Bellantoni Law

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Attorney Profile

Bellantoni Law

15+ Years’ Trial-Tested Advocacy

Amy L. Bellantoni vigorously represents clients in a variety of state and federal claims including representing employers and employees in discrimination claims under the ADA, Title VII, Rehabilitation Act, Pregnancy Discrimination Act; sexual harassment, violations of the First Amendment and Equal Protection; Whistleblower/Qui Tam actions, breach of contract, defamation, family law, child custody, support and visitation petitions, criminal defense, state and federal appeals, and Article 78 proceedings.

An avid supporter of the Constitutional right to bear arms under the Second Amendment, Ms. Bellantoni represents clients with pistol licensing, revocations, restoring firearm rights, police seizures of firearms, firearm and self-defense related charges, and substantive First, Second, Fourth and Fourteenth Amendment violations.

Bellantoni Law

Ms. Bellantoni is a former Senior Assistant District Attorney for Rockland County. As a Sr. ADA, she was assigned to the Investigations and White Collar Crime Units and has investigated and prosecuted hundreds of felony and misdemeanor crimes. While with the Rockland County District Attorney’s Office, she was also cross-designated as a Special Deputy Assistant Attorney General with the New York State Attorney General’s Office’s Organized Crime Task Force and a Special Assistant United States Attorney with the U.S. Attorney’s Office for the Southern District of New York, where she was involved in the investigation and prosecution of organized crime.

Ms. Bellantoni graduated from the University of Connecticut with a degree in Political Science and earned her law degree from Western New England College School of Law.

Ms. Bellantoni is admitted to practice in New York State, the Federal Courts in the Southern, Eastern, and Northern Districts of New York, the Second Circuit Court of Appeals, and the District of Columbia.

Please complete our contact form or self-schedule an appointment today.

Pistol on firearm transfer form and pen

NICS Denials and Appeals

If you were denied by NICS for an event that took place...

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Gavel on desk with judge reading papers

Sealing a Felony Conviction Does NOT Restore Gun Rights

Only a Certificate of Relief from Civil Disabilities will restore your Second...

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Handgun on U.S. Constitution and American flag

NICS Denials and Appeals

If you were denied by NICS for an event that took place...

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Contact Us

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  • Contact us using the form below, self-schedule an appointment, or call (914) 367-0090 to schedule an appointment.

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914.616.2A NY (2269)

 

Address

2 Overhill Road, Suite 400
Scarsdale, New York 10583

Federal Firearm Rights Restoration Is Back — For the First Time in Three Decades.

After more than thirty years, there is finally a working federal path to restore firearm rights lost to a disqualifying record. Here is what the new process is, who it applies to, and why the details matter.

If you are prohibited from possessing firearms under federal law, you may have been told for years that nothing could be done — that the door was simply closed. For most of the past three decades, that was effectively true. That is no longer the case.

In August 2026, the U.S. Department of Justice finalized a rule that revives a long-dormant statute, 18 U.S.C. § 925(c), and creates a real, administrable process for individuals to petition the federal government to restore their firearm rights. Applications begin opening in stages this fall. For anyone living under a federal firearm disability, this is the most significant development in a generation — and, because demand is expected to vastly outstrip the available slots, the details of how and when you apply matter a great deal.

Why the door was closed for so long

Section 925(c) has been on the books for years. It authorizes relief from federal firearm disabilities for a person who can show that they will not be a danger to public safety. But beginning in 1992, Congress used annual appropriations riders to bar the Bureau of Alcohol, Tobacco, Firearms and Explosives from spending any money to process these applications. The statute remained valid; the agency charged with administering it was simply defunded from doing so. The practical result was a right on paper with no way to exercise it.

The new rule works around that decades-old roadblock by moving administrative authority away from ATF and to the DOJ’s Office of the Pardon Attorney, which is not subject to the same appropriations restriction. For the first time since 1992, there is an office with both the authority and the ability to receive, review, and decide these applications.

The standard that governs your application

The governing question is set by statute. To obtain relief, an applicant must establish that the circumstances of the disability, together with the applicant’s record and reputation, show that the applicant “is not likely to act in a manner dangerous to public safety” and that granting relief “would not be contrary to the public interest.”

That is a substantive, evidence-driven standard — not a formality. A successful application is one that tells a complete and well-documented story about who you are today: your record, your reputation in your community, the nature and age of the underlying disqualification, and the reasons your restoration would pose no danger. This is precisely the kind of showing that benefits from careful preparation.

Who may apply

The process is open to individuals who are prohibited from possessing firearms under the various categories of 18 U.S.C. § 922(g). Those categories include people disqualified because of felony convictions, unlawful use of certain controlled substances, certain immigration statuses, a dishonorable military discharge, renunciation of citizenship, qualifying domestic-violence protective orders, and misdemeanor crimes of domestic violence.

Notably, the process is also open to those prohibited under § 922(g)(4) on the basis of a prior mental-health adjudication or involuntary commitment. If you lost your firearm rights because of a past commitment or an adjudication as a “mental defective,” you are among those the statute contemplates may seek relief.

How the presumptive disqualifiers work

The rule sorts underlying offenses into tiers that create a presumption against relief for a period of time measured from the completion of the entire sentence — including any term of supervision and any restitution:

  • Permanent presumption: the most serious violent offenses — such as homicide, sexual assault, kidnapping, robbery, arson, terrorism-related conduct, and certain offenses involving the use of a firearm.
  • Ten-year presumption: categories such as drug-trafficking offenses and firearm or ammunition offenses.
  • Five-year presumption: most other felonies and certain specified misdemeanors.

