Justice Department finalizes rule allowing some to regain gun rights

The Justice Department finalized a federal regulation establishing a new process for eligible individuals prohibited from possessing firearms to apply for restoration of their federal firearm rights, Attorney General Todd Blanche announced. The rule marks one of Blanche’s first actions as Attorney General.

“The Second Amendment is not a second-class right, and the federal government should not permanently deprive Americans of a constitutional right without regard to whether they pose a danger to public safety,” Blanche said in a statement, adding that the rule “establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”

U.S. Pardon Attorney Edward Martin praised President Trump’s role in establishing the program, characterizing it as an “unprecedented restoration of firearms rights to millions of Americans.” Martin said his office worked under Blanche’s direction to create a pathway for what he described as 30 million Americans who have lost their Second Amendment rights. The release did not provide supporting data for that estimate, and the new process does not automatically restore firearm rights.

According to the Justice Department, the statutory process Congress created under 18 U.S.C. § 925(c) had been effectively unavailable to most individuals seeking relief from federal firearms disabilities for more than three decades. Officials said the final rule restores a functioning process for the individualized consideration Congress authorized and advances President Trump’s directive to protect Second Amendment rights.

The Justice Department emphasized that restoration under the final rule is neither automatic nor guaranteed. Each applicant must demonstrate to the Attorney General’s satisfaction that the circumstances behind the prohibition, combined with the applicant’s record, reputation and subsequent conduct, show that the applicant is unlikely to act dangerously and that granting relief would not be contrary to the public interest, according to the release.

The department said it will weigh the facts and circumstances of each application while maintaining strong presumptions against relief for individuals whose crimes, conduct or status indicate heightened public-safety risks. Absent extraordinary circumstances, violent felons, registered sex offenders, illegal aliens and other individuals who present an ongoing danger will remain presumptively ineligible for relief, the department said. Any relief granted under the rule removes only applicable federal firearms disabilities and does not override independent restrictions imposed under state law, officials noted.

The signed final rule was submitted to the Office of the Federal Register and will take effect 30 days after publication, according to the Justice Department. The department noted that the version available before publication is unofficial and that the version published in the Federal Register will be the official text. Individuals seeking restoration of their federal firearm rights can visit the department’s Federal Firearm Rights Restoration Program website for eligibility information, application instructions and access to the application process, the release stated.