The Justice Department plans to create a process to restore gun rights to those with criminal convictions.
The interim rule on the matter follows a February executive order where President Trump called for agencies to “assess any ongoing infringements of the Second Amendment rights of our citizens, and present a proposed plan of action to the President, through the Domestic Policy Advisor, to protect the Second Amendment rights of all Americans.”
“Because it is foundational to maintaining all other rights held by Americans, the right to keep and bear arms must not be infringed,” the order asserts.
In an interim rule published in the Federal Register, the DOJ said it has “begun that review process in earnest.”
“The Department simultaneously recognizes that no constitutional right is limitless; consequently, it also supports existing laws that ensure, for example, that violent and dangerous persons remain disabled from lawfully acquiring firearms,” the statement in the Federal Register says. “From the Department’s perspective, regardless of whether the Second Amendment requires an individualized restoration process for persons subject to 18 U.S.C. 922(g), 18 U.S.C. 925(c) reflects an appropriate avenue to restore firearm rights to certain individuals who no longer warrant such disability based on a combination of the nature of their past criminal activity and their subsequent and current law-abiding behavior while screening out others for whom full restoration of firearm rights would not be appropriate.”
The DOJ expects Congress to put forward a plan on the matter and is “undertaking a broader examination of how to address the drain on resources that caused Congress to impose the rider in the first instance, including by addressing any potential inefficiencies in the regulatory process created by 26 CFR 178.144,” the rule says.
Erich Pratt, Senior Vice President of Gun Owners of America, released a statement supporting the development. “For decades, law-abiding Americans who have had their gun rights unfairly restricted have been left in legal limbo—creating an unconstitutional de facto lifetime gun ban,” Pratt said. “This bureaucratic failure has denied thousands of individuals their lawful opportunity to restore their rights. The DOJ’s decision to finally withdraw ATF’s authority in this matter is an encouraging sign that this administration is serious about protecting the Second Amendment for all Americans.”