Importantly, a presumptive disqualifier is not necessarily the end of the road. The rule preserves the possibility of relief in extraordinary circumstances even for applicants who fall within a presumptive bar. Whether your situation supports that argument is a fact-specific question worth evaluating carefully before you file.

What the application involves

Applications are submitted through an online portal on the DOJ website using the designated federal form. In general, an applicant should expect to confirm eligibility, submit electronic fingerprints, provide character references, and assemble supporting documentation about the underlying disability and the applicant’s record and reputation. Where certain records genuinely cannot be obtained, the rule allows an applicant to submit affidavits explaining the efforts made and why they were unsuccessful. A modest application fee (currently listed at $30, with hardship reduction or waiver available) begins to apply at the January 2027 stage.

The timeline — and why timing is critical

The DOJ is opening the process in phases, and the number of public slots in the early windows is limited while demand is expected to be enormous — the Department has estimated it could receive on the order of hundreds of thousands of applications a year. The current schedule is:

  • September 25, 2026: invited applicants may begin applying.
  • November 4, 2026: the process opens to the public, with an initial cap of 5,000 applications.
  • January 4, 2027: an additional block of applications is accepted, and the application fee begins.

With capped early windows and heavy anticipated demand, being prepared and ready to file — with a complete, persuasive application — is likely to be a real advantage.

An important limit: this restores federal rights only

Federal and state firearm restrictions are separate systems, and this process addresses only the federal side. The DOJ has expressly cautioned that federal restoration does not automatically restore firearm rights under state or tribal law. If your goal is to lawfully possess a firearm where you live, both the federal disability and any state-law disability must be addressed. Coordinating the two is often where experienced counsel makes the difference.

Why this is worth doing carefully

This is a new process built on a statute that has not been actively used in a generation. The standard is substantive, the presumptive tiers are technical, the early filing windows are limited, and the interaction with state law is easy to overlook. A denial is not something to invite through a thin or premature filing. The applications most likely to succeed are the ones that are eligibility-tested, well-documented, and framed directly to the statutory standard from the outset.

Take the Next Step

If you have lost your firearm rights under federal law and want to know whether this new process can restore them, the best first move is a conversation about your specific record and your options. Schedule a call with The Bellantoni Law Firm to review your eligibility, map out the strongest possible application, and make sure both your federal and state rights are addressed together.


This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Federal firearm rights restoration is fact-specific, and the DOJ process and dates described here are subject to change. You should consult an attorney about your particular circumstances before taking action.

Federal Firearm Rights Restoration Is Back — For the First Time in Three Decades.

For the first time in more than thirty years, federal firearm rights restoration is a real, working process. A new Department of Justice rule under 18 U.S.C. § 925(c) lets people prohibited under federal law petition to restore their firearm rights — but the standard is demanding, the early filing windows are limited, and federal relief does not restore your rights under state law. Here is who qualifies, how the process works, and the key 2026–2027 deadlines.
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Bellantoni Law

Baird v Bonta (9th Circuit)

The 9th Circuit reversed the district court’s denial of the plaintiffs’ motion for a preliminary injunction of California’s criminal statutes banning peaceable open carry for self-defense. AA 9th Circuit Decision.pdf
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Bellantoni Law

Sealing a Felony Conviction Does NOT Restore Gun Rights

Only a Certificate of Relief from Civil Disabilities will restore your Second Amendment rights. A man who recently had a felony conviction sealed through the State’s ‘expungement’ law (Penal Law 160.59) wondered if the Sealing Order was sufficient to restore his 2A rights. A fingerprint run through the FBI and DCJS revealed that, despite the…
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Pistol on U.S. Constitution and American flag

Applying for a Pistol License – Do I Need an Attorney?

The majority of the phone calls that I receive are from individuals who call me after they have submitted their pistol license application and have received a denial letter from the licensing authority – the Judge, the Sheriff’s Office or the Police Commissioner. I think that we can all agree that the best approach to…
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Areas We Serve

Representing Clients State-Wide The Bellantoni Law Firm provides complete and personalized attention for a broad range of legal matters across New York State.Our Scarsdale attorneys represent clients in State and Federal Courts from New York City to Ulster County in matters such as civil rights violations, discrimination, criminal defense, family law, employment disputes, and sexual harassment and general litigation. When your rights are in jeopardy and you need a strong advocate on your side, we fight to preserve your rights and seek justice on your behalf.

Bellantoni Law

Second Amendment, Certificates of Relief and Pistol License Representation State-Wide:

  • Westchester
  • Rockland
  • Orange
  • Bronx
  • Nassau
  • Monroe
  • Saratoga
  • Oneida
  • Buffalo
  • Schuyler
  • Steuben
  • Columbia
  • Sullivan
  • Greene
  • Washington
  • Warren
  • Essex
  • Jefferson
  • Schenectady
  • Cayuga
  • Chenango
  • Clinton
  • New York City
  • Putnam
  • Ulster
  • Dutchess
  • Suffolk
  • Onondaga
  • Albany
  • Tompkins
  • Tioga
  • Cortland
  • Broome
  • Lewis
  • Otsego
  • Delaware
  • Chemung
  • Hamilton
  • Montgomery
  • Madison
  • Rensselaer
  • Schoharie
  • Herkimer
  • Saint Lawrence

Take A Step Toward Peace Of Mind

Contact one of our attorneys today to schedule an initial consultation.Let’s discuss the legal issues involved and how our legal expertise can best serve you.Because every client is unique, we provide tailored counsel specific to your legal needs and concerns.

Complete our contact form or self-schedule a consultation today.

Practice Areas

Bellantoni Law

15+ Years’ Trial-Tested Experience

Bellantoni Law

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