For more than three decades, a congressional funding ban has blocked Americans from petitioning the federal government to restore their Second Amendment rights. That roadblock is now gone.
Attorney General Todd Blanche announced Monday that the Justice Department has finalized a new rule creating a formal process for individuals currently prohibited from possessing firearms to seek restoration of their constitutional rights. The move could affect as many as 30 million Americans who have lost their gun rights, according to U.S. Pardon Attorney Edward Martin.
“President Trump keeps making history, this time by his unprecedented restoration of firearms rights to millions of Americans,” Martin said. “Over the past months, we have worked at the direction of Attorney General Todd Blanche to build a program to give a pathway for restoration for the 30 million Americans who have lost their Second Amendment rights.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives has been unable to process such applications since 1992, when Congress prohibited the agency from using appropriated funds for that purpose. While Congress had authorized the attorney general to restore firearm rights under Section 925(c), the practical mechanism to do so simply did not exist. Until now.
Blanche framed the new rule as a matter of constitutional principle.
“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,” he said. “This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”
The rule does not automatically restore firearm rights to anyone. Applicants will need to demonstrate to the attorney general’s satisfaction that they will not act in a manner dangerous to public safety. The Justice Department will review each application individually.
“Each applicant must establish to the Attorney General’s satisfaction that the circumstances giving rise to the prohibition, together with the applicant’s record, reputation, and subsequent conduct, demonstrate 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,” according to the DOJ.
Violent felons, registered sex offenders, illegal aliens, and others considered ongoing dangers will remain presumptively ineligible absent extraordinary circumstances. State law restrictions will also remain in effect independently.
The National Rifle Association welcomed the announcement, though the organization noted the final rule fell short in some areas. The NRA has long advocated for restoring firearm rights to individuals who have completed their sentences and do not pose a threat to public safety.
Federal law bars various categories of people from possessing firearms. Felony convictions are among the most common grounds for losing gun rights. These restrictions have faced increasing legal scrutiny in recent years following Supreme Court decisions affirming the individual right to keep and bear arms.
