Attorney General Todd Blanche is launching a new federal process that could give as many as 30 million Americans a pathway to regain their Second Amendment rights, reviving a mechanism that has been effectively unavailable for more than three decades.
The Justice Department finalized a rule Monday establishing a process for individuals prohibited from possessing firearms to petition the federal government to restore their firearm rights.
“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. “This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration.”
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. Congress authorized the attorney general to restore firearm rights under Section 925(c). The new Justice Department program establishes a separate process through which eligible individuals can apply for relief.
U.S. Pardon Attorney Edward Martin said the new program provides a pathway for approximately 30 million Americans who have lost their Second Amendment rights. “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 rule does not automatically restore firearm rights to anyone currently prohibited from possessing a gun. Instead, applicants will have to demonstrate to the attorney general’s satisfaction that the circumstances leading to their firearm prohibition, combined with their record, reputation, and subsequent conduct, show they will not act in a manner dangerous to public safety. The Justice Department will review applications individually and maintain strong presumptions against granting relief to people considered to pose heightened risks to public safety.
“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 press release from the DOJ.
Absent extraordinary circumstances, violent felons, registered sex offenders, illegal aliens, and others who present an ongoing danger will remain presumptively ineligible. It will not override independent restrictions imposed by state law.
The National Rifle Association, which has long advocated for restoring firearm rights to people who have completed their sentences and are not considered dangerous, welcomed the announcement while noting that it had sought several changes to the final rule.
“NRA has long championed full restoration of Second Amendment rights for individuals who paid their debts to society and who are not demonstrably dangerous to public safety,” John Commerford, Executive Director of the National Rifle Association Institute for Legislative Action, told The Daily Wire. “While the final rule falls short on a few of these suggestions, it is an important step in the right direction.”
“As ever, we will continue our advocacy to ensure no American is unduly deprived of the right to keep and bear arms,” Commerford concluded.
Federal law bars various categories of people from possessing firearms, with felony convictions among the most common grounds for a federal firearm disability. The restrictions have increasingly come under scrutiny following the Supreme Court’s 2022 decision in New York State Rifle & Pistol Association v. Bruen, which established that modern firearm regulations must be consistent with the nation’s historical tradition of firearm regulation.
Individuals seeking restoration of their federal firearm rights can access eligibility information, application instructions, and the Justice Department’s application process through the Federal Firearm Rights Restoration Program.
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