Department of Justice establishes new process to restore federal firearm rights

The Department of Justice finalized a new regulation that establishes a process allowing certain individuals prohibited from possessing firearms to apply for the restoration of their federal rights, a measure introduced by the Trump Administration as a way to protect Second Amendment rights.

Attorney General Todd Blanche announced the measure as one of his first actions at the helm of the Department of Justice.

"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," Attorney General Todd Blanche stated.

"This rule establishes a rigorous, commonsense process that protects the public while giving deserving Americans a real path to restoration," he added.

The regulation stipulates that the restoration of gun rights will not be automatic or guaranteed. Each applicant must demonstrate, to the satisfaction of the attorney general, that the circumstances that led to the prohibition—along with their background, reputation, and subsequent conduct—show that they are not likely to act in a manner dangerous to public safety and that granting the benefit would not be contrary to the public interest.

The Department of Justice will evaluate the circumstances and facts of each application, while maintaining strong presumptions against granting the benefit to individuals whose crimes, conduct, or circumstances indicate a high risk to public safety.

The DOJ specified that violent criminals, registered sex offenders, immigrants who are in the country illegally, and other individuals who pose a persistent danger will remain presumed ineligible to regain their federal firearms rights.

The new regulation also clarifies that any restoration granted will only remove applicable federal firearms prohibitions and will not override separate restrictions established by state laws.

According to the Department of Justice, for more than three decades, the procedure established by Congress in 18 U.S.C. § 925(c) was virtually inaccessible to most people seeking relief from federal firearms prohibitions.