signatures of both parties]
☐ ⚠ Use the statutory mechanism. Informal transfer to a friend can be an unlawful transfer under 18 U.S.C. § 922 and frequently produces a second charge. ☐ Obtain the receipt at the time of surrender, listing every item by serial number. ☐ Calendar the order's expiration and the termination procedure. ☐ Note that a federal disqualification may attach while the order is in effect, upheld in United States v. Rahimi; related interstate offenses appear at 18 U.S.C. § 2261 and 18 U.S.C. § 2262. ☐ See domestic violence protective orders and obtaining or responding to a protective order.
Tool 11 — Rights restoration petition outline
PETITION FOR [EXPUNGEMENT / SET ASIDE / RESTORATION OF RIGHTS]
- Petitioner: [name, DOB, address].
- Conviction at issue: [court, case number, statute, date of conviction, sentence imposed].
- Sentence completed on [date]; all fines, restitution, and supervision satisfied on [date].
- Waiting period under [state statute] is [ ]; [ ] years have elapsed.
- Petitioner has no subsequent convictions.
- Petitioner's circumstances since: [employment, family, community, treatment completed].
- Relief requested: [expungement / set aside / restoration of civil rights including the right to possess firearms].
- Petitioner requests that any order entered expressly restore the right to possess firearms and expressly state that no firearms disability is preserved.
- [If applicable] Petitioner requests correction of the record maintained by [agency] to reflect the relief granted.
[Signature, date, exhibits]
☐ ⭐ Paragraph 8 is the operative paragraph. State relief satisfies the federal definition only where it expunges, sets aside, or pardons the conviction, or restores civil rights, and does not expressly preserve the firearms disability. ☐ Obtain relief in every jurisdiction where a disqualifying conviction exists. ☐ For a mental health disqualification, look for a state relief-from-disabilities program — ⭐ the most successful restoration category in practice. ☐ ⚠ Federal relief under 18 U.S.C. § 925 exists on paper but has been unfunded for decades. ☐ ⚠ Do not possess anything until you hold both the order and a written analysis. Knowledge of status bears on the offense after Rehaif v. United States, but a mistaken belief does not make possession lawful. ☐ See criminal record relief, petitioning to expunge or seal a criminal record, and the criminal record relief and reentry toolkit.
Tool 12 — Collateral consequences checklist
Complete before any plea. ⭐ A disposition that resolves the criminal case well can be catastrophic in another system.
| System | Question | Answer |
|---|---|---|
| Immigration | Is the client a noncitizen? Is this a deportable offense? | ⚠ Immigration counsel before any plea — see removal defense |
| Firearms | Does the disposition create a permanent disqualification? | |
| Professional license | Is self-reporting required, and by when? | See professional licensing and occupational discipline |
| Employment | Does the employer prohibit firearms or require disclosure? | |
| Housing | Does the lease or program permit continued tenancy? | See landlord and tenant law |
| Custody | Will storage or possession be raised? | See divorce and dissolution |
| Security clearance | Is the offense reportable? | |
| Property | Will seized firearms be returned, and by what procedure? | 18 U.S.C. § 3665 |
| Enhancement exposure | Does this become a predicate for a future charge? | 18 U.S.C. § 924 |
| Restoration | Does the state offer relief for this offense, and when? |
☐ ⚠ File for return of seized property promptly. Agencies destroy property on schedules that do not wait for the criminal case. ☐ See the criminal case from arrest to sentencing and post-conviction relief.
Tool 13 — Estate instructions for an executor
INSTRUCTIONS REGARDING FIREARMS — [decedent], [date]
- The attached inventory lists all firearms, with serial numbers. Items marked "NFA" are registered under 26 U.S.C. § 5841; their registration documents are located at [ ].
- Do not distribute any firearm to any person until eligibility is confirmed. ⚠ A transfer to a prohibited person is unlawful, and the executor may be personally exposed.
- Confirm each recipient's eligibility under 18 U.S.C. § 922 in writing.
- Any distribution to a recipient in another state must be routed through a licensed dealer in the recipient's state.
- Any registered item must be transferred through the approved process, with prior approval, before it changes hands.
- Until distribution, store all firearms in [location], locked, with access limited to the executor.
- Licensed dealer to assist: [name, address, phone, license number].
- Counsel: [name, phone].
☐ Address firearms explicitly in the will or trust rather than leaving them in a residuary clause. ☐ ⭐ Most executors have no idea they are personally exposed here. One page of instructions prevents it. ☐ See trusts and estate planning, probate and estate administration, and building and maintaining an estate plan.
Tool 14 — Routing table
Tool 15 — The card
- Verify your status in writing before acquiring anything, and again after anything changes.
- The federal test is the maximum sentence, not what you served.
- An old domestic-violence misdemeanor is a permanent disqualification.
- Never answer the actual-buyer question falsely — not even for family.
- A handgun does not cross a state line except through a dealer.
- Research every state on a route, every trip.
- Follow the transport safe harbor exactly; it is a defense, not immunity.
- Registered items are a separate legal world — and several states ban them.
- If an order issues, surrender through the statutory mechanism and get a receipt.
- Never possess on the assumption that rights were restored.