Justice Department Finalizes Rule to Restore Gun Rights for Certain Felons

The Justice Department finalized a rule on Monday that creates an online portal through which individuals whose firearms rights were revoked because of criminal convictions can petition for restoration. The rule establishes a case-by-case review, weighing each applicant’s record and reputation to determine whether they pose a likely threat to public safety. The department states that people convicted of violent crimes, registered sex offenders, individuals living in the country illegally, and others deemed dangerous will be denied “absent extraordinary circumstances.”

Associated Press

Since 1992, Congress has effectively barred the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from processing applications to restore gun rights, leaving a statutory gap for non-violent felons. Earlier this year, the Trump administration began rolling back a slate of gun regulations, and the new rule is presented as a continuation of that effort, aiming to provide a pathway for “deserving Americans” while maintaining public-safety safeguards.

Associated Press

Attorney General Todd Blanche, newly confirmed under President Donald Trump, framed the rule as a protection of constitutional rights: the Second Amendment should not be treated as a second-class right, and the federal government should not permanently deprive Americans of that right without assessing public-safety risk. The Justice Department emphasizes that the process will protect public safety while offering a “real path to restoration” for eligible individuals.

Associated Press

Kris Brown, president of the advocacy group Brady, expressed concern that the administration’s approach lacks sufficient discretion to safeguard the public. Brown argued that the administration has previously restored gun rights to convicted domestic abusers and participants in the January 6 insurrection, and has consistently rolled back policies shown to reduce crime and gun violence.

Associated Press

• “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

Associated Press

• “Yet the Trump administration has consistently shown us they have no such discretion, including by restoring gun rights to convicted domestic abusers and violent January 6 insurrectionists, and by tirelessly rolling back broad policies proven to prevent crime and gun violence,” — Kris Brown, the president of Brady

Associated Press